Explore The NRA Universe Of Websites

APPEARS IN News

ATF Mass Denial of Suppressor Form 1 Applications

Monday, March 7, 2022

ATF Mass Denial of Suppressor Form 1 Applications

On February 28, the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) denied approximately 850 Form 1 applications for prospective makers of suppressors. These denials were apparently made due to a change in ATF policy regarding certain devices that ATF claims are in reality suppressor “parts kits.”

ATF’s Form 1 application (technically ATF Form 5320.1) is the Application to Make and Register a Firearm. This is the application form that applicants who are not licensed to manufacture National Firearms Act (“NFA”) regulated firearms must use to legally create an NFA firearm.

Under federal law, firearm suppressors, called firearm silencers or firearm mufflers in federal statute, are treated legally the same as other firearms and subject to the registration and taxation requirements of the NFA.

The recent change in policy stems from ATF’s interpretation of the definition of “firearm silencer or firearm muffler” which is “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.”

In this case, ATF is specifically concerned with a “combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler . . . .” According to ATF, companies who are selling products that can be used for the assembly or fabrication of a silencer must treat those products as if they are already silencer. The company would need to be a licensed manufacturer, pay a special tax, and the product would need to be transferred on ATF’s Form 4 application, rather than being registered via a Form 1 by the person who intends to use the parts in assembling a functional silencer.

Beyond the equitable issues of denying applicants who in good faith attempted to comply with ATF’s long-time application of federal law, this new interpretation has serious logical problems. If ATF now considers any parts that are intended to be assembled into a silencer as if they are already legally a silencer, then completing a Form 1 for a silencer is now impossible. When an applicant completes a Form 1, they are evidencing an intent to assemble or fabricate a silencer. Any part used in that process would seemingly already be a silencer under ATF’s new twisted reading of the definition.

To apply this new interpretation of the statute, ATF is now asking applicants for more information regarding the parts they intend to use to make a silencer. Applicants should keep in mind that ATF’s new logic means that any parts intended for “assembling or fabricating” a silencer are already legally a silencer in ATF’s view.

NRA is working with pro-gun members of Congress to push back on ATF’s newest overreach. But, with anti-gun leadership in both houses of Congress, reigning in ATF will be difficult. Fortunately, gun owners will have an opportuning this November to elect pro-gun majorities in both houses, which will give Congress the opportunity to better address executive branch overreach.  

IN THIS ARTICLE
ATF Silencer/Suppressor
TRENDING NOW
Ruger Next Target in Threat-Based Gun Control

News  

Monday, November 17, 2025

Ruger Next Target in Threat-Based Gun Control

The inch was seemingly given, so it is not surprising to see pursuit of the mile.

Giffords Targets Veterans’ Constitutional Rights on Veterans Day

News  

Monday, November 17, 2025

Giffords Targets Veterans’ Constitutional Rights on Veterans Day

While decent Americans spent Veterans Day honoring the sacrifice of those who served the country and took an oath to “support and defend the Constitution of the United States,” the gun control radicals at Giffords ...

Pennsylvania: Firearm Registration Bill Passes Committee and is Headed to the House Floor!

Thursday, November 13, 2025

Pennsylvania: Firearm Registration Bill Passes Committee and is Headed to the House Floor!

On Wednesday, November 12th, the House Judiciary Committee passed HB 1891 on a 14 to 12 party-line vote. The bill now advances to the House floor where it will soon be eligible for a vote. ...

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

Argentina Continues to Move Towards Freedom

News  

Monday, November 17, 2025

Argentina Continues to Move Towards Freedom

Here in America, we are blessed with the Second Amendment.  Anti-gun extremists have long tried to eliminate it with the proverbial death by a thousand cuts, chipping away at it with countless laws designed to impose ...

North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

NRA Files Legal Challenge to New Jersey’s “One-Gun-A-Month” Law

Friday, November 14, 2025

NRA Files Legal Challenge to New Jersey’s “One-Gun-A-Month” Law

Yesterday, the National Rifle Association joined the Firearms Policy Coalition and two NRA members in filing a legal challenge to New Jersey’s “one-gun-a-month” law.

NRA Files Amicus Brief Urging Second Circuit to Strike Down Vermont’s Waiting Period Law

Friday, November 14, 2025

NRA Files Amicus Brief Urging Second Circuit to Strike Down Vermont’s Waiting Period Law

Yesterday, the National Rifle Association joined the Second Amendment Foundation, California Rifle & Pistol Association, Second Amendment Law Center, and Minnesota Gun Owners Caucus in filing an amicus brief urging the Second Circuit to hold ...

The Latest Lurch in Canada’s Gun Grab: Test Run Nets “Less than 30” Guns

Tuesday, November 11, 2025

The Latest Lurch in Canada’s Gun Grab: Test Run Nets “Less than 30” Guns

In a tacit acknowledgement of just how unworkable its gun ban and confiscation program is, Canada’s Liberal government quietly extended the gun amnesty for an additional year, just before it was due to expire on October 30 ...

President Trump Signs Appropriations Package that Includes Protections for Veterans’ Second Amendment Rights into Law

News  

Wednesday, November 12, 2025

President Trump Signs Appropriations Package that Includes Protections for Veterans’ Second Amendment Rights into Law

Today, President Donald Trump signed into law a legislative proposal to reopen the federal government. Included in the legislation is a provision that prohibits the Department of Veterans Affairs (VA) from stripping the constitutional right ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.