How to File an ATF eForm 1: Documents, Processing, and Engraving

To file an ATF eForm 1, you register on the ATF’s eForms portal, complete the electronic Application to Make and Register a Firearm (Form 5320.1) with your firearm’s specifications and your local law enforcement contact, pay the making tax (now $0 for most National Firearms Act items as of January 1, 2026), mail two fingerprint cards for each responsible person within 10 days of submission, notify your chief law enforcement officer, and wait for written approval before you build or modify anything.¹

When You Need an eForm 1

File an eForm 1 any time you are creating a new NFA firearm or converting a standard firearm into one covered by the NFA. That includes cutting a rifle barrel below 16 inches, cutting a shotgun barrel below 18 inches, building a silencer, or assembling a short-barreled rifle from a pistol or bare receiver.² If instead you are buying a completed NFA item from a dealer, that is a Form 4 transfer, not a Form 1.

One boundary worth stating outright: federal law bars civilians from possessing any machine gun manufactured after May 19, 1986, and the ATF will not approve a Form 1 for a private individual to make a new machine gun.³

The $0 Making Tax

Legislation signed on July 4, 2025, reduced the making tax to $0 for silencers, short-barreled rifles, short-barreled shotguns, and any-other-weapons (AOWs) effective January 1, 2026. The $200 tax now applies only to machine guns and destructive devices.⁴ You still walk through the payment step at checkout; for most items no charge is collected, and for destructive devices the $200 is paid through Pay.gov.⁵

Before You File

The ATF will disapprove any application where the applicant or any responsible person is prohibited from possessing firearms under federal law. Disqualifying factors listed in the form instructions include felony convictions, misdemeanor domestic violence convictions, active restraining orders, dishonorable military discharge, and unlawful drug use, among others.⁵

Confirm your state allows the item. Federal approval does not override state prohibitions, and several states ban silencers, short-barreled rifles, or short-barreled shotguns outright. If your state bans the item, the ATF will deny the application.

Individual, Trust, or Legal Entity

You can file three ways, and the choice affects who can legally handle the finished item.

As an individual: only your fingerprints, photo, and background check are required, but only you can legally possess the item. No one else can transport or use it unless you are physically present.
Through a gun trust: multiple trustees can possess and transport the item without the registered owner present, and you can name beneficiaries who receive the item without probate. Every responsible person named in the trust must submit fingerprints, a photo, and undergo a background check.
Through an LLC or corporation: functions similarly to a trust for possession, but you must keep the entity in good standing with the state. All responsible persons still need fingerprints and background checks.

Documents to Gather

Missing a single document is one of the most common reasons applications get returned. Have everything ready before you log in.

For every applicant or responsible person:

A passport-style digital photograph in JPG or JPEG format, no larger than 3 MB, sized to 720×720 pixels.
Two completed FBI FD-258 fingerprint cards. Local police departments, some UPS stores, and private fingerprinting services take these; professional fingerprinting typically runs $30 to $50.
Firearm specifications: intended caliber, overall length, barrel length in inches, a model name you choose, and a unique serial number that does not duplicate a serial number on another firearm you have made.
Name and address of the chief law enforcement officer in your jurisdiction, typically your local sheriff or chief of police.

For trust or entity filings, add:

One completed ATF Form 5320.23 (Responsible Person Questionnaire) for each responsible person. A responsible person is anyone with the authority to direct the management or policies of the trust or entity regarding firearms.⁶
A PDF of the trust agreement or articles of organization.

Registering and Filling Out the Form

If you do not already have an ATF eForms account, register at the eForms portal. Fill in the required fields, pick a security question, create a password, and set a 4-digit PIN. That PIN serves as your digital signature when you certify and submit, so store it where you can retrieve it.⁷ A confirmation email delivers your User ID.

Once you are in, select Form 1 and choose your applicant type. If you are making a new item rather than reactivating an old one, enter your own name and address in the manufacturer fields. Enter the exact specifications: caliber, model name, barrel length, and overall length. If the caliber or model you need is not in the drop-down menus, type it in manually.

Enter the CLEO’s name and mailing address. The ATF does not approve or deny based on the CLEO’s response, but you are required to send the CLEO a copy of the completed form yourself after submission. For trust or entity filings, send copies of each Form 5320.23 as well.

