Form 1 rejection letter

bluumoon

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For the curious, here is the ATF rejection letter.

Additional Guidance​

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

98XJRC

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Mar 30, 2022
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I have two tax stamps. An SBR'd form 1 that I built from a stripped lower and a Form 4 suppressor. When building a suppressor yourself I'm curious as to what they are deeming is the pre registered part that would require a Form 4.
 
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bluumoon

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May 4, 2020
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Seems that they are deeming anything beyond aluminum stock a prohibited item. I would be curious if they are approving any form 1s at this point.
 

BjornF16

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What is it that they are saying you have that they consider a silencer already?
 

260madman

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Basically anything but the end caps and tube is a silencer I’m assuming. Even the end caps might be considered a silencer.

The AFT has decided to makeup and change rules as they go to make things more difficult. Trump got the ball rolling with bump stocks and now poopy pants is going full steam ahead. He let the interim director go and is trying to get another radical anti-gunner up for nomination after Chipman was run off.

Ive already passed a 4473 about 48 times but here I am in line on 2 suppressors because they’re extra deadly/scary. Clown World.
 

BjornF16

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Basically anything but the end caps and tube is a silencer I’m assuming. Even the end caps might be considered a silencer.
Did you tell them you had components on the Form 1?

I ask because I did a Form 1 years ago and the only info I provided was overall length and proposed serial number.
 
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bluumoon

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They now require you provide pictures of what you are using to make the form 1. I submitted in good faith before the news started coming out that everything was getting rejected. I summited pictures of a solvent trap that was clearly only usable as a solvent trap, all dead ends. If any one wants to try going forward I would suggest sending a picture of aluminum stock and a drawing of your idea.
 

260madman

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No F1 for me. I’m waiting on SS and the dealer to send verification. I won’t use the dealer again, he was an ass. I’ve been in the shop 2x in the past 9 years and both times were the same experience.
 
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bluumoon

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Joined
May 4, 2020
Messages
260
I have two tax stamps. An SBR'd form 1 that I built from a stripped lower and a Form 4 suppressor. When building a suppressor yourself I'm curious as to what they are deeming is the pre registered part that would require a Form 4.
At this point it seems like if you sent a picture of a piece of aluminum tubing they could consider that in violation. Matter of fact ,since they are encouraging it maybe I'll mail them some aluminum tubing as they suggest.
 

5MilesBack

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Reading and interpreting that, it appears that they expect Walmart to submit a Form 4 every time they sell an oil filter or flashlight.
 

Lawnboi

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North Central Wi
No F1 for me. I’m waiting on SS and the dealer to send verification. I won’t use the dealer again, he was an ass. I’ve been in the shop 2x in the past 9 years and both times were the same experience.
What dealer? Zingers and flingers in wausau has been good to me through silencershop for future stuff
 

260madman

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What dealer? Zingers and flingers in wausau has been good to me through silencershop for future stuff
I’ll out them once the process is done. I don’t need him playing games with processing. I have 5 dealers within a 30 minute drive for the next ones I buy. I believe I’m 3 hours south of you.
 
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