ATF Attempts Revamp of NFA Form 1

One of the more commonly used forms for items under the National Firearms Act might get a revamp if federal regulators have their way.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives published a proposal to the Federal Registrar that outlines changes to what is frequently referred to as the Form 1.

The six-page proposal filed on October 30 offers several changes to Form 1, including the removal of the requirement that applicants notify their Chief Law Enforcement Officer, or CLEO.

Other changes to the proposal include:

• Changing the photo box to accept a photo of an ID (i.e., a driver’s license) versus a 2x2 passport photo
• Combining race/ethnicity items
• Accepting a variety of digital signature types
• Lifting the $200 tax stamp fee for everything except machine guns or destructive devices

ATF Form 5320.1 -- "Application to Make and Register a Firearm” – is the form used when applicants want to make their own item that qualifies as an NFA item. For instance, short-barreled rifles, short-barreled shotguns, and suppressors are filed under the Form 1, as well as FFL SOTs who want to make a machine gun or any of the above-mentioned items.

The ATF’s Firearms Commerce in the United States Statistical Update indicates that the Bureau received over 284,000 Form 1 applications in 2023.

The Form 1 revamp proposal is currently published in the Federal Registrar, where it will remain open for public comments for 30 days. After the comment period closes, the ATF will determine whether to proceed with the proposal based on the received comments.

Questions remain as to whether the Form 4, the application used to transfer NFA items, such as suppressors, will undergo a similar revision. The U.S. government announced earlier this year that the $200 tax stamp fee for suppressor transfers will no longer be required after January 1, 2026, thanks to the passing of the so-called “One Big, Beautiful Bill.”

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Additional Resources

• ATF’s Firearms Commerce in the United States Statistical Update
• Agency Information Collection Activities; Proposed eCollection eComments Requested; Title: Application To Make and Register NFA Firearm, ATF Form 5320.1 (“Form 1”)
• ATF Form 4 – Application for Tax Paid Transfer and Registration of Firearm
• ATF Form 5320.1 Application to Make and Register a Firearm
• Gun Owners Say Goodbye to $200 Tax on Suppressors, SBRs
• ATF Forms Explained: A Guide to Common Form Types