ATF Form 1 (5320.1) "Application to Make and Register a Firearm"

What Is ATF Form 1?

ATF Form 1, Application to Make and Register a Firearm - also known as the ATF Form 5320.1 or the ATF E-Form 1 - is a form you must fill out while requesting permission to make and possess a firearm. The form is issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and was last revised on September 1, 2019. The latest version of the fillable ATF Form 1 is available for download below.

ATF Form 1 VS Form 4

ATF Form 1 and ATF Form 4 (ATF Form 5320.4) are among the most well-known forms issued by the department. It is important not to confuse the purpose of the two documents. Fill out the ATF Form 1 when you apply for manufacturing, modifying, or restoring a firearm to a working condition. The information you furnish via this document is used as proof that you will make and own a firearm in compliance with federal, state, and local law.

Use ATF Form 4 in order to transfer a firearm from the seller to the buyer. This is the main transfer and registration application for a firearm. The form requires information necessary for the identification of the transferee, transferor, and firearm. The completion of the form is mandatory as is used to ensure and prove the legality of transfer under federal, state, and local law.

When making an application via either of the two forms after July 13, 2016, you must attach Form FD-258 (Fingerprint Cards) and passport photos.

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ATF Form 1 Instructions

Read through the provided instructions to make sure you properly understand all of the definitions used. Additional step-by-step filing guidelines are provided below.

How to Fill out ATF Form 1?

The form can be filled out through Adobe Acrobat Reader or by opening the form in a new window in your browser. If filing digitally, you will need to fill out only first three pages, and the information you enter will be carried over through the rest of the form automatically. Use the following instructions to complete the form:

  1. Box 1. Type of Application. Check box "a". Submit your $200 tax payment with the application;
  2. Box 2. Specify whether you are filling out the form as an individual or as a trust;
  3. Box 3a. Trade Name. This box is usually left blank;
  4. Box 3b. Applicant's Name and Mailing Address. If you are filling out the form as a trust, provide its name exactly as it is indicated on the Trust Shop NFA Gun Trust. Enter the address where the firearm will be kept. If completing the form as an individual, specify your full name and mailing address;
  5. Boxes 3c - 3f. Self-explanatory;
  6. Box 4a. Name and Address of Original Manufacturer and/or Importer of Firearm. If you make a firearm from scratch, enter your name and address exactly as they will be engraved on the firearm. The name and address in this part may differ from those provided in Box 3b. Find the engraving rules on the ATF website. If you are modifying an already manufactured firearm, enter the name and address of the original manufacturer;
  7. Box 4b. Type of Firearm to Be Made. Use the definition 1c provided in the enclosed instructions to complete this part;
  8. Box 4c. Caliber or Gauge. Enter the caliber of the firearm you are going to make. Do not use slang terms. List only one caliber. For additional calibers, attach a letter stating the overall length, barrel length, and caliber related to the firearm specified on the form;
  9. Boxes 4c - 4g. Self-explanatory;
  10. Box 4h. Additional Description. Include any other markings or numbers provided on the item. If there are none, leave this part blank;
  11. Box 4i. Specify Why You Intend to Make a Firearm. Enter the phrase "Any lawful purpose", unless your state has any other requirements;
  12. Box 4j. Type of Destructive Device. Specify the type of device you are going to make.
  13. Box 4k. Reactivated. Check "No", unless you restore an already registered but unserviceable firearm;
  14. Boxes 5 - 6. If you are filling out ATF Form 1 as a trust, leave these boxes blank. If you are applying as an individual and have a Special Occupational Taxpayer or Federal Firearm License numbers, provide them in these boxes;
  15. Boxes 7 - 9. Self-explanatory;
  16. Box 10. Law Enforcement Notification. Provide the name of the agency, responsible official, and the address where you have sent a Chief Law Enforcement Officer (CLEO) notification;
  17. Boxes 11 - 14. If you are applying as a trust, ignore these boxes. If you are filling out the form as an individual, answer all the questions and attach your most recent passport photo;
  18. Boxes 15 - 16. If you are completing the document as an individual, skip these boxes. A gun trust is required to provide the number of responsible persons and can list up to 8 of them. If the gun trust includes more than 8 persons, list the rest of them on a separate sheet and attach it to the form;
  19. Box 17. Method of Payment. Provide your payment method information. It is not important for the ATF who pays for the tax stamp.

Where to Mail ATF Form 1?

