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a. National Firearms Act (NFA). Title 26, United States Code,
Chapter 53. The implementing regulations are found in Title 27,
Code of Federal Regulations, Part 479.
b. Gun Control Act (GCA). Title 18, United States Code, Chapter 44.
The implementing regulations are found in Title 27, Code of Federal
Regulations, Part 478.
c. Firearm. The term “firearm” means: (1) a shotgun having a barrel
or barrels of less than 18 inches in length; (2) a weapon made from a
shotgun if such weapon as modified has an overall length of less than
26 inches or a barrel or barrels of less than 18 inches in length; (3) a
rifle having a barrel or barrels of less than 16 inches in length; (4) a
weapon made from a rifle if such weapon as modified has an overall
length of less than 26 inches or a barrel or barrels of less than 16
inches in length; (5) any other weapon, as defined in 18 U.S.C. 5845
(e); (6) a machinegun; (7) a muffler or a silencer for any firearm
whether or not such firearm is included within this definition; and (8)
a destructive device.
d. Person. The term “person” means a partnership, company,
association, trust, estate, or corporation as well as a natural person.
e. Employer Identification Number (EIN). Required of taxpayer
filing special (occupational) tax returns under 27 CFR § 479.35.
f. Special (Occupational) Tax. Required by the NFA to be paid by a
Federal firearms licensee engaged in the business of manufacturing
(Class 2), importing (Class 1), or dealing (Class 3) in NFA firearms.
g. Federal Firearms License. A license issued under the provisions of
the GCA to manufacture, import or deal in firearms.
h. ATF Officer. An officer or employee of the Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF) authorized to perform any
function relating to the administration of the NFA.
i. Make. The term “make”, and the various derivatives of such word,
shall include manufacturing (other than by one qualified to engagein
such business under the NFA) , putting together, altering, any
combination of these, or otherwise producing a fiream.
j. Misdemeanor Crime of Domestic Violence. A crime that is a
misdemeanor under Federal or State law and has, as an element, the
use or attempted use of physical force, or the threatened use of a
deadly weapon, committed by a current or former spouse, parent, or
guardian of the victim, by a person with whom the victim shares a
child in common, by a person who is cohabiting with or has cohabited
with the victim as a spouse, parent, or guardian. The term includes all
misdemeanors that involve the use or attempted use of physical force
(e.g., simple assault, assault andbattery), if the offense is committed
by one of the defined parties. The person is NOT considered to have
been convicted of such crime unless the person was represented by a
lawyer or gave up the right to a lawyer, and, if the person was entitled
to a jury trial, was tried by a jury or gave up the right to a jury trial.
k. Reactivation. The restoration of a registered unserviceable NFA
firearm to a functional condition. This action incurs the making tax
l. Unserviceable Firearm. One which is incapable of discharging a
shot by means of an explosive and incapable of being readily restored
to firing condition. An acceptable method of rendering most firearms
unserviceable is to fusion weld the chamber closed and fusion weld the
barrel solidly to the frame.
Preparation of Application and Payment of Tax.
a. Authority. As provided by 26 U.S.C. § 5822, any person (otherthan
a qualified manufacturer of firearms (see paragraph b)) seeking to
make a firearm must complete, in duplicate, a separate application
on this form for each firearm. The applicant maker must furnish all the
information called for on this application form.
b. Registration by Qualified Manufacturer. A person who has a
Federal firearms license to manufacture firearms (Type 07 or 10) and
who has paid special (occupational) tax to manufacture NFA firearms is
exempt from the making tax and filing of the ATF Form 1 application.
Such qualified manufacturer must report and register each NFA firearm
manufactured by filing ATF Form 2, Notice of Firearms Manufactured
or Imported, as required by 27 CFR § 479.102.
c. Payment of /Exemption from Payment of Tax. As provided in 26
U.S.C. § 5821, there is a $200.00 tax on each firearm made, except as
provided in 26 U.S.C. §§ 5852 and 5853, when an NFA firearm may
be made without payment of the tax when made by, or on behalf of the
United States or any State or political subdivision thereof.
Documentation that the firearm is being made for a government entity,
such as a United States government contract or a State or local
government agency purchase order, must accompany the application.
The reactivation of a registered unserviceable firearm is subject to the
d. Photographs and Fingerprints. An individual maker (including any
Federally licensed collector but not any other type of Federal firearms
licensee) must (1) attach to each copy in item 12 of the ATF Form 1, a 2
inch x 2 inch photograph of his/her frontal view taken 479.63 says one year
prior to the date of the application and (2) submit two properly completed
FBI Forms FD-258 (Fingerprint Card with blue lines) with the
application. The fingerprints must be clear for accurate classification and
taken by someone properly equippedto take them.
e. Signatures. All signatures required on ATF Form 1 must be original
in ink on both copies.
f. Law Enforcement Certification. The chief law enforcement officer is
considered to be the Chief of Police for the maker’s city or town of residence,
the Sheriff for the maker’s county of residence; the Head of the State Police for
the maker’s State of residence; a State or local district attorney or prosecutor
having jurisdiction in the maker’s area of residence; or another person whose
certifcation is acceptable to the Director, Bureau of Alcohol, Tobacco and
Firearms and Explosives. If someone has specific delegated authority to sign
on behalf of the Chief of Police, Sheriff, etc., this fact must be noted by
printing the Chief’s, Sheriff’s, or other authorized official’s name and title,
followed by the word “by” and the full signature and title of the delegated
person. Item 13 must be completed for an individual maker. The certification
must be dated no more than one year prior to the date of receipt of the
g. Remittance. If the application is subject to the making tax, a check
or money order, made payable to the Bureau of Alcohol, Tobacco,
Firearms and Explosives, in the amount of $200.00 must be
submitted with the ATF Form 1. Do not send cash.
h. Photocopies or Computer Generated Versions. The ATF Form 1 may be
photocopied or a computer-generated version (as long as itis in the same
format and contains all required information) may be used. This form may
also be downloaded from the ATF Internet website at www.atf.gov . After
downloading this form, photocopy it so that the front and back are on the
same sheet of paper. The NFA Branch will not accept the application if the
front and back are on separate sheets of paper.
i. Serial Numbers and other Markings. If an existing firearm is being
modified into an NFA firearm, enter the existing serial number of the
firearm into item 4g and the name and address of the original
manufacturer into item 4a. Do not Alter or Modify the Existing
Serial Number . If the NFA firearm is being made from parts, your
name and address are to be entered into 4a and a serial number you
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