Our rights to independence, self-governance, and a right of build has taken further encroachment by the federal government. Yesterday, the Firearms Regulatory Accountability Coalition (FRAC) released a photo of a Form 1 disapproval from the ATF on social media. According to FRAC’s intelligence there has been numerous reports that the ATF is denying all Form 1 applications for suppressors.
In the denial letter the ATF cites the Gun Control Act (GCA) and National Firearms Act as the bases for disapproving all current and potentially future Form 1 suppressor applications. The ATF mentions in the denial that any relevant parts that are designed, redesigned, and or intended to be used in the assembling of a suppressor are illegal to own under federal law.
Now, potentially anyone in ownership of a Form 1 kit or suppressor parts own a suppressor under this new interpretation by the ATF. Which instantaneously turns that person’s Form 1 Kit or parts into a NFA item making it illegal for you to possess under Federal Law.
Below, is the Reasons of Disapproval for the Form 1 suppressor applications.
Reasons of Disapproval
A silencer is defined under federal law to include in relevant part, 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. See Gun Control Act (GCA) at 18 U.S.C. 921 (A)(24) and National Firearms Act (NFA) at 26 U.S.C 5845.Parts that fall under the definition of silencer must comply with registration, tax, and transfer provisions under the NFA.
Upon review of your EFORM 1 Application, the part from which you intend to make a silencer already meets NFAS definition of a silencer. The part was not registered or transferred in compliance of the NFA, therefore your EFORM 1 application to make a silencer disapproved.
NFA division notes that it is unlawful for you to possess a silencer made or transferred in violation of NFA. 26 U.S.C. 5861 (B)(C).
ATF Vs Form 1 Suppressors
During his time in office, President Biden has directed the ATF to take an aggressive stance against Form 1 suppressors and 80% frames. One of the directives for the ATF from his Administration was to crackdown on the supposed proliferation of 80% frames and Form 1 suppressor kits. Over the past two years since that directive the ATF has aggressively pursued companies who make 80% frames and Form 1 suppressor kits. In that time the ATF has placed Polymer80 and Diversified Machine on that radar. In the case of Diversified Machine the ATF has completely dismantled the company and drove it out of business. Diversified Machine produced parts for Form 1 suppressor kits. Let’s briefly investigate the case of Diversified Machine.
Case: ATF Vs Diversified Machine
Back in late December 2020, Diversified Machine had their business raided by the ATF. During, that raid ATF agents seized all of the Diversified Machine’s inventory and records. Previously, the ATF had determined that buying Form 1 suppressor kits were legal and not in violation of the GCA or NFA. The previous determination by the ATF has been in place throughout previous administrations. This determination changed under the Biden Administration with his emphasis on cracking down on 80% frames and Form 1 kits.
Moving forward to March of 2021, the ATF received a warrant to seize the website of Diversified Machine. When going to the website link you would be shown a warning statement informing you that the site was seized by the ATF. While also warning customers of the company to surrender their Form 1 kits to the ATF or face potential federal prosecution.
Finally, in December of 2021, the ATF sent letters out to customers of Diversified Machine advising them to forfeit their Form 1 Kits to their local ATF branch. While also notifying them that further purchases of the these Form 1 Kits could lead to future prosecutions. This news wasn’t reported mainstream within the firearms community until New Year’s Day of 2022 by The Fiearm Blog and our website the following day.
At the end of the day the ATF with guidance of the Biden Administration was successfully able to raid, seize, and dismantle a legitimate business in Diversified Machine. Now, it seems that the ATF has decided to take it one step further with the outright denial of Form 1 suppressor applications.
These action by the ATF are an egregious abuse of power by the agency. This decision to unilaterally deny potential future Form 1 suppressor applications is fraught with peril and could set a dangerous precedence to further diminish our rights. These actions by ATF also has the added collateral damage to turn law-abiding citizens into potential felons overnight with these swift and sweeping policy changes.
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