How to Submit ATF Form 1: eForms, Mail, and CLEO Notice

To submit ATF Form 1, send a completed copy to your local chief law enforcement officer, then file the application with the ATF either electronically through the eForms portal or by mailing paper copies to the NFA Division. You’ll include a passport-style photograph, two FBI FD-258 fingerprint cards for every responsible person, trust documents if you’re filing through an entity, and payment of the $200 making tax if it applies. Most people building a short-barreled rifle, short-barreled shotgun, or silencer owe $0 in tax and get faster processing by filing through eForms.

Confirm What You’re Making and What It Costs

Form 1 (officially ATF Form 5320.1) is the application you file to legally manufacture a firearm regulated under the National Firearms Act. That covers short-barreled rifles (barrels under 16 inches), short-barreled shotguns (barrels under 18 inches), silencers, destructive devices, and “any other weapons” like pen guns or smooth-bore pistols.¹ If you’re buying a finished NFA item from a dealer instead of building one, that’s Form 4, a different process.

Machine guns are off the table. Federal law prohibits any private person from possessing or transferring a machine gun unless it was lawfully possessed before May 19, 1986.² Only federally licensed manufacturers with special occupational tax status can build one.

The making tax comes in two tiers:³

$200 for machine guns and destructive devices.
$0 for every other NFA firearm, including short-barreled rifles, short-barreled shotguns, silencers, and “any other weapons.”

Since civilians can’t lawfully make new machine guns, the $200 tax on a Form 1 realistically applies only to destructive devices.⁴

One boundary worth checking before you spend any time on the application: your state must also allow the item. Roughly eight states and the District of Columbia ban civilian possession of silencers outright, and several states restrict short-barreled rifles or shotguns. ATF approval doesn’t override state law.

Decide: Individual or Trust

You can file as an individual or through a legal entity such as a gun trust or LLC. Individual filings are simpler because only one person’s information appears on the form, but only you can legally possess the finished item.

A trust lets multiple people possess and use the firearm. The tradeoff is paperwork. Every person with authority over the trust counts as a “responsible person” who must undergo a separate background check.⁵ That includes settlors, trustees, and any beneficiary with authority to receive, possess, or transfer firearms on behalf of the trust. Each responsible person completes their own ATF Form 5320.23 (Responsible Person Questionnaire), submits a photograph, and provides two fingerprint cards.

Trust filings must include a complete copy of the trust document itself.⁶ The ATF uses it to verify who holds legal authority over the entity.

Gather the Information and Documents

The form asks for detailed technical data about the firearm: type (short-barreled rifle, silencer, etc.), caliber or gauge, model name, and the original manufacturer of the receiver if you didn’t make it yourself.⁶

Barrel length and overall length are where mistakes happen most. The ATF measures barrel length from the closed bolt or breech face to the furthest end of the barrel or any permanently attached muzzle device. “Permanently attached” means welded, high-temperature silver soldered at 1,100°F or above, or blind pinned with the pin welded over. A flash hider you can unscrew doesn’t count. Overall length is measured with any folding or collapsing stock fully extended.

If you’re building from a raw receiver or frame with no existing serial number, you’ll create a unique serial number and list it on the form. That number gets engraved on the finished firearm later.

Photographs and Fingerprints

Every applicant and responsible person submits a recent passport-style photograph: front-facing, plain background, no hats or sunglasses, taken within the past year.

You also need two FBI FD-258 fingerprint cards per person.⁷ Local police departments, sheriff’s offices, and private fingerprinting services all offer this, typically for $65 to $125.

If you file through eForms, you can upload electronic fingerprint files instead of mailing physical cards. The files must be in EFT format, conform to FBI specification 8.1.0, and cannot exceed 12MB per file.⁷ Not every vendor offers EFT files, so confirm before your appointment if you want to skip the mail step.

Send the CLEO Notification First

Before you submit the application to the ATF, federal regulations require you to send a completed copy of Form 1 to the chief law enforcement officer in your area.⁶ The CLEO is typically your local police chief, county sheriff, head of state police, or local district attorney. If you’re filing through a trust, each responsible person also sends a copy of their completed Form 5320.23.

The CLEO doesn’t need to sign, approve, or respond. Notification alone satisfies the requirement. Keep proof of delivery. Certified mail with a tracking number is the safest approach in case the ATF asks.

