Form 1 Wait Times

[BLACKFINTURKEY]

My last one was over 120 days

[hoythunter28]

I submitted March 2021, and yet to get my stamp.

[Agdog]

I submitted March 2021, and yet to get my stamp.

Whoa. Are they still communicating/making any progress?

[150class]

I submitted March 2021, and yet to get my stamp.

If you are taking form 1 then you have a issue sir and have had a issue for the last 12 months….. what’s their reasoning for the 12 excessive month hold up?

[IkemanTX]

36 days in, so far…


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[hoythunter28]

If you are taking form 1 then you have a issue sir and have had a issue for the last 12 months….. what’s their reasoning for the 12 excessive month hold up?

So this is for my suppressor tax stamp. Bought the suppressor which was already at my gin guys shop. Did the tax stamp form and was told it could be a while considering all the stuff that was going on government wise. But I asked my buddy and still no update. I get 3,6,9 moths but over a year none has me wondering if something wasn’t done right.

[Agdog]

So this is for my suppressor tax stamp. Bought the suppressor which was already at my gin guys shop. Did the tax stamp form and was told it could be a while considering all the stuff that was going on government wise. But I asked my buddy and still no update. I get 3,6,9 moths but over a year none has me wondering if something wasn’t done right.

You’re waiting on a Form 4. Most of us are discussing Form 1 since we’re making our own suppressors. The Form 4 wait time is historically much longer than a Form 1.

[Clay C]

Dang. Some of these posts are depressing. I'm planning on a couple more SBRs soon. The norm for the past 2 years has been under a month.

[Agdog]

Got my denied form 1 email today. Yippee!

[Clay C]

Got my denied form 1 email today. Yippee!

Did they give a reason for the denial?

[Agdog]

Did they give a reason for the denial?

Dear eForm 1 Applicant,

As part of the application process, NFA Division must confirm that the making or possession of a firearm would not place the applicant in violation of law.

As more fully explained below, a Form 1 application to make and register a silencer cannot lawfully be approved if the maker will make the silencer with parts that are themselves classified as silencers under federal law and the parts were not transferred to the maker in compliance with the tax, transfer, and registration requirements of the NFA.

Pursuant to 18 U.S.C. 921(a)(24), 27 CFR 478.11, and 27 CFR 479.11, the terms “firearm silencer” and “firearm muffler” mean “any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.” Accordingly, a device or part that falls under the definition of “firearm silencer” and “firearm muffler” are each considered a “firearm” subject to the provisions of the Gun Control Act (GCA) and the National Firearms Act (NFA). See 18 U.S.C. 921(a)(3); 26 U.S.C. 5845(a)(7).

Transferring a silencer in compliance with the NFA requires the transferor pay a $200.00 transfer tax and receive an approved ATF Form 4, Application for Transfer and Registration of Firearm, before transferring the silencer to the transferee. See 26 U.S.C. §§ 5811; 5812. Similarly, making a silencer in compliance with the NFA requires the maker pay a $200.00 making tax and receive an approved ATF Form 1, Application to Make and Register a Firearm, before the maker may make the silencer identified on the Form 1. See 26 U.S.C. §§ 5821; 5822.

An approved Form 1, Application to Make and Register a Firearm, authorizes the maker to make the silencer identified on the Form 1 application. The maker must certify on the Form 1 application under penalties of perjury that the maker is the person who will make the silencer. An approved Form 1 does not authorize any person to manufacture the silencer on behalf of the Form 1 maker. An approved Form 1 does not authorize the transfer of a silencer to the Form 1 maker. Further, an approved Form 1 does not legitimize the prior transfer of a silencer that did not comply with the tax, transfer, and registration requirements of the NFA.

It is a violation of the NFA for a person to possess a firearm that is not registered to that person. See 26 U.S.C. 5861(d). Therefore, you have the following options for the device and/or part you intended to use to make the silencer identified on your disapproved Form 1 application:

Abandon each device and/or part to your local ATF Field Office. You may use the following link to locate your closest ATF Field Office: https://www.atf.gov/contact/local-atf-offices.
Destroy each device and/or part. The following link provides acceptable methods of destruction Silencer Destruction Diagram | Bureau of Alcohol, Tobacco, Firearms and Explosives (atf.gov). Further questions regarding appropriate destruction methods may be directed to: fire_tech@atf.gov.

ATF is actively working to issue a refund of the $200.00 making tax payment.

[kmitchl]

Agdog, It appears you got the same denial letter they sent to approx 850 applicants on 2/28. As best I can read the tea leaves the ATF has decided that any component purchased with the "intent" to make a silencer prior to receiving your Form 1 tax stamp violates the law. They now interpret components bought as part of a solvent trap kit fall in this category The expectation now is that any Form 1 silencers be made by the applicant from raw materials. So the correct response to this letter is I have not purchased any parts or components as this would be in violation of the law and here is a picture of my lathe I will use to build my silencer.

[Agdog]

Dear ATF,

I cannot provide photos as it is illegal to have parts with intent to build without a stamp. Please approve my stamp so I can then move forward.

P.S: I have no dogs so good luck.

Looks like I should have tried this response. Talk about getting baited. What a worthless agency.

[kmitchl]

Looks like I should have tried this response. Talk about getting baited. What a worthless agency.

That response and similar is getting approved at present. There are a couple of FB groups that are helpful. Form1basics and Form 1 builders support.