ATF Form 1 (5320.1)
What it is…
ATF’s “Form 1” is actually ATF Form 5320.1. Each of the ATF “Forms” are all technically 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 non-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 Firearm off of that list – machine guns. 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.
When to use it…
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 the you made the NFA firearm – no “permission” is required as an FFL! A non-FFL fills out the ATF Form 1, submits it along with a check for either $200 or $5 (depending on the firearm that is going to be made), and waits for approval.You can legally make your own silencers, short barreled rifles, etc. at home with an ATF Form 1 Click To Tweet
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.
How to fill it out…
- Chose the tax status of your application. If you are making this firearm for yourself, select “a. Tax Paid.”
- Select who/what is making the application. Are you planning to make the NFA firearm as an individual or as a representative of a trust or company/corporation? If as an individual, skip questions 15 and 16. If as a trust or company/corporation, skip questions 11, 12, 13, and 14.
- You need an actual address where the ATF can come and visit and see the NFA firearm if they choose to. If you use a P.O. Box in 3b., then you’ll need to add your physical address in 3c.
- Enter the description of what the firearm will be after you receive approval and after you make it. Be very careful getting some of these measurements. For example, if you put a short barreled upper receiver of an AR-15-style firearm onto the lower to take some measurements, you just unlawfully manufactured a short barreled rifle because the ATF Form 1 has not been approved yet! Also, just having the parts available to easily assemble is a problem – the ATF will see this as “constructive possession” and it is just as bad as having the firearm actually assembled. You should store the NFA-specific parts with your local FFL until the ATF Form 1 is approved so that you don’t have all of the parts at your house. Or, use our Get Your FFL and/or our Become an SOT guides and then you don’t have to deal with this hassle!
- Most likely, if you are using an ATF Form 1, you don’t have an FFL so you should put “N/A” here.
- Most likely, if you are using an ATF Form 1, you aren’t an SOT so you should put “N/A” here.
- Print your name (and title if filing out for a trust or a company/corporation).
- You must notify your local law enforcement office – approval from them is not required. Enter the agency, officer’s name, and address here.
- For individuals only: Answer the questions and attach details for any “yes” answers on a separate sheet which should be attached and submitted to the ATF along with your Form 1 application.
- For individuals only: Attach a recent passport photograph (take the time to make this look professional).
- For individuals only: Answer the questions.
- For individuals only: Include your applicable number or enter “N/A” if it doesn’t apply.
- For entities only: List the number of “Responsible Persons”
- For entities only: List each “Responsible Person” An ATF Form 5320.23 Responsible Person Questionnaire must be completed by each Responsible Person and submitted along with the Form 1 application.
- Enter your method of payment. If you use a check, you can see when it was cashed to help track your Form 1 progress and you don’t need to use the second copy of the form in the document to hide your credit card information from the law enforcement agency.
Submit the following to: National Firearms Act Branch, Bureau of Alcohol, Tobacco, Firearms and Explosives, P.O. Box 530298, Atlanta, GA 30353-0298
- Completed ATF Form 1
- Passport photo
- Fingerprint cards on FBI Form FD-258
- ATF Form 5320.23 (if applicable)
- Extra info for “yes” answers to Section 11 (if applicable)
- Check for $200 for all NFA firearms except AOWs, they are only $5 (unless paying by credit card)
Don’t forget to send a copy of your ATF Form 1 to your local law enforcement agency
The wait times for the ATF Form 1 vary depending on ATF’s backlog but they generally take at least a few months. The good news is that they are almost always faster than an ATF Form 4. This means that it is faster to make your own SBR on a Form 1 than it is to buy an SBR on a Form 4.It's faster to make your own SBR at home with an ATF Form 1 than it is to buy an SBR on an ATF Form 4! Click To Tweet
For up-to-date wait times for various ATF paperwork, check out NFA Tracker
Remember, you can avoid all this hassle if you Get Your FFL and/or our Become an SOT! With a Type 7 FFL and by being a Class 2 SOT, you can make an NFA firearm whenever you want (even machine guns) and just notify the ATF later!
I hope this helps you understand more about the ATF Form 1 – if you have any questions, don’t hesitate to reach out and ask!