ASA and Prince Law Take Notice of Form 1 Suppressor Denials

People across social media are talking about receiving denial letters on select Form 1 applications. (Photo: ASA)

According to multiple social media outlets, home gunsmiths looking to go through the legal process of building suppressors are being denied their applications by the ATF. Both the American Suppressor Association (ASA) and the law firm, Prince Law, are investigating these allegations.

“Numerous reports are emerging that the ATF is categorically denying Form 1 applications to make and register a suppressor,” said the ASA. “We’re working with our colleagues [the Firearms Regulatory Accountability Coalition] to gather the facts and address this head-on.”

“The Firearms Regulatory Accountability Coalition, Inc. (FRAC) was created by industry leaders and its stakeholders to improve business conditions for the firearms industry by ensuring that firearms regulatory agencies, including the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), operate in a fair, transparent, and consistent manner,” says FRAC.

Dillon Harris, speaking for Prince Law, said “I have continued to be in contact with ATF attempting to gain clarity on this issue.” A number of these denials appear to involve suppressor-making kits sold by Diversified Machine, which the ATF shut down this January.

“As it currently stands, ATF’s apparent position is that Form 1 silencers manufactured using ‘silencer parts’ from Diversified Machine are contraband and must be surrendered to a local field office,” explained Harris. “I have confirmed with some of our local field offices in Pennsylvania that this is ATF’s position as they are aware of it, and they are prepared to received these items.”

“If you would like to speak with an attorney regarding your specific circumstances or how you should proceed, contact us today,” Harris said.

SEE ALSO: Who Can Own a Suppressor (Or Hunt with One) in the United States?

“It is a violation of federal law to manufacture, receive, transport, and/or deliver a silencer not registered in the National Firearms Registration and Transfer Record (NFRTR) (26 USC §§ 5861(a),(d),(e),(f), and (j)),” said the ATF.

“The possession of a silencer (to include silencer parts and kits) sold by Diversified Machine is a violation of federal law,” the agency said. “Only special occupational taxpayer (SOT) manufacturers, importers and makers may lawfully register a silencer in the NFRTR, and they may only do so if it is registered prior to the importation, making or transferring of the item (26 USC § 5841).”

Any individuals who receive a denial letter from the ATF are encouraged to get legal counsel as soon as possible.

Stay tuned for updates.

About the author: Max Slowik is a writer with over a dozen years of experience and is a lifelong shooter. He has unwavering support for the Second Amendment and the human right to self-defense. Like Thomas Paine, he’s a journalist by profession and a propagandist by inclination.

{ 8 comments… add one }
  • LJ March 6, 2022, 11:12 am

    Now, correct me if I’m wrong, but don’t you have to have a class 7 FFL to manufacture silencers, full auto firearms, etc.? You can’t make your own silencer and then register it with the feds – unless you hold a class 7 license. Am I missing something here?

  • Rollin L March 4, 2022, 1:10 pm

    We need changes to the statute. The problem with just abolishing ATF is that some other alphabet agency, most likely FBI, will simply acquire their authority and follow the same practices. And you can bet many ATF agents will simply be transferred into FBI. This debate happened during the Reagan Administration, and even NRA backed off calling for dumping ATF once they realized FBI would take over. No, changing the law so that this authority does not exist is the only fix, outside of having a truly pro-Second Amendment President who will gut the personnel at ATF and rid the agency of its left wing, anti-gun bureaucrats.

  • tyrone edwards March 4, 2022, 11:10 am

    Yes it would seem they are in the hunt for any company who are making kits ,im going to point to the silencer manufactures as well for the changing of the rules to steer sales their way which are usually double in price if they lowered their prices they wouldn’t need the ATF s rewriting the rules, It would seem they are trying to eliminate the use of the solvent trap kits PERIOD😡

  • jason March 4, 2022, 8:26 am

    It has been since August of 2021 since my application to the atf for 2 silencers have been under review and I am a federal officer too. This cluster of pin-pointing conservatives is such a farce, a bunch of baloney, and down right pathetic.

  • Steve March 4, 2022, 8:22 am

    Why would anyone expect anything else, especially from the Biden Administration?

    A liberal/progressive workforce dominates our government bureaucracy from top-to-bottom. It has been this way for as long as I can remember. Most jobs are relatively easy once you’re in the bureaucratic groove, provide decent pay, have great benefits, and are secure. My point is that only the bureaucracy controls how government really works.

  • Mark A Yonko Sr March 4, 2022, 7:44 am

    The aft needs to be abolished! They are making up their own rules as they go along, moving the goal posts! It is bad enough that we are allowing cong grass to get away with passing these so called (lawz, rules, commonsense/regulations) which are nothing more than INFRINGEMENTS ON GOD GIVEN RIGHTS! How about Marbury vs Madison? It states that anything in the form of a law, or regulation that is against the Constitution is null and void! The nfa should be taken out completely along with the fraudulent blighteem/camelhairs/ccp/puppets regime!

    • Mike March 4, 2022, 9:14 pm

      Yes! De-fund and get rid of the cops! Oh, wait….That doesn’t sound right….

      I’d just note that the ‘God given rights’ part is in the Declaration of Independence. And while it is a wonderful document, it’s not Law, according to the Supreme Court. Other wise we’d have the right to rebel, and I believe the Civil War put an end to that line of legal reasoning.
      “when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government”.

      Marbury vs Madison did give the Supreme Court the power to strike down any law or statute that is against the Constitution. But the Supreme Court also recognizes that reasonable restrictions may be place on those Constitutional rights (as long as certain requirements are met).

  • Bemused Berserker March 4, 2022, 6:51 am

    The ATF needs to go. Congress needs to shut them down and defend it.

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