Submit the ATF and registrant's copies of a completed and signed application to make and register a firearm to the National Firearms Act (NFA) Division. The ATF Form 1 mailing address is specified on the front of the form. Submit the CLEO copy to the chief local law enforcement officer, e.g., head of the state police, chief of police, sheriff, state or local district attorney, or prosecutor. The usual wait time is around 6 or 7 months.

After the AFT processes your form, you receive your copy approved or disapproved. If your application is disapproved, the NFA will provide you with the reason for disapproval and refund the taxes you paid. Remember that you are not allowed to start making firearms until you get your approval. To check the status of your application, contact the NFA Division via phone or email. The ATF Form 1 status phone number is (304) 616-4500.

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Download ATF Form 1 (5320.1) "Application to Make and Register a Firearm"

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OMB No. 1140-0011 (08/31/2022)
U.S. Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
Application to Make and Register a Firearm
ATF Control Number
To: National Firearms Act Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, P.O. Box 5015, Portland, OR 97208-5015
(Submit in duplicate. Please do not staple documents. See instructions attached.)
As required by Sections 5821 (b), 5822, and 5841 of the National Firearms Act, Title 26 U.S.C., Chapter 53, the
1. Type of Application (check one)
undersigned hereby submits application to make and register the firearm described below.
2.
Application is made by:
3a. Trade name (If any)
a. Tax Paid. Submit your tax payment of $200
Corporation
Individual
with the application. The tax may be paid
Other Legal Entity
Trust
Government
by credit or debit card, check, or money order.
Entity
Please complete item 17. Upon approval of
3b. Applicant’s Full Legal Name and Mailing Address (Type or print below) (See instruction 2d)
the application, we will affix and cancel the
required National Firearms Act Stamp.
3d. County/Parish
(See instruction 2c and 3)
b. Tax Exempt because firearm is being made on
3e. Telephone Number
behalf of the United States, or any department,
independent establishment, or agency thereof.
c. Tax Exempt because firearm is being made
3f. E-mail address
by or on behalf of any State or possession of the
United States, or any political subdivision
thereof, or any official police organization of
3c. If P.O. Box is shown above, street address must be given here
such a government entity engaged in criminal
investigations.
4.
Description of Firearm (complete items a through k) (See instruction 2j)
a.
Name and Address of Original Manufacturer and/or
b.
Type of Firearm to be made
c.
Caliber or
d.
Model (As marked on firearm)
Importer of Firearm (If any)
Gauge
(See definition 2k)
If a destructive device, complete
(Specify
e. Barrel length:
f. Overall length:
item 4j
one)
g.
Serial Number
h.
Additional Description (Indicate required maker’s markings to include maker’s
i.
Specify Why You Intend To Make Firearm (Use additional sheet if necessary)
name (as registered), city and state as each will appear on firearm)
j. Type of destructive device (check one box):
Firearm
Explosives (If the Explosives box is checked, complete item 5 and see instruction 2m)
If an explosive type destructive device, identify the type of explosive(s):
k. Is this firearm being reactivated?
Yes
No (See definition 1k)
5.
Applicant’s Federal Firearms License (If any) or Explosives License or Permit Number
6.
Special (Occupational) Tax Status (if applicable) (See definitions)
(Give complete 15-digit Number)
a.
Employer Identification Number
b.
Class
Under Penalties of Perjury, I Declare that I have examined this application, including accompanying documents, and to the best of my knowledge and belief it is
true, accurate and complete and the making and possession of the firearm described above would not constitute a violation of Title 18, U.S.C., Chapter 44,
Title 26, U.S.C., Chapter 53; or any provisions of State or local law.
7.
Signature of Applicant
8.
Name and Title of Authorized Official
9.
Date
The space below is for the use of the Bureau of Alcohol, Tobacco, Firearms and Explosives
By authority of the Director, Bureau of Alcohol, Tobacco, Firearms and Explosives, this application has been examined and the applicant’s making and registration of
the firearm described above is:
Approved (With the following conditions, if any)
Disapproved (For the following reasons)
Authorized ATF Official
Date
Previous Editions Are Obsolete
ATF Form 1 (5320.1)
ATF Copy
Revised September 2019
OMB No. 1140-0011 (08/31/2022)
U.S. Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
Application to Make and Register a Firearm
ATF Control Number
To: National Firearms Act Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, P.O. Box 5015, Portland, OR 97208-5015
