Simpson Questions ATF’s New Silencer Regulations 

Washington, D.C. – Idaho Congressman Mike Simpson joined 141 House Republicans in calling on the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to explain an apparent, unexplained department policy shift towards firearms suppressors.   

Under current law, it is legal for law-abiding citizens to build and own a silencer.  Individuals must simply pay a fee and receive ATF approval through the so-called “Form 1” process.   

However, in recent months, ATF has begun denying Form 1 requests for silencers submitted by individuals who are following the terms of the application.  ATF also appears to be changing the requirements for Form 1 approval without any explicit change in statute or stated existing processes. 

“I am extremely concerned by the ATF’s attacks on law-abiding gun owners, and I have heard from several Idaho constituents who are facing these new Form 1 denials,” said Simpson.  “The right to bear arms is a fundamental American right, and the ATF must immediately bring their policy making out of the shadows and explain why they are denying Form 1 silencer applications and what they will do to right this wrong.” 

The letter reads, in part:  

“To better understand ATF’s basis for making these Form 1 denials, we request that [ATF Acting Director Marvin Richardson] provide the following information:  

1. Please explain why the ATF is denying Form 1 applications for the manufacture of silencing using raw materials, components, or kits. 
2. Please explain whether these denials reflect a change in policy in how the ATF regulates self-made silencers. 
3. Please explain what the ATF has done to inform the American people of its position regarding a Form 1 application and devices it believes are silencers as opposed to individually sourced raw materials, components, or kits, so that law abiding Americans can attempt to comply with the law.  
4. Please explain how the ATF evaluates whether a Form 1 application for a silencer is going to be used for individually sourced raw materials, components, or kits that, in ATF’s view, is already legally a silencer.  
5. Please explain why the ATF has repeatedly approved Form 1 applications for silencers made from individually sourced raw materials, components or kits if the agency’s policy is that these individually sourced raw materials, components or kits are considered silencers.  
6. Please explain how the ATF intends to handle approved Form 1 applications that occurred before February 28, 2022 for silencers made from individually sourced raw materials, components or kits.  
7. Please explain how the ATF plans to make tax-free registration available for applicants who in good faith attempted to comply with federal law. If ATF does not plan to make tax-free registration available for applicants who in good faith attempted to comply with the federal law, please explain why.  
8. Please produce all documents and communications, including but not limited to ATF legal opinions, referring or relating to the ATF’s definition of a silencer or what constitutes individually sourced raw materials, components, or kits.” 

To view the full letter and list of signers, click HERE. 

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