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
Is This What Help Looks Like in Chicago?

News  

Monday, June 5, 2023

Is This What Help Looks Like in Chicago?

Chicago, desperate to do something to try to diminish the violent crime that is ravaging the city, has turned to programs that are not your traditional law enforcement approach to try to help stem the ...

Study: Restrictive Gun Control Laws “Unlikely” to Solve Problem of Youth Gun Violence

News  

Monday, June 5, 2023

Study: Restrictive Gun Control Laws “Unlikely” to Solve Problem of Youth Gun Violence

A first of its kind study published in late May in the American Medical Association’s JAMA Network Open concluded that community-level “social vulnerability” factors like poverty, unemployment, crowded housing, and minority status were much more likely than ...

Connecticut:  Gun Control Bill Passes the House and Moves to the Senate

Saturday, May 27, 2023

Connecticut: Gun Control Bill Passes the House and Moves to the Senate

On Thursday, the House passed HB 6667 on a vote of 96-51.  This drastic gun control legislation has a bit of everything.  It contains a ban on open carry and strengthens prohibitions and registration of semi-auto "assault ...

Updates to ATF Final Rule on Stabilizing Braces

News  

Monday, January 30, 2023

Updates to ATF Final Rule on Stabilizing Braces

On Monday, January 30, the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) published the final Factoring Criteria for Firearms with Attached “Stabilizing Braces” rule for public inspection in the federal register.

Maine: House to Vote on Anti-Shooting Range Bill

Wednesday, May 31, 2023

Maine: House to Vote on Anti-Shooting Range Bill

Tomorrow, the Maine House is scheduled to vote on Legislative Document 1000, which would establish a firearm range safety group within the Department of Inland Fisheries & Wildlife. This legislation is the first step in ...

Undercover Video: Sen. Fetterman (D-Pa.) staffer claims boss would be “okay with like overturning the Second Amendment”

News  

Tuesday, May 30, 2023

Undercover Video: Sen. Fetterman (D-Pa.) staffer claims boss would be “okay with like overturning the Second Amendment”

It seems as though Sen. John Fetterman (D-Pa.) may like to overturn more than just the U.S. Senate’s standards of professional attire. According to an undercover video of Fetterman senate staffer Luke Borwegen, obtained by O’Keefe Media Group, ...

U.S. House Judiciary Committee Advances Pistol Brace Resolution

News  

Monday, April 24, 2023

U.S. House Judiciary Committee Advances Pistol Brace Resolution

On April 19, the U.S. House of Representatives Judiciary Committee voted 23-15 to advance H.J.Res.44, which would reign in the Bureau of Alcohol, Tobacco, Firearms and Explosives’ attempt to regulate pistol stabilizing braces. The resolution employs ...

New York:  Approaching End of Session Is A Dangerous Time For Gun Owners

Wednesday, May 31, 2023

New York: Approaching End of Session Is A Dangerous Time For Gun Owners

We are in the ninth inning in Albany, and the anti-gun politicians are always looking to steal a base.  You can count the number of scheduled 2023 legislative session days on one hand, which means ...

Texas Legislature Ends Regular Session After Passing a Trio of Pro-Second Amendment Bills & Rejecting Gun Control Measures

Wednesday, May 31, 2023

Texas Legislature Ends Regular Session After Passing a Trio of Pro-Second Amendment Bills & Rejecting Gun Control Measures

The Texas Legislature adjourned from the 2023 Regular Session on Memorial Day and was immediately called back into special session on property tax relief and human smuggling issues.

Connecticut:  Gun Control Legislation Nearing House Vote

Thursday, May 25, 2023

Connecticut: Gun Control Legislation Nearing House Vote

Gun banners in Hartford have been busy all session cooking up a concoction of more gun control.  In a state where there is already a large buffet of gun laws, it’s time for Connecticut gun ...

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.