USA – -(Ammoland.com)- Welcome back to The Legal Brief, the show where we CRUSH the various legal myths and misinformation surrounding various areas of the gun world. I’m your host Adam Kraut and today we are going to walk you through, step by step, and show you guys how to fill out a Form 1 to make your own NFA firearm.
A few preliminary things before we get started. There is a slight difference in the way a Form 1 is filled out depending upon whether you do it as an individual or using a legal entity, like a trust. If you use a legal entity, you’ll also need to download and have each responsible person complete the responsible person questionnaire. If you’re confused about what a responsible person is, go check out the video on ATF 41F here and be prepared for longer hair. Links to the forms are in the description, but you should check to make sure you are using the most up to date version of the form, as they do change from time to time. While you’re getting your things together here’s a word from a TGC partner.
ATF Form 1 Application to Make and Register a Firearm
Ok, now, let’s get started.
Pro Tip: You’ll want to fill out the form on the computer, if possible. This allows ATF to efficiently enter the information rather than having to decode your handwriting.
In box 1 you’ll place a check next to tax paid, as you’ll be paying the tax to make your NFA firearm. In box 2, you’ll place a check next to individual, if you are completing the form as yourself OR a check next to trust or legal entity if you’re going that route. Either way, you’re only checking one of those selections.
Box 3a can be ignored, as that likely won’t be applicable to you. Box 3b will contain your name and address, if you’re filling it out as an individual OR your legal entity’s name and address.
Pro Tip: The information in box 3b is the stuff that gets engraved on your firearm. That would be your name or the legal entity name, city and state.
Box 3c can be left blank, unless the mailing address is a PO box, in which case you must put the physical address of yourself or the entity in that box. 3d is the county where the physical address is located, 3e is your phone number and 3f is your email, if you wish to provide it. There’s no downside to doing so.
Ok, simple enough, right? Let’s keep going. At this point we are ready to move onto the firearm information. Box 4a is going to be the name and address of the manufacturer of the firearm. It is important that you copy this information directly off of the firearm.
Pro Tip: If the firearm is imported and guys there are a lot of guns that you may not think are imported that actually are, you’ll want to ensure that you have the manufacturer information and not the importer information.
Box 4b is the type of firearm you’ll be making. The most common in my experience has been a Short Barrel Rifle. Other examples could be a silencer, short barreled shotgun, AOW or destructive device. Box 4c is the caliber of the firearm you’ll be making.
Pro Tip: Multi is no longer accepted by ATF for caliber. You must select a single caliber to register the firearm as. For some NFA firearms, if changing the caliber is possible, for instance changing an upper on an AR-15 short barrel rifle, you can notify ATF with a letter stating that you’ve added an additional configuration and give the details.
Box 4d is the model of the firearm. Again, this comes directly off of the firearm.
Box 4e and 4f are the lengths of the barrel and the overall length. If you aren’t sure how to measure the barrel length or overall length, check out the video I did, by clicking here or down in the description. If you are building a silencer, this would just be the overall length of your silencer.
Box 4g is the serial number of the firearm. Again, this information comes directly from the firearm itself. Box 4h should be left blank. While the instructions for Box 4i allow you to use an additional sheet to explain why you want to make your own NFA firearm, most people just use “All Lawful Purposes.” You can get cute and use things like “to repel zombie hordes” etc., but I wouldn’t recommend it.
Boxes 4J-6 don’t apply to you. If they do, you probably don’t need to be watching this video anyway. However, you will need to answer box 4k, which will likely be “no”. You’d know if you were reactivating a firearm.
Box 7 is your signature, Box 8 is your name if completing the application as an individual or your name and title (for example trustee) if completing the application as a legal entity and Box 9 is the date.
Box 10 is the information of your chief law enforcement officer, where you’ll send the CLEO copy of the Form 1 to. I use my county sheriff.
Boxes 11, 12, 13 and 14 are not to be completed by a legal entity. Those using a legal entity will pick up with the Responsible Person Questionnaire. Just note, there are some questions on there that will require the same information that you’ve already completed on the Form 1, such as the name and address of the applicant, which is the legal entity, the firearm information, and the CLEO information.
Pro Tip: The CLEO for the Responsible Persons MAY be different than that of the CLEO for the legal entity if they reside in a different area.
For example, if the entity is located in one county, let’s say chester county and the responsible person in another, lets say lancaster county and you are sending the CLEO notification to the county sheriff, the CLEO will be different on the Form 1 and the RP Questionnaire since the entity and RP reside in different counties.
Complete Box 11-14 on the Form 1 if filling out the form as an individual otherwise complete page two on the Responsible Person
Questionnaire. These questions are very similar to those on the 4473 that you’re likely familiar with. You’ll also need to affix a passport photo to the form or questionnaire. After completing the questions you’ll sign and date. Remember, if you’re filling out the RP questionnaire, SKIP 11-14 on the Form 1.
If you’re an individual skip Box 15 and 16 on the Form 1. If you’re using a legal entity, put the number of responsible persons for your legal entity in Box 15 and list them by name in Box 16. You’ll need to ensure you have completed responsible person questionnaires for each RP listed when you submit the application.
Box 17 is where you select your method of payment.
Pro Tip: I always suggest check or money order. There have been numerous instances where the credit card information has been input incorrectly and resulted in a form being rejected.
A couple of other important things. The forms are labeled at the bottom as to which go where. Two copies of the Form 1 go to ATF and one to the CLEO. A copy of the RP Questionnaire goes to ATF and a copy goes to the CLEO. Don’t forget to affix the passport photo to the Form 1 or RP Questionnaire. Do not use staples to do it. You’ll also need to include two copies of your fingerprint cards in the ATF mailing.
If you’re using a legal entity, you’ll need to include a COPY of the documentation of it, for example a copy of the trust itself. Then mail the stuff to ATF at the address located at the top of the Form 1 and start your wait.
Alright, let’s recap. Once you’ve filled out your form you’ll need to mail ATF a few things. If you did it as an individual, you’ll send two copies of the Form 1 which have a passport photo affixed to the form, two fingerprint cards, and a check for $200 if you’re not using a credit card. You’ll need to send your CLEO a copy of the Form 1. Make sure you’ve signed the form in boxes 7, 14, and 17.
If you did it as a legal entity, you’ll send two copies of the Form 1, a copy of the RP Questionnaire for each RP with have a passport photo affixed to the form, two fingerprint cards for each RP and a check for $200 if you’re not using a credit card. A copy of the Form 1 goes to the CLEO where the legal entity is located and a copy of each RP questionnaire goes to the CLEO where the RP resides. Make sure you’ve signed the form in boxes 7 and 17 and on the RP questionnaire.
If you found this guide useful make sure to share it with your friends. Don’t forget to hit that like button and if you aren’t subscribed already, you better make that happen. Be sure to ring that bell so you don’t miss an episode. Check out my website adamkraut.com.
And as always thanks for watching!
Links for this episode:
- ATF Form 1: https://www.atf.gov/file/11281/download
- ATF Responsible Person Questionnaire : https://www.atf.gov/firearms/docs/form/national-firearms-act-nfa-responsible-person-questionnaire-532023/download
- Determining barrel length or overall length video: https://www.youtube.com/watch?v=PGn6l_s3VSc&t=8s
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