To own a destructive device legally, you don’t get a permit in the traditional sense — you register the specific device with the Bureau of Alcohol, Tobacco, Firearms and Explosives under the National Firearms Act. That means filing an application, submitting fingerprints and a photo, notifying your local chief law enforcement officer, paying a $200 tax per device, and waiting for an approved tax stamp before you take possession or begin building. The destructive device permit that most people search for is really this NFA registration process, and it runs through one of two ATF forms depending on whether you’re making the device or buying one.
What the ATF Treats as a Destructive Device
Federal law puts destructive devices in two buckets. The first is explosive ordnance: bombs, grenades, rockets carrying more than four ounces of propellant, missiles with more than a quarter-ounce of explosive charge, mines, and similar items. The second is large-bore weapons — anything that fires a projectile through a barrel greater than half an inch in diameter.1Office of the Law Revision Counsel. 26 U.S.C. 5845 – Definitions Parts or kits meant to convert something into a destructive device count too.
The large-bore rule has an exception. Shotguns and shotgun shells the ATF finds “particularly suitable for sporting purposes” are excluded, along with certain rifles used solely for sporting, recreational, or cultural purposes, antiques, and devices the ATF determines are unlikely to be used as weapons.2ATF eRegulations. 27 CFR Part 478 – Commerce in Firearms and Ammunition That is why a 12-gauge shotgun with a bore well over half an inch isn’t treated as a destructive device, while a 40mm grenade launcher generally is.
Common registered examples include rocket launchers, mortars, cannons, and large-caliber military weapons. Certain 37mm or 38mm launchers can also cross into destructive-device territory when paired with anti-personnel rounds like rubber balls or wood pellets rather than standard flares. If you aren’t sure where your item lands, request a determination from the ATF’s Firearms Technology Branch before you file anything.
Check Your State Laws Before You File
A federal tax stamp does not override a state or local ban. Several states and the District of Columbia prohibit private ownership of destructive devices entirely, and others impose partial bans that block explosive ordnance while allowing large-bore firearms, or vice versa. Local ordinances can add another layer. Possessing a destructive device in a jurisdiction that outlaws it is a separate criminal offense regardless of your ATF paperwork, so confirm your state and locality allow the specific device you want before you spend money on the application.
Who Is Eligible
You must be at least 21 to acquire a destructive device from a licensed dealer, a U.S. resident, and legally eligible to possess firearms.3Office of the Law Revision Counsel. 18 U.S.C. 922 – Unlawful Acts The ATF runs a federal background check as part of the application.
Federal law prohibits several categories of people from possessing destructive devices:
- Anyone convicted of a crime punishable by more than one year in prison
- Anyone convicted of a misdemeanor crime of domestic violence
- Fugitives from justice
- Unlawful users of, or people addicted to, controlled substances
- Anyone adjudicated as mentally defective or committed to a mental institution
- Anyone discharged from the military under dishonorable conditions
- People who have renounced U.S. citizenship
These prohibitions come from both the firearms provisions in 18 U.S.C. § 922 and the explosives provisions in 18 U.S.C. § 842, which overlap heavily for destructive devices.4Office of the Law Revision Counsel. 18 U.S.C. 842 – Unlawful Acts If you fall into any of them, the application will be denied.
Pick the Right ATF Form
Which form you file depends on whether you’re building a destructive device or acquiring one that already exists. Both carry the same $200 tax.
Form 1 to Make a Device
If you plan to build or assemble a destructive device yourself, file ATF Form 5320.1, “Application to Make and Register a Firearm.” The form asks you to describe what you plan to make, including type, caliber, and whether it is firearm-type or explosive-type. Construction cannot begin until the ATF approves the application and returns the stamped form.5Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF Form 5320.1 – Application to Make and Register a Firearm
Form 4 to Buy an Existing Device
To acquire a destructive device that is already registered, file ATF Form 5320.4, “Application for Tax Paid Transfer and Registration of Firearm.” Transfers typically run through a licensed dealer holding a Special Occupational Tax (SOT) status, and the dealer usually initiates the Form 4 on your behalf. You cannot take possession until the approved stamp comes back.6Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF Form 5320.4 – Application for Tax Paid Transfer and Registration of Firearm Dealer transfer fees for handling the NFA paperwork typically run $25 to $200, separate from the price of the device and the federal tax.
What You Have to Submit With the Application
The supporting documents are the same for both forms.
Fingerprints and Photograph
Each individual applicant, or each responsible person on a trust or entity, submits two completed FBI fingerprint cards (Form FD-258) and a 2×2-inch passport-style photograph. The photo must show a full front view without a hat, taken within the year before the application. Have prints taken by a law enforcement agency or a trained professional; smudged cards are one of the most common reasons applications stall.7eCFR. 27 CFR 479.85 – Identification of Transferee
CLEO Notification
You send a copy of the completed application to the chief law enforcement officer in your jurisdiction. This is notification, not permission. The CLEO does not need to sign anything or take any action, though they may contact the ATF if they believe you are prohibited from possessing firearms. Individual applicants send a copy of their Form 1 or Form 4. Responsible persons on a trust send a copy of their Form 5320.23 instead.8Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF 41F Questions and Answers for Chief Law Enforcement Officers
Trust and Entity Paperwork
If you apply through a trust, LLC, or corporation instead of as an individual, every person with authority to direct the entity’s management or handle its firearms is a “responsible person.” Each one completes ATF Form 5320.23 (the Responsible Person Questionnaire), submits their own fingerprints and photo, and sends their own CLEO notification.9Bureau of Alcohol, Tobacco, Firearms and Explosives. National Firearms Act Responsible Person Questionnaire – ATF Form 5320.23 The main practical advantage of a trust is that multiple trustees can legally possess the registered device, whereas an individual registration limits possession to the registrant alone.