Before submitting, review everything. The most frequent errors that cause returns include mismatched names between the trust document and the form, a blank original-manufacturer field, an empty CLEO notification section, and the wrong number of responsible person questionnaires. When you are satisfied, enter your 4-digit PIN to sign and certify.

After You Submit

The system routes you to payment. For silencers, SBRs, SBSs, and AOWs filed in 2026 or later, no charge is collected. For destructive devices, pay the $200 through Pay.gov. The application is not considered submitted until the payment step is finalized.

Once payment processes, eForms emails you a copy of the submitted application and a cover letter containing your submission control number and the mailing address for fingerprint cards. Print the cover letter and mail it with two completed FBI FD-258 fingerprint cards for each responsible person. The mailing must be postmarked within 10 days of the electronic submission date. Missing that deadline results in disapproval.⁸

Separately, send a copy of the completed Form 1 to the CLEO you named in the application. For trust or entity filings, include a copy of each responsible person’s Form 5320.23. The ATF does not handle this notification for you.

Processing Time and Error Letters

As of February 2026, the ATF reports an average processing time of 36 days for eForm 1 applications.⁹ That figure fluctuates with volume, and the $0 tax is expected to push submissions higher.

If the ATF finds errors, you will receive an error letter and have 30 days to respond with corrections. Failing to respond in time results in disapproval. You can check status by logging into your eForms account at any time.

After Approval: Engraving and Building

When the application is approved, you receive an email with the approved eForm 1 attached. That document is your proof of registration. Do not begin any manufacturing or modification work until you have the approved form in hand. Making an NFA firearm without prior approval is a federal felony carrying up to 10 years in prison, a fine of up to $10,000, and forfeiture of the firearm.

The finished firearm must be permanently marked with identifying information before or during manufacture. Federal regulation requires the following on the frame or receiver:¹⁰

The unique serial number from your approved Form 1, engraved in a print size no smaller than 1/16 inch.
Your name (or recognized abbreviation) and the city and state where you made the firearm.
The caliber or gauge, on the frame, receiver, or barrel.
The model designation, if you assigned one on the application.

All markings must be engraved, cast, or stamped to a minimum depth of 0.003 inches and placed conspicuously in a manner that is not easily removed or altered.¹⁰ Most people use a local gunsmith or engraving service, with costs typically $25 to $125. Keep the approved Form 1 indefinitely as permanent proof of registration.

Traveling Across State Lines

Registration does not automatically let you carry an NFA item into another state. For short-barreled rifles, short-barreled shotguns, machine guns, and destructive devices, you must file ATF Form 5320.20 and receive written approval before transporting across state lines.¹¹ The form specifies dates and destinations, and the approved copy must accompany the firearm during transport. If you ship via commercial carrier, a copy must be with the shipment.

Silencers and AOWs are not on the list of items requiring Form 5320.20 for interstate travel. You still need to confirm the destination state allows possession; carrying a silencer into a state that bans them is a state-level criminal offense regardless of your federal registration.

Penalties for Skipping the Process

Any NFA violation, including making a firearm without an approved Form 1, possessing an unregistered NFA item, or failing to comply with registration requirements, carries a maximum penalty of 10 years in federal prison and a fine of up to $10,000. The firearm is subject to seizure and forfeiture. Lack of knowledge that a filing was required is not a defense.

1
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Application to Make and Register a Firearm – ATF Form 1 (5320.1)
2
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Chapter 2 – What Are Firearms Under the NFA
3
Office of the Law Revision Counsel. 18 USC 922
4
Office of the Law Revision Counsel. 26 USC 5821 – Making Tax
5
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Application to Make and Register NFA Firearm – ATF Form 5320.1
6
Bureau of Alcohol, Tobacco, Firearms and Explosives. National Firearms Act (NFA) Responsible Person Questionnaire – ATF Form 5320.23
7
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Instructions for eForms Users
8
Bureau of Alcohol, Tobacco, Firearms and Explosives. eForm 1 Fingerprint Submission Guidance
9
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Current Processing Times
10
eCFR. 27 CFR 479.102 – Identification of Firearms
11
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Application to Transport Interstate or to Temporarily Export Certain NFA Firearms