Submit Through eForms

The eForms portal is the faster path. Create an account, select Form 1 from the dashboard, and work through the tabs entering your personal information, entity details if applicable, and the firearm’s technical specifications. Upload your passport-style photograph, and if you’re filing through a trust, upload the trust documents as PDFs or JPEGs.

You’ll certify accuracy under penalty of perjury with a digital signature. If the $200 tax applies, the system routes you to Pay.gov. For $0 tax items, you skip the payment step. The portal generates a confirmation receipt with a tracking number.

Shortly after submission, you’ll get an email with two PDFs: a copy of the submitted application (including the CLEO copy) and a cover letter with a barcode for mailing fingerprint cards.⁷ If you uploaded EFT fingerprint files, the cover letter shows “REC’D” next to each responsible person’s name and no mailing is required.

If you didn’t upload digital fingerprints, mail two physical FD-258 cards per responsible person along with the barcoded cover letter within 10 days of submission. Missing that deadline can get your application disapproved.⁷ Use tracked shipping.

Submit by Mail

For a paper submission, print and mail two completed copies of Form 1 to the NFA Division at the address listed on the form.⁴ Include the two FD-258 fingerprint cards, your photograph, and any trust documentation in the same package. Your CLEO copy should already have been sent separately.

If the $200 tax applies, the form instructions direct you to pay by credit or debit card. Fill out Item 19 with your card details. Visa, Mastercard, American Express, Discover, and Diners Club are accepted. The instructions specifically say not to send cash, and checks or money orders are not listed as accepted payment methods on the current form.⁴ All signatures must be original ink. Photocopied or digitally reproduced signatures will get the application kicked back.

After You Submit

As of January 2026, the ATF reports average processing times of 14 days for eForm 1 applications and 38 days for paper submissions.⁸ These fluctuate with application volume.

Electronic filers can track status in the eForms portal. You may see “Pending Research” during initial review, then “Submitted/In Process” while the background check runs. When approved, the portal reflects the change and your approved Form 1 serves as the tax stamp.

Do not begin manufacturing the firearm until you have written approval from the ATF. Building before approval is a federal felony.

If You Made a Mistake on the Application

Once an eForm 1 is submitted, neither you nor the ATF can modify it. A wrong barrel length, misspelled name, or incorrect serial number means the application must be disapproved. You then file a brand-new application with corrected information and pay any applicable tax again.⁹ For $0 tax items that’s just a time penalty. For destructive devices carrying the $200 tax, it means fronting the money twice while waiting on a refund.

If you need to withdraw a submitted eForm 1 that’s still in process, send a written request to the NFA Branch at the address on the form or email nfa@atf.gov.⁹

Engrave the Firearm After Approval

Approval doesn’t end the compliance work. Before or at the time you complete the build, you must permanently mark the frame or receiver with:¹⁰

The unique serial number from your approved Form 1.
Your name, or the trust or entity name, exactly as it appears on the application.
The city and state where you made the firearm.
The caliber or gauge, on the frame, receiver, barrel, or slide.
The model designation, if one exists.

Markings must be engraved, cast, or stamped to a minimum depth of .003 inches, with the serial number in print no smaller than 1/16 inch, using only Roman letters and Arabic numerals.¹¹ Professional laser engraving typically runs around $60 to $65. Make sure the engraver places the markings on the receiver or frame itself, not a replaceable part like a handguard.

1
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). NFA Handbook – Appendix A
2
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
3
Office of the Law Revision Counsel. 26 USC 5821 – Making Tax
4
Bureau of Alcohol, Tobacco, Firearms and Explosives. Application to Make and Register NFA Firearm – ATF Form 5320.1
5
Bureau of Alcohol, Tobacco, Firearms and Explosives. Background Checks for Responsible Persons (Final Rule 41F)
6
eCFR. 27 CFR 479.62 – Application to Make
7
Bureau of Alcohol, Tobacco, Firearms and Explosives. Final Rule 2021R-08F – NFA Form One Submission External Guidance
8
Bureau of Alcohol, Tobacco, Firearms and Explosives. Current Processing Times
9
Bureau of Alcohol, Tobacco, Firearms and Explosives. Make Sure Your Submissions Are Correct – Disapproval of NFA eForms
10
ATF eRegulations. 27 CFR 479.102 – Identification of Firearms
11
ATF eRegulations. 27 CFR 478.92 – Identification of Firearms and Armor Piercing Ammunition