Filing and Paying the $200 Tax
You can file electronically through ATF’s eForms portal or mail paper forms. eForms is worth the small learning curve. Electronic applications process faster and the system catches errors before submission that would send a paper form back weeks later.10Bureau of Alcohol, Tobacco, Firearms and Explosives. eForms Applications
Every application requires a $200 tax, often called the tax stamp because the original process involved a physical revenue stamp affixed to the approved form.11Office of the Law Revision Counsel. 26 U.S.C. 5811 – Transfer Tax The tax is per device, not per application, so registering three devices costs $600 in tax. On eForms you pay electronically at submission. For paper, send a check or money order payable to the Bureau of Alcohol, Tobacco, Firearms and Explosives. The $200 applies whether you’re making (Form 1) or buying (Form 4).
Processing Times and Approval
Once received, the ATF checks the application for completeness and runs a background check through the FBI’s National Instant Criminal Background Check System.12Federal Bureau of Investigation. Firearms Checks (NICS) Missing information, unclear prints, or blank fields will stall things.
As of early 2026, average processing times for Form 4 applications finalized in February were:
- Individual, eForms: 10 days
- Individual, paper: 21 days
- Trust, eForms: 26 days
- Trust, paper: 24 days
These are averages. The ATF cautions that some applications take longer due to additional research or fluctuations in volume.13Bureau of Alcohol, Tobacco, Firearms and Explosives. Current Processing Times A background check snag can add weeks.
An approved application comes back as a stamped form, either electronically through eForms or on paper. That stamp is your proof of registration. If the ATF denies the application, you’ll get a letter with the reason. When a denial rests on the NICS background check, you can challenge the underlying check through the FBI’s Firearm Related Challenge process, using the NICS Transaction Number the ATF’s NFA Division includes in the denial letter.14Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF and FBI Formalize Appeals Process for Certain National Firearms Act Applicants That challenge addresses only the background check, not the NFA application itself.
After the Stamp: Possession, Transport, and Storage
Registration attaches to a specific device and a specific person or entity. You cannot lend the device, let someone else store it unsupervised, or transfer it to another person without a new Form 4 and another $200 tax. Keep proof of registration where you can produce it if an ATF agent or investigator asks to see it.15Bureau of Alcohol, Tobacco, Firearms and Explosives. NFA Handbook – Chapter 12 Recordkeeping For eForms approvals keep both a digital and a printed copy; for paper, secure the original and keep copies accessible.
Federal law also bars unlicensed individuals from moving destructive devices across state lines without prior written authorization from the Attorney General (delegated to the ATF).3Office of the Law Revision Counsel. 18 U.S.C. 922 – Unlawful Acts That covers permanent moves, trips to a range in another state, and any other crossing. To get authorization, file ATF Form 5320.20 (“Application to Transport Interstate or to Temporarily Export Certain NFA Firearms”) before you travel, and wait for the approved form to come back.16Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF Form 5320.20 – Application to Transport Interstate or Temporarily Export Certain NFA Firearms Moving the device without approval carries the same penalties as possessing an unregistered device.
If your device contains explosive material rather than just an oversized barrel, an entirely separate layer of federal regulation applies to storage. ATF’s explosives rules under 27 CFR Part 555 require an approved storage magazine with specific bullet-, fire-, weather-, and theft-resistant construction, and you must inspect it at least every seven days for signs of tampering.17eCFR. 27 CFR Part 555 – Commerce in Explosives If you plan to acquire explosive materials for lawful use but aren’t in the business of manufacturing or selling them, you’ll also need a Federal Explosives User Permit, which is a separate application from the NFA registration.18Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal Explosives Licenses and Permits Large-bore firearm-type devices without an explosive charge generally don’t trigger these storage rules, but the line between the two categories matters.
Penalties for Skipping the Process
Federal law lists a dozen prohibited acts tied to NFA firearms: possessing an unregistered device, receiving a device transferred without ATF approval, making one without authorization, obliterating a serial number, or making false statements on any application, among others.19Office of the Law Revision Counsel. 26 U.S.C. 5861 – Prohibited Acts Each carries a maximum penalty of 10 years in federal prison and a fine of up to $10,000.20Office of the Law Revision Counsel. 26 U.S.C. 5871 – Penalties A conviction is a federal felony that permanently strips your right to possess any firearm, not just NFA items. If you have any doubt whether something you own or want to build qualifies as a destructive device, get a written determination from the ATF’s Firearms Technology Branch before you take possession.