(Submit in duplicate. Please do not staple documents. See instructions attached.)
As required by Sections 5821 (b), 5822, and 5841 of the National Firearms Act, Title 26 U.S.C., Chapter 53, the
1. Type of Application (check one)
undersigned hereby submits application to make and register the firearm described below.
2.
Application is made by:
3a. Trade name (If any)
a. Tax Paid. Submit your tax payment of $200
Corporation
Individual
with the application. The tax may be paid
Other Legal Entity
Trust
Government
by credit or debit card, check, or money order.
Entity
Please complete item 17. Upon approval of
3b. Applicant’s Full Legal Name and Mailing Address (Type or print below) (See instruction 2d)
the application, we will affix and cancel the
required National Firearms Act Stamp.
3d. County/Parish
(See instruction 2c and 3)
b. Tax Exempt because firearm is being made on
3e. Telephone Number
behalf of the United States, or any department,
independent establishment, or agency thereof.
c. Tax Exempt because firearm is being made
3f. E-mail address
by or on behalf of any State or possession of the
United States, or any political subdivision
thereof, or any official police organization of
3c. If P.O. Box is shown above, street address must be given here
such a government entity engaged in criminal
investigations.
4.
Description of Firearm (complete items a through k) (See instruction 2j)
a.
Name and Address of Original Manufacturer and/or
b.
Type of Firearm to be made
c.
Caliber or
d.
Model (As marked on firearm)
Importer of Firearm (If any)
Gauge
(See definition 2k)
If a destructive device, complete
(Specify
e. Barrel length:
f. Overall length:
item 4j
one)
g.
Serial Number
h.
Additional Description (Indicate required maker’s markings to include maker’s
i.
Specify Why You Intend To Make Firearm (Use additional sheet if necessary)
name (as registered), city and state as each will appear on firearm)
j. Type of destructive device (check one box):
Firearm
Explosives (If the Explosives box is checked, complete item 5 and see instruction 2m)
If an explosive type destructive device, identify the type of explosive(s):
k. Is this firearm being reactivated?
Yes
No (See definition 1k)
5.
Applicant’s Federal Firearms License (If any) or Explosives License or Permit Number
6.
Special (Occupational) Tax Status (if applicable) (See definitions)
(Give complete 15-digit Number)
a.
Employer Identification Number
b.
Class
Under Penalties of Perjury, I Declare that I have examined this application, including accompanying documents, and to the best of my knowledge and belief it is
true, accurate and complete and the making and possession of the firearm described above would not constitute a violation of Title 18, U.S.C., Chapter 44,
Title 26, U.S.C., Chapter 53; or any provisions of State or local law.
7.
Signature of Applicant
8.
Name and Title of Authorized Official
9.
Date
The space below is for the use of the Bureau of Alcohol, Tobacco, Firearms and Explosives
By authority of the Director, Bureau of Alcohol, Tobacco, Firearms and Explosives, this application has been examined and the applicant’s making and registration of
the firearm described above is:
Approved (With the following conditions, if any)
Disapproved (For the following reasons)
Authorized ATF Official
Date
Previous Editions Are Obsolete
ATF Form 1 (5320.1)
ATF Copy
Revised September 2019
MAKER’S CERTIFICATION (not completed by a GOVERNMENT ENTITY)
10.
Law Enforcement Notification (See instruction 2l)
Each applicant is to provide notification of the proposed making and possession of the firearm described on this Form 1 by providing a copy of the completed form to the
chief law enforcement officer in the agency identified below:
Agency or Department Name
Name and Title of Official
Address (Street address or P.O. Box, City, State and Zip Code) to which sent (mailed or delivered)
12. Photograph
Information for the Chief Law Enforcement Officer
This form provides notification of the applicant’s intent to make and register a National Firearms Act (NFA) firearm. No action
Affix a 2” x 2” Photograph Here
on your part is required. However, should you have information that may disqualify this person from making or possessing a
No Stapling. Please Tape
firearm, please contact the NFA Division at (304) 616-4500 or NFA@atf.gov. A “Yes” answer to items 11.a. through 11.h. or
Sides of Photo to the Application.
15.d. or 15.e. could disqualify a person from acquiring or possessing a firearm. Also, ATF will not approve an application
if the making or possession of the firearm is in violation of State or local law.
1. Photo must have been taken within the
Maker’s Questions (complete only when the maker is an individual)
last year.
A maker who is an individual must complete this Section.
2. Photo must have been taken in full face
11. Answer questions 11.a. through 11.h. Answer questions 13, 15, 16 and 17 if applicable. For any “Yes” answer
view without a hat or head covering that
the applicant shall provide details on a separate sheet. (See instruction 7c and definitions)
obscures the hair or hairline.
Yes
No
3. On back of photograph print full name,
a. Are you under indictment or information in any court for a felony, or any other crime, for which the judge
last 4 of SSN.
could imprison you for more than one year? (See definition 1n)
b. Have you ever been convicted in any court for a felony, or any other crime, for which the judge could have
imprisoned you for more than one year, even if you received a shorter sentence including probation? (See definition 1n)
c. Are you a fugitive from justice? (See definition 1t)
d. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any
other controlled substance? Warning: The use or possession of marijuana remains unlawful under
Federal law regardless of whether it has been legalized or decriminalized for medicinal
or recreational purposes in the state where you reside.
e. Have you ever been adjudicated as a mental defective OR have you ever been committed to a mental
institution? (See definition 1o and 1p)
f. Have you been discharged from the Armed Forces under dishonorable conditions?
g. Are you subject to a court order restraining you from harassing, stalking, or threatening your child or an
intimate partner or child of such partner? (See definition 1q)
h. Have you ever been convicted in any court of a misdemeanor crime of domestic violence? (See definition 1r)
13. Social Security Number: (See instruction 2f)
Date of Birth:
14a. Ethnicity
14b. Race
Hispanic or Latino
American Indian or Alaska Native
Black or African American
White
Not Hispanic or Latino
Asian
Native Hawaiian or Other Pacific Islander
15a. Country of Citizenship: (Check/List more than one, if applicable. Nationals of the United States may check U.S.A.) (See definition 1s)
United States of America
Other Country/Countries (specify):
15b. State of Birth
15c.Country of Birth
Yes
No
d.
Have you ever renounced your United States citizenship?
e.
Are you an alien illegally or unlawfully in the United States?
f.1. Are you an alien who has been admitted to the United States under a nonimmigrant visa?
f.2. If “yes”, do you fall within any of the exceptions stated in the instructions? Attach the documentation to the application
N/A
16. If you are an alien, record your U.S.-Issued Alien or Admission number (AR#, USCIS#, or I94#):
Yes
No
17. Have you been issued a Unique Personal Identification Number (UPIN)? (See instruction 2f)
If yes please list
CERTIFICATION: Under penalties imposed by 18 U.S.C. § 924 and 26 U.S.C. § 5861, I certify that, upon submission of this form to ATF, a completed copy of this
form will be directed to the chief law enforcement officer (CLEO) shown in item 10, that the statements, as applicable, contained in this certification, and any
attached documents in support thereof, are true and correct to the best of my knowledge and belief. NOTE: See instructions 2.d(2) and 2.d(3) for the items to be
completed depending on the type of applicant.
Signature of Maker
Date
ATF Form 1 (5320.1)
ATF Copy
Revised September 2019
18. Number of Responsible Persons (see definitions) associated with the applicant trust or legal entity
19. Provide the full name (printed or typed) below for each Responsible Person associated with the applicant trust or legal entity (if there are more Responsible Persons than
can be listed on the form, attach a separate sheet listing the additional Responsible Person(s)). Please note that a completed Form 5320.23, National Firearms Act
(NFA) Responsible Person Questionnaire, must be submitted with the Form 1 application for each Responsible Person.
Full Name
Full Name
20. Method of Payment (Check one) (See instruction 2i) (if paying by credit/debit card, complete the sections below)
Cashier’s Check or
American
Check (Enclosed)
Diners Club
Visa
Mastercard
Discover
Money Order (Enclosed)
Express
Credit/Debit Card Number (No dashes)
Name as Printed on the Credit/Debit Card
Expiration Date (Month & year)
Address:
Credit/Debit Card
Billing Address:
City:
State:
Zip Code:
Tax Amount:
$
I Authorize ATF to Charge my Credit/Debit Card the Above Amount.
Signature of Cardholder
Date
Your credit/debit card will be charged the above stated amount upon receipt of your application. The charge will be reflected on your credit/debit card statement.
In the event your application is NOT approved, the above amount will be credited to the credit/debit card noted above.
Important Information for Currently Registered Firearms
If you are the current registrant of the firearm described on this form, please note the following information.
Estate Procedures: For procedures regarding the transfer of firearms in an estate resulting from the death of the registrant identified in item 3b, the executor should contact
the NFA Division, Bureau of ATF, 244 Needy Road, Martinsburg, WV 25405.
Interstate Movement: If the firearm identified in item 4 is a machinegun, short-barreled rifle, short-barreled shotgun, or destructive device, the registrant may be
required by 18 U.S.C. § 922(a)(4) to obtain permission from ATF prior to any transportation in interstate or foreign commerce. ATF Form 5320.20 can be used to request this
permission.
Change of Description or Address: The registrant shall notify the NFA Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV
25405, in writing, of any change to the description of the firearm in item 4, or any change to the address of the registrant.
Restrictions on Possession: Any restriction (see approval block on face of form) on the possession of the firearm identified in item 4 continues with the further transfer of
the firearm.
Persons Prohibited from Possessing Firearms: If the registrant becomes prohibited from possessing a firearm, please contact the NFA Division for procedures on how to
dispose of the firearm.
Proof of Registration: A person possessing a firearm registered as required by the NFA shall retain proof of registration which shall be made available to any ATF officer
upon request.
Paperwork Reduction Act Notice
This form is in accordance with the Paperwork Reduction Act of 1995. The information you provide is used to establish that the applicant’s making and possession of the
firearm would be in conformance with Federal, State, and local law. The data is used as proof of lawful registration of a firearm to the manufacturer. The furnishing of this
information is mandatory (26 U.S.C. § 5822).
The estimated average burden associated with this collection of information is 4.0 hours per respondent or recordkeeper, depending on individual circumstances.
Comments concerning the accuracy of this burden estimate and suggestion for reducing this burden should be addressed to Reports Management Officer, Information
Technology Coordination Staff, Bureau of Alcohol, Tobacco, Firearms and Explosives, Washington, DC 20226.
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.
ATF Form 1 (5320.1)
ATF Copy
Revised September 2019
Privacy Act Information
1. Authority. Solicitation of this information is made pursuant to the National Firearms Act (26 U.S.C. § § 5821 and 5822). Disclosure of this information by the applicant
is mandatory for any person (other than a manufacturer qualified under the National Firearms Act) making a firearm as defined in the National Firearms Act.
2. Purpose. To verify payment of the tax imposed by 26 U.S.C. § 5821; to determine that the making would not be in violation of law; and to effect registration of the
firearm.
3. Routine Uses. The information will be used by ATF to make the determinations set forth in paragraph 2. In addition, to effect registration of the firearm, information
as to the identification of the firearm, date of registration, and the identification and address of person entitled to possess the firearm will be entered into the National
Firearms Registration and Transfer Record. No information obtained from an application, registration, or records required to be submitted by an individual in order to
comply with any provision of the National Firearms Act or regulation issued thereunder, shall, except in connection with prosecution or other action for furnishing false
information, be used, directly or indirectly, as evidence against that person in any criminal proceeding with respect to a violation of law occurring prior to or
concurrently with the filing of the application. The information from this application may only be disclosed to Federal authorities for purposes of prosecution for viola
tion of the National Firearms Act.
4. Effects of not Supplying Information Requested. Failure to supply complete information will delay processing and may cause denial of the application.
Definitions/Instructions
1.
Definitions.
Tobacco, Firearms and Explosives (ATF) authorized to perform any
function relating to the administration of the NFA.
a. National Firearms Act (NFA). Title 26, United States Code, Chapter 53.
j. Make. The term “make”, and the various derivatives of such word, shall
The implementing regulations are found in Title 27, Code of Federal
Regulations, Part 479.
include manufacturing (other than by one qualified to engage in such
business under the NFA), putting together, altering, any combination of
b. Gun Control Act (GCA). Title 18, United States Code, Chapter 44.
these, or otherwise producing a firearm.
The implementing regulations are found in Title 27, Code of Federal
k. Reactivation. The restoration of a registered unserviceable NFA firearm to
Regulations, Part 478.
a functional condition. This action incurs the making tax liability.
c. Firearm. The term “firearm” means: (1) a shotgun having a barrel or
barrels of less than 18 inches in length; (2) a weapon made from a
l. Unserviceable Firearm. One which is incapable of discharging a shot
shotgun if such weapon as modified has an overall length of less than 26
by means of an explosive and incapable of being readily restored to firing
inches or a barrel or barrels of less than 18 inches in length; (3) a rifle
condition. An acceptable method of rendering most firearms unserviceