If you're looking for information on the ATF Form 1, then that means you're considering making an NFA firearm like a short barreled rifle (SBR), short barreled shotgun (SBS), or even maybe your own suppressor (silencer) and you want to make sure you're doing it the right way.
I'm here to help by breaking down everything you need to know about the Form 1. Why should you trust the information you get here? Simple, I'm a firearms attorney who has helped hundreds of clients, from the biggest firearms manufactures to the smallest home-based FFLs, and I've helped thousands of people get their FFL and fill out their own ATF Forms.
In this article, we'll cover everything you need to know about ATF Form 1, including what it is, when it is used, how to properly complete it, and current processing times.
2026 update: 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. $0 doesn't mean no paperwork: you still need an approved Form 1 before you make the NFA firearm. A federal court judgment in Silencer Shop v. ATF (August 2026) affects some NFA requirements for untaxed items, but only for the plaintiffs and their members and customers. ATF can appeal until October 5, 2026, and hasn't issued written guidance yet. If you're not sure it covers you, file the Form 1 and wait for approval.
There's also a better option that allows you to Make NFA Firearms whenever you want (without a wait for approval): have your own manufacturer's FFL.
Types of firearms you may be able to make with an ATF Form 1:
- Suppressor (silencer)
- Short Barreled Rifle (SBR)
- Short Barreled Shotgun (SBS)
- Any Other Weapons (AOWs)
What is an ATF Form 1?
ATF's “Form 1” is actually ATF Form 5320.1. Each of the ATF “Forms” are all technically a version of Form 5320 with a different number after the decimal point.
The number after the decimal point is where each form gets its nickname - "Form 1" is 5320.1, "Form 2" is 5320.2, and so on.
ATF Form 1 is an “Application to Make and Register a Firearm." It is used whenever a person without a Federal Firearms License (FFL) wants to make an “NFA Firearm” such as a silencer (suppressor), short barreled rifle (SBR), short barreled shotgun (SBS), or an Any Other Weapon (AOW).
You may have noticed that I left a type of NFA item off of that list – machine gun. That is because machine guns made after 1986 may only be made by Federal Firearm Licenses with a Type 7 FFL, who are also a Class 2 SOT. Want to get an FFL and become an SOT? Sign up for our Get Your FFL and/or our Become an SOT guides!
The ATF Form 1 is an application - this means that it is sent in to the ATF as a request for permission. The ATF Form 2, on the other hand, which is used by FFL manufacturers, is a notification form - it is not an application for permission and is sent in by the FFL after the NFA item has been made.
When to use a Form 1
Remember, because this form is submitted to the ATF by a non-FFL and it is an application for permission, it must be approved BEFORE the NFA firearm can be made.
If you used our guides and got your FFL and became an SOT, you can make the NFA firearm first and then simply submit a Form 2 afterwards which simply notifies the ATF that you made the NFA firearm - no "permission" is required for an FFL!
A non-FFL fills out the ATF Form 1, submits it along with fingerprints, a photo, and the tax (now $0 for most NFA firearms), and waits for approval.
Yes, that means that a non-FFL (an ordinary citizen) can legally (under federal law) make their own NFA firearm (silencer/suppressor, short barreled rifle, short barreled shotgun, or any other weapon) at their home!
NOTE: this is federal law only - certain states may prohibit this activity.
Right now it takes about one to two months for the ATF to approve a Form 1 (see the wait times below).
ATF Form 1 Exemption
If you'd like to avoid the forms and wait time for approval you should seriously consider getting an FFL.
A type 07 FFL, who is also an SOT, doesn't even need approval before legally making NFA Firearms.
Note, the FFL type is important!
A type 1 FFL can NOT Make NFA Firearms.
This can get confusing quick - that's what RocketFFL is for.
Form 1 Suppressor
A Form 1 Suppressor is a suppressor, or silencer, that someone makes at home after receiving an approved Form 1 back from the ATF.
A suppressor is one of the hardest NFA Firearms to make at home with a Form 1. This is because some level of machining is typically involved.
There are companies that sell kits, sometimes called "solvent traps," that are intended to allow people to make their own Form 1 suppressor. We strongly recommend you avoid these, no matter how tempting they seem. This is because the legality of these items is suspect.
Unlike other kits to make your own firearms like "80% receivers," suppressors are not like standard firearms. When it comes to standard firearms, the only part, by itself, that is a firearm is the frame or receiver. And, as long as the part that might become a frame or receiver has not yet crossed the "readily convertible" line, then it isn't a firearm.
However, with suppressors (or, as I refer to them, silencers), EVERY part of a silencer is a silencer. And, any part designed and intended to be a part of a silencer IS a silencer.
Therefore, these “solvent trap” parts, because they are designed and intended to be silencers, are arguably silencer parts and therefore suppressors or silencers. Using the same logic from "80% firearms” with suppressors is dangerous.
Obviously, be very careful if you don't have an FFL and you're looking to make your own NFA Firearms.
As a general rule with Form 1 suppressors, as well as any other Form 1 firearm, do NOT have the parts to make the firearm until you have an approved Form 1 from the ATF. Mere possession of all the parts, even though they may not yet be assembled, can be considered "constructive possession" by the ATF.
Steps to Form 1 a Suppressor:
- Fill out and submit your Form 1
- Receive approved Form 1 from ATF
- Acquire parts to make suppressor
- Make suppressor
Form 1 Short Barreled Rifle
If you'd like to make your own short barreled rifle (SBR) and you don't have an FFL, you can legally (under federal law) make one after you receive your approved Form 1 back from the ATF.
Under federal law, a standard rifle has a barrel length of at least 16" and an overall length of at least 26". If a rifle has a shorter overall length or barrel, it is considered a "short-barreled rifle" and it is an NFA Firearm.
If you'd like to make an SBR, do NOT have the short barrel in your possession prior to having an approved Form 1 for the SBR. Keeping the short barrel at a friend's house, or even at your local gun shop, is a good idea.
Once your Form 1 comes back from the ATF, you can assemble (or make) your short barreled rifle (SBR).
Form 1 Short Barreled Shotgun
To make a short barreled shotgun with a Form 1, the guidance is very similar to the info for a short barreled rifle above.