What is the ATF Form 1 for?

ATF's Form 1 is the application for individuals and other non-FFLs (like trusts and companies) to legally make their own NFA firearms.

When is a Form 1 filed with the ATF?

A Form 1 is filed before the NFA firearm is made, and under the NFA it must be approved before you start making it. Since October 9, 2026, ATF says individuals no longer need an approved Form 1 to make a silencer, SBR, SBS, or AOW, but you can still file one to register the item, and destructive devices still need an approved Form 1. If you'd like to make NFA firearms without prior approval, you should get an FFL and become an SOT.

How much is the Form 1 tax stamp?

Since January 1, 2026, the Form 1 making tax is $0 for silencers, short barreled rifles, short barreled shotguns, and AOWs. It's still $200 for destructive devices.

Do I still need a Form 1 to make a silencer or SBR?

Not under ATF's current enforcement policy. On October 9, 2026, ATF announced it will no longer require individuals to file a Form 1 and get approval before making a silencer, SBR, SBS, or AOW. You can still file a Form 1 if you want the item registered. This is an enforcement policy, not a change to the law, and ATF has said it could change. State and local laws still apply.

How long is the approval process for a Form 1 from the ATF?

ATF's August 2026 averages were 21 days for an eForm 1 and 79 days for a paper Form 1. Wait times change, so check ATF's current processing times for the latest.

How do I eFile a Form 1?

You can eFile a Form 1 through ATF's eForms system at eforms.atf.gov. Register for an eForms account first, then start the Form 1 application.

Where do I mail an ATF Form 1 (paper application)?

Mail a paper Form 1 to: National Firearms Act Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, P.O. Box 5015, Portland, OR 97208-5015.

ATF Form 1 Guide: How to File, Wait Times & 2026 Changes

NFA update (October 2026)

In an Oct 12 court filing, DOJ confirmed ATF will no longer enforce the challenged NFA provisions against anyone, but argued the injunction protects only the plaintiffs and specified persons; everyone else relies on enforcement discretion ATF could reverse. See ATF's NFA transfer guidance update.

If you're looking into the ATF Form 1, you're probably thinking about making your own NFA firearm, like a short-barreled rifle (SBR), short-barreled shotgun (SBS), or suppressor (silencer), and you want to do it the right way.

Want the big picture? Start with our NFA guide.

And if you looked into it a year ago, a lot has changed. Here's the short version for 2026:

2026 Form 1 update

The making tax is $0 for silencers, SBRs, SBSs, and Any Other Weapons (AOWs), effective January 1, 2026. It's still $200 for destructive devices (see my NFA tax stamp guide).

Form 1 is now optional for some items, federally. Under an October 9, 2026 enforcement policy, ATF says individuals no longer need to file a Form 1 and get approval before making a silencer, SBR, SBS, or AOW. That's a policy that could be rescinded or changed, not a change to the law, and your state's law still applies. Details below.

There's a new Form 1. ATF revised the form in January 2026. The old CLEO copy is gone from the form, but the federal regulation still requires you to send your chief law enforcement officer a copy. I walk through the new form item by item below.

Destructive devices haven't changed. They still need an approved Form 1 and the $200 tax.

I'm a firearms attorney, but I'm not your attorney, so this isn't legal advice. It's what you need to know to understand the Form 1 and get through the process. I've helped hundreds of clients, from the biggest firearms manufacturers to the smallest home-based FFLs, and I've helped thousands of people get their FFL and fill out their own ATF forms.

There's also a better option if you want to make NFA firearms whenever you want, with no wait for approval: get your own manufacturer's FFL.

Jump to section

What is an ATF Form 1?

First page of an earlier version of ATF Form 1 (Form 5320.1), Application to Make and Register a Firearm

ATF's “Form 1” is ATF Form 5320.1, the Application to Make and Register NFA Firearm. ATF's forms are all versions of Form 5320, and the number after the decimal point is where each one gets its nickname: “Form 1” is 5320.1, “Form 4” is 5320.4, and so on.

A Form 1 is used when a person without the right FFL and SOT wants to make an “NFA firearm.” Types of firearms you may be able to make on a Form 1:

ATF Form 1 – Everything You Need to Know [2026]

What is an ATF Form 1?