There are three common ATF forms used in transferring or making NFA items. We’ve prepared guides for each one, but this is a quick overview that will help you understand which form is what at a glance.
Table of Contents
ATF Form 1
The ATF Form 1 is for making and registering an NFA item. These are usually used by private citizens who wish to make their own NFA items. They are increasingly popular thanks to modular firearm designs like the AR-15. With access to inexpensive computer controlled machining tools and various types of parts kits, a person can make a short barrel rifle or even silencer in fairly short order.
Hobby machinists love the ATF Form 1 as they are comfortable with cutting down barrels or machining and drilling silencer baffles. They can enjoy their hobby to the fullest by making their own NFA items.
The fact that ATF Form 1’s, when electronically filed as a trust, move through the approval process in just a few short weeks makes the entire application more appealing. There is presently no faster way to get an NFA item. However, the Form 1 does have some tradeoffs. It is one thing to simply put an AR-15 pistol upper on a registered lower and make an SBR, but few homemade silencers are as effective as commercial ones, and many of the kits and parts are of questionable legality.
For many people, an ATF Form 1 is a faster way to the SBR, SBS, silencer or destructive device they want now, and can assemble in the comfort of their own home or garage.
ATF Form 3
The ATF Form 3 is a pretty boring form to most people. It is for tax free transfers of NFA items from one FFL to another or from an FFL to a government agency. It is used to move NFA items between dealers or government agencies, and is often part of buying an NFA item.
When having an NFA item shipped to you, the ATF Form 3 can add to the wait time, but when filed electronically it takes less than a week. Paper form 3’s are taking about six months!
The ATF Form 3 must be approved before an NFA item can be shipped to another FFL, so if the shipping FFL isn’t on the ball, their buyer can be unfairly delayed. If you are an FFL holder dealing in NFA items, electronically file your Form 3’s as quickly as you can!
ATF Form 4
The ATF Form 4 is where your wallet has to suffer the cost of a $200 tax stamp (or only $5 when transferring an Any Other Weapon) for that silencer, SBS or SBR. Your dealer will have you fill this out and you’ll need to provide fingerprints, your name and address, and information about your gun trust or corporation if you aren’t registering as an individual.
Most people choose to put their NFA items in the name of a trust to simplify estate planning and allow close family and friends access to their NFA items.
Every owner of a NFA item that wasn’t made on a Form 1 will be using a Form 4 at some point in the purchase or transfer process.
Choosing the Right ATF Form
It’s pretty simple to choose the right ATF form. Form 1’s are for making NFA items, Form 3’s are for FFL to FFL or government agency NFA transfers and Form 4’s are for transferring NFA items to private citizens in their name, or the name of their trust or corporation.
Pretty simple isn’t it?
