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Status inquiries and Questions. The NFA Branch telephone number is

Approval of Application. Upon approval of an application, the NFA Branch

(304) 616-4500. Any inquiry relating to the status of an application to

will affix the NFA tax stamp (if any) to the application, cancel it, and return

make an NFA fiream or about procedures in general should be directed to the

the approved copy to the maker. The approval of the application effectuates

NFA Branch. Please be aware that the information relating to the registration

registration of the firearm to the maker; however, the firearm must not be

of firearms is defined as “return” or “return information” by 26 U.S.C. §

made until the application has been approved.

6103 and disclosure is generally prohibited to anyone other than the

registrant. Information relating to the NFA and other firearms laws is also

Withdrawal of Application. The application may be withdrawn prior to

available at the ATF Internet website

approval by submission of a written request from the maker. The NFA

Branch will arrange for a refund of any tax paid.

Penalties. Any person who violates or fails to comply with any of the

requirements of the NFA shall, upon conviction, be fined not more than

Cancellation of Approved Application. An approved application may be

$10,000 or be imprisoned for not more than 10 years, or both. Any firearm

cancelled only if the firearms had not been made or modified. The maker

involved in a violation of the NFA shall be subject to seizure and forfeiture.

must return the approved application with a written request for cancellation,

It is unlawful for any person to make or cause the making of a false entry on

citing the need and that the making of the firearm did not take place. The

any application or record required by the NFA knowing such entry to be

NFA Branch will arrange for a refund of any tax paid.

false.

Disapproval of Application. If the application is disapproved, the NFA

10. Compliance with the Gun Control Act. Persons must also comply with all

Branch will note the reason for disapproval on the application and return one

relevant portions of the GCA.

copy to the maker. The NFA Branch will arrange for a refund of any taxpaid.

Reasons for Disapproval. 26 U.S.C. § 5822 provides that applications

shall be denied if the making or possession of the firearm would place the

maker in violation of law.

a. Violation of Law. Applications shall be denied if the making or

possession of the firearm would place the person making the firearm in

violation of law.

b. Machineguns.

(1)

18 U.S.C. § 922(o) provides that machineguns may be made only for

government use or export. An application will be denied unless the

making meets these criteria.

c. Persons Prohibited from Making a Firearm. The application will be

disapproved if the maker is a person prohibited from possessing a firearm

by 18 U.S.C. § 922(g), which provides that is shall be unlawful for any

person-

(1)

who has been convicted in any court of a crime punishable by

imprisonment for a term exceeding one year;

(2)

who is a fugitive from justice;

(3)

who is an unlawful user of or addicted to any controlled substance;

(4)

who has been adjudicated as a mental defective or who has been

committed to a mental institution;

(5)

who, being an alien, is illegally or unlawfully in the United States or,

except as provided in 18 U.S.C. § 922(y)(2), has been admitted to the

United States under a nonimmigrant visa (as that term is defined in 8

U.S.C. §1101(a)(26);

(6)

who has been discharged from the Armed Forces under dishonorable

conditions;

(7)

who, having been a citizen of the United States, has renounced his

citizenship;

(8)

who is subject to a court order that-

(A) was issued after a hearing of which such person received actual

notice; and at which such person had an opportunity to

participate;

(B) restrains such person from harassing, stalking, or threatening an

intimate partner of such person or child of such intimate partner

or person, or engaging in other conduct that would place an

intimate partner in reasonable fear of bodily injury to the partner

or child; and

threat to the physical safety of such intimate partner or child; or

(II) by its terms explicitly prohibits the use, attempted use, or

threatened use of physical force against such intimate partner or

child that would reasonably be expected to cause bodily injury,

(9)

who has been convicted in any court of a misdemeanor crime of

domestic violence, to ship or transport in interstate or foreign

commerce, or possess in or affecting commerce, any firearm or

ammunition; or to receive any firearm or ammunition which has been

shipped or transported in interstate or foreign commerce.

ATF Form 1 (5320.1)

Revised June 2014

Atf Form 1 (5320.1) - Application To Make And Register A Firearm - U.s. Department Of Justice Page 9

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