We are writing to give you a detailed update on Silencer Shop’s e-Form 1 service and ATF’s decision to disapprove select e-Form 1 applications. We sincerely regret having to deliver such unpleasant news. Make no mistake, Silencer Shop is challenging ATF’s decision. In the meantime, we want to make sure you have the most up-to-date information, and understand how we plan to move forward.
BACKGROUND
Nearly two years ago, ATF declared that uploading a signed Form 1 and Power of Attorney in e-Forms was not sufficient to serve as an electronic certification. ATF determined to temporarily disapprove approximately 600 e-Form 1 submissions in process at the time.
Then, in February 2019, ATF proposed a new process that allowed us to populate the e-Form 1 and hand the account off to the customer for final certification and submission. The 600 temporary disapprovals were resolved and nearly 1,000 e-Form 1’s have since been submitted by Silencer Shop and approved by ATF using that process.
Earlier this year, due to high demand we decided to offer the service more widely to our customers once again. We submitted a small batch and then had a conference call with ATF to confirm everything was OK. We explained our process clearly. ATF raised no issues or objections. Our submitted forms were being approved, so we submitted a second batch.
When we realized the processing of some of our submissions was being delayed, we reached out to ATF, asking for an explanation. For two months ATF could not identify any problems with the applications. When we wrote and called, they ensured there was no problem. On May 19, ATF stated they were experiencing “delays due to Covid.” On June 5, ATF stated their NFA division was “overwhelmed” due to the “civil unrest.” More than 2 months later, ATF finally responded. The result: disapproving an unknown number of applications and citing an issue that directly contradicts their prior express, written guidance, without any opportunity to discuss or reconcile amicably.
We fully intend to challenge this baffling decision; in the meantime, we will continue moving forward with our resolution.
RESOLUTION
Beginning this week, your e-Form 1 tax stamp and service fee will be refunded.
While this does not make up for lost time, we will stay committed to serving you as best we can throughout this process.
Over the next few days:
- We will begin processing refunds for all impacted e-Form 1 submissions. Please be patient as it may take a few days to complete this process.
- We will be sending all pertinent information relating to your submission, including firearm details, photos, trust, etc. This will be sent via email to all impacted customers.
If you want to submit a Form 1 to ATF on your own instead of waiting for a resolution:
- As previously mentioned, you will receive everything you need for the submission via email to assist in the process.
- After your submission, expect to receive a coversheet with a barcode from the ATF requesting your fingerprints (this can take several days). If you would like Silencer Shop to provide a new set of fingerprint cards free of charge, please forward the coversheet supplied by ATF to [email protected] with the subject “e-Form 1 Coversheet Resubmission.”
- We will let you know when the fingerprint cards and coversheet have been mailed to NFA for your submission.
If you choose to wait to resubmit until the issue is resolved with ATF:
- We will waive your Form 1 service fee and will pay a portion of the tax stamp for submission of the same item.
Silencer Shop is dedicated to using our resources to resolve this issue in a way that is best for our customers. Thank you for trusting in us as we navigate these waters. We are communicating everything we can at this time; and, as we can shed more light on this, we will. Silencer Shop is the company that it is because of our customers, and we will continue to do everything in our power to protect your rights.
Sincerely,
Silencer Shop