2/8/23, 10:31 AM Gmail - Request for comment

Request for comment

Longnecker, Erik <Erik.J.Longnecker@usdoj.gov> Wed, Mar 2, 2022 at 3:58 PM
To: Public Affairs Division <liaison2@atf.gov>

Hello John,
 
Pursuant to 18 U.S.C. 921(a)(24), 27 CFR 478.11, and 27 CFR 479.11, the terms “firearm silencer” and
“firearm muffler” mean “any device for silencing, muffling, or diminishing the report of a portable firearm,
including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating
a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.” A
device or part that falls under the federal definition of “firearm silencer” and “firearm muffler” are each
considered a “firearm” subject to the provisions of the Gun Control Act (GCA) and the National Firearms Act
(NFA).
 
In general, a Form 1 shall not be approved if the making or possession would place the person in violation of
the law. It is unlawful for a person to make a silencer from a device or part that falls under the federal
definition of silencer and was transferred to the applicant without complying with the tax, transfer, and
registration requirements of the NFA.
 
An approved Form 1 authorizes the maker to make the silencer identified on the Form 1 application, and
approval of the Form 1 application registers the silencer to the maker in the National Firearms Registration
and Transfer Record (NFRTR). The maker must certify on the Form 1 application under penalties of perjury
that the maker is the person who will make the silencer. An approved Form 1 does not authorize any person
to make or manufacture the silencer on behalf of the Form 1 maker. An approved Form 1 does not authorize
the transfer of a device or part that falls under the federal definition of silencer to the Form 1 maker. An
approved Form 1 does not legitimize a prior transfer of a device or part that falls under the federal definition
of silencer that did not comply with the tax, transfer, and registration requirements of the NFA.
 
We direct you to the June 2021 FFL Newsletter for more information about Silencer Markings and
Registration Requirements which includes this reminder:
If someone other than an FFL/SOT wants to acquire a silencer part, that part must be marked in
accordance with regulations and registered by filing a Form 2… A Form 4 must be filed if the part is
being acquired by an unlicensed person or FFL who is not qualified under the NFA.
 
Respectfully,
 
Erik Longnecker
Program Manager
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2/8/23, 10:31 AM Gmail - Request for comment
Bureau of Alcohol, Tobacco, Firearms and Explosives

Office of Public and Governmental Affairs

Public Affairs Division

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