A former ATF official reached out to me recently with a strong warning: The ATF is asking for information that could very easily be used against anyone who tries to make a homemade silencer lawfully. If you answer certain questions on a digital Form 1, you may regret it.
In other words, your own honesty could lead to you own imprisonment.
The former ATF official said on the electronic ATF Form 1, which you need to complete to make a homemade silencer, there is an electronic documentation box, which states: “Please submit the following descriptive information: Pictures of the parts that you will use to make the silencer (the pictures should be clear and allow the identification of the parts photographed). Failure to upload additional documentation could lead to the Form 1 being Disapproved.”
This, the former ATF official said, is a classic example of the ATF’s NFA Division, “not having a clue about what the law says, which they’re supposed to enforce.”
The federal definition of a silencer at 18 USC 921(a)(24) not only includes completed silencers, but also includes “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.”
Therefore, any photos of silencer parts that someone submits to ATF can be legally seen as pictures of silencers—for which the applicant does not yet have authorization to possess.
The first time the former ATF official heard about this was a few years ago.
“It started with the solvent trap,” the former ATF official said. “People decided to purchase a solvent trap and then do a Form 1. Once ATF learned about that, they denied the registration, because the applicant’s intent was to make a silencer, but they were actually in possession of an unregistered silencer—exactly as the definition says.”
A lightbulb went on within ATF’s NFA Division, the former ATF official said, and they started asking questions of everyone who wants to make a silencer.
I asked the former ATF official what lawful applicant should put on the form. He recommended this: “I don’t have any silencer parts because that would be a felony.”
“This can only work two ways,” the former ATF official said. “Either they’re playing entrapment and they want gun owners to send them ‘evidence,’ of their own crimes, or they’re complete numbskulls at the NFA Division and they don’t realize what they’re doing.”
ATF Director Robert Cekada said the real issue is solvent traps that are made cheaply overseas, but he was quick to point out that no one will be charged for complying with a Form 1 as long as he is running the ATF.
“No will be arrested for photos. We’re trying not to register solvent traps,” he said Monday evening. “They are coming into this country illegally. We want to dissuade people from registering solvent traps, which are built overseas as suppressors without the hole, except for the part that says ‘drill here.’”
Cekada said ATF is in the process of modernizing all of its paperwork, including the Form 1.
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Given that Cekada apparently cannot be bothered to take any action against the trash ATF personnel involved with the Adamiak and Malinowski travesties, why should we trust his assurances here?
He clearly doesn’t believe in basic principles of justice or truth. If he did, none of the people involved with either of those cases would have a federal job, and would instead be facing prosecution.
Cekada is a walking advertisement for why ATF must be dismantled. Even its “reformers” are enablers for government crooks like these.
“No will be arrested for photos. …”
But if a democrat tyranny comes around again they are gonna dust off those submissions and find out how many people submitted pics then charge them with a felony for possession of the parts before they had approval ’cause, they will say, “its the law”. Remember, this is an NFA item thus the form submissions along with the pics will be kept.
This is not new, I was warning about this over at TTAG three years ago.
““No will be arrested for photos. We’re trying not to register solvent traps,” he said Monday evening. “They are coming into this country illegally. We want to dissuade people from registering solvent traps, which are built overseas as suppressors without the hole, except for the part that says ‘drill here.’””
I’ve seen these Chinese ads, and they come with pictures of the tube and baffle stack.
What’s the downside of simply filing out the Form 1 and including the digital pictures from the Chinese ad? You’re not in possession of the parts, the Chinese seller is…
If you can explain that to them, then fine. But by doing the form pic you are saying this is what ‘you have and will use’ and that’s the trap – its how the ATF interprets it, as you saying this is what ‘you have and will use’ . So if caught in the trap be prepared to prove you did not actually posses them but that’s its a pic from the Chinese ad. Its best, if you feel compelled to provide a pic, to just put in a pic with wording that says “I do not yet possess the parts needed because it would be a felony to have them before my submission is approved.”
Or…. or…you could just not do a pic. A pic of the parts is not actually required for suppressors. There is an ‘Additional Description (Suppressors only)’ area. This is a text field where you describe how you’ll build the suppressor. Include: materials you’ll use, construction method, and tools. For example, “Silencer will be 3d printed with serial number embedded model at required depth and size ” (or what ever method and materials and tools, make sure to add the “with serial number embedded model at required depth and size” part) and then add “I do not currently possess any parts or materials. I will purchase after Form 1 approval.”
Being compelled to incriminate yourself.
Ignore the Form, your homemade silencer is illegal.
Fill in the Form. It must:
– include exact and complete description.
– be truthful.
Lie on the Form results in new criminal charges against you.
Fail to include required description, your Form application is disapproved.
Therefore, to possess a lawful homemade silencer, you must submit information which may (haha, ‘may’ oh sure [rolls eyes]. Its shall, baby) be used to incriminate you.
Therefore, you are compelled to self-incriminate.
That is unconstitutional.