This Is What We Voted For: ATF Removes CLEO Notification Requirement From NFA Forms

Part of the process of making a National Firearms Act item like a suppressor — either as an individual or a trust — includes filling out an ATF Form 1 an d notifying your local chief law enforcement officer or CLEO. It’s a ludicrous holdover from the early part of the twentieth century that has zero practical value for anyone involved in the process. The good news is it’s about to go away.

Yesterday ATF published a laundry list of proposed changes to NFA form in the Federal Register and among them is removal of the CLEO notification mandate.

The Department is also making the following changes to ATF Form 5320.1 (“Form 1”) due to statutory changes to the transfer tax that was previously required to accompany documents submitted pursuant to this IC:

• modifying item 1a, which will read: “Tax Paid. Submit tax payment of $200 for each machinegun or destructive device. The making tax may be paid by credit or debit card, check, money order, or through Pay.gov. (See instructions 2.c. and 3)”

• modifying item 1b, which will read: “Tax Paid. Tax payment of $0 for other types of firearms does not require completion of item 19.”

In addition, the Department is making the following changes to Form 1 in anticipation of upcoming regulatory changes, and to make the form easier to read, correct minor errors, and adjust for updated technology:

• revising the title to be more clear

• removing the photo box on the form to allow the option to attach either a passport style photo or a copy of a photo identification document

• combining race/ethnicity items

• allowing additional types of electronic/digital signatures

• revising the fillable pdf form to link copy 1 and copy 2 so that copy 2 gets populated as the copy 1 is filled in, except for check boxes and signature

• adding references to eForms and pay.gov

• adding reference to the refund process

• removing the CLEO notification requirement and copy

• adding instructions for married couples jointly making, transferring, and registering a firearm, as an ‘other legal entity’ • correcting typographical/grammar items

• adding email addresses for different questions: nfa@atf.gov, ipb@atf.gov, & nfafax@atf.gov

The proposed changes will be held for 30 days to allow for public comment before they become effective. And if you’re wondering, more than 280,000 Form 1s were filed in 2023, the last year for which we have numbers. That’s going to increase by a lot next year when the $200 tax stamp goes away and suppressor demand increases substantially.

Removing notification is a good thing in that it eliminates the possibility of local yokels creating local registries on their own. Let’s see now if ATF will also remove CLEO notification on Form 4s, the transfer form completed by consumers buying things like suppressors and short-barrel rifles. Stay tuned.