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.
“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.