Form 1 suppressor build denial

[Kilroy]

Hello all, if you could give me your thoughts on this, I tried to register on a form 1 a plain titanium tube with the atf to make a suppressor. They are doing blanket denials and asked for detailed plans and parts of what you’re doing. I sent an email to them that in retrospect I’m sure they view as sarcastic and didn’t appreciate it when it was supposed to be honest truth. The email I sent said something to the effect of:

"I’ve had this metal tube since September 2017 with the intents of building a suppressor. I’ve not had the free time to tinker with such a project. I thought I’d have the free time soon so I registered tube with the intent of once it’s registered I could work on it at my leisure. I don’t have any plans or parts outside of the tube I attached photos of in the initial application. I was going to use a drill press, lathe and Bridgeport mill or a combination of those to make baffles. Unfortunately it seems I’ve been hit by more curve balls recently and it’s unlikely I’ll even start working on the project for another five years”

Then last night I got the disapproval and the attached follow up email this morning. They use a lot of scary words in there that make me feel like I’ve committed some sort of crime when all I’ve done thus far is buy a metal tube and submit an application to build a suppressor. I don’t want to end up on any sort of naughty list with the atf so I’m thinking it’s best to just go turn it in because again, I don’t want any trouble. I feel it’s just a bunch of garbage because here I am trying to the right thing by submitting a form 1 and paying the tax stamp but essentially being told I’m committing a felony. If I was trying to do that why would I submit an application? I think their end game is to go after the companies that were selling those essentially complete kits but that’s not where I’m at. Again, I’m leaning towards just dropping it off at a field office and hoping they give me some sort of receipt for turning it in. It’s a shame because it’s been a waste of $200 or $400 (the tube was about $120, the engraving another $80 and the ATF said they would try and work out how to refund my $200).

thoughts? Attached below is the quoted email from the atf:

 

Dear eForm 1 Applicant,

As part of the application process, NFA Division must confirm that the making or possession of a firearm would not place the applicant in violation of law.

As more fully explained below, a Form 1 application to make and register a silencer cannot lawfully be approved if the maker will make the silencer with parts that are themselves classified as silencers under federal law and the parts were not transferred to the maker in compliance with the tax, transfer, and registration requirements of the NFA.

Pursuant to 18 U.S.C. 921(a)(24), 27 CFR 478.11, and 27 CFR 479.11, the terms “firearm silencer” and “firearm muffler” mean “any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.” Accordingly, a device or part that falls under the definition of “firearm silencer” and “firearm muffler” are each considered a “firearm” subject to the provisions of the Gun Control Act (GCA) and the National Firearms Act (NFA). See 18 U.S.C. 921(a)(3); 26 U.S.C. 5845(a)(7).

Transferring a silencer in compliance with the NFA requires the transferor pay a $200.00 transfer tax and receive an approved ATF Form 4, Application for Transfer and Registration of Firearm, before transferring the silencer to the transferee. See 26 U.S.C. §§ 5811; 5812. Similarly, making a silencer in compliance with the NFA requires the maker pay a $200.00 making tax and receive an approved ATF Form 1, Application to Make and Register a Firearm, before the maker may make the silencer identified on the Form 1. See 26 U.S.C. §§ 5821; 5822.

An approved Form 1, Application to Make and Register a Firearm, authorizes the maker to make the silencer identified on the Form 1 application. The maker must certify on the Form 1 application under penalties of perjury that the maker is the person who will make the silencer. An approved Form 1 does not authorize any person to manufacture the silencer on behalf of the Form 1 maker. An approved Form 1 does not authorize the transfer of a silencer to the Form 1 maker. Further, an approved Form 1 does not legitimize the prior transfer of a silencer that did not comply with the tax, transfer, and registration requirements of the NFA.

It is a violation of the NFA for a person to possess a firearm that is not registered to that person. See 26 U.S.C. 5861(d). Therefore, you have the following options for the device and/or part you intended to use to make the silencer identified on your disapproved Form 1 application:

• Abandon each device and/or part to your local ATF Field Office. You may use the following link to locate your closest ATF Field Office: https://www.atf.gov/contact/local-atf-offices.
• Destroy each device and/or part. The following link provides acceptable methods of destruction Silencer Destruction Diagram | Bureau of Alcohol, Tobacco, Firearms and Explosives (atf.gov).

Further questions regarding appropriate destruction methods may be directed to: fire_tech@atf.gov.

 

 

 

[johnsonlmg41]

Well,

you fell into "the trap" so to speak. You can't acquire the parts before you have the approval. Your intent with the parts which weren't controlled until you decided to "intend" to build a suppressor with them. So called "constructive intent". Then in your reply you admitted to "constructive intent/possession of the parts". A vicious circle? Now because you did that abandonment or destruction are your only 2 options...unless you have a friend who is an aviation plumber that can use the tubing for other intended uses? Engraving it before hand was the final nail in coffin, sorry to say, and even the plumber might have a hard time explaining why he's holding that?

 

I think requiring a drawing up front has it's own issues, however with the drawing if something happens and they catch you with 2 pieces of tube, 30 washers and 1 stamp and you're drawing shows 1 tube with 10 washers that's going to be a potential issue that they are attempting to save you from yourself? Or your form says 8" long and the tube you bought is 17" long. The theory would be you get 10 washers, press one wrong, then you dispose of that one and go buy another so you are never in possession of more parts than what you are supposed to have?

 

You know there will be guys buying 30 tubes, and stacks of baffle and end cap material and filing one form 1. That's not going to go well on the off chance they get caught.

 

The guys selling the "traps" are selling just that, traps. They have no intent, nor discuss suppressors anywhere on their websites. They sell traps, people buy traps, and once they have the trap, then they file a form 1 with the intent of making those into a suppressor, thus they bought the parts, then filed the form, putting themselves in jeopardy by their own intent and following it up with the official paper trail of intent to do something you can only start to do once you have the approval. You don't start first then file the application.

 

That's how I see it. I also wish the hearing protection act would have passed and be done with this nonsense. HTH

[Kilroy]

Perhaps I misunderstood the eForm1. Since Im not an established manufacturer like Colt per se they said that they needed pictures to ensure that the information was correct on the form 1. So the way I read it I had to have it done before I submitted the form.

 

Also, this isnt an issue thats focused on me. It seems most form 1 suppressors that have been submitted since December have received the same notification.

[inertord]

Sounds like your written response to the application review questions was interpreted that you advised that you have possessed an unregistered suppressor tube since 2017, in violation of 26 U.S.C. 5861(d) and were now trying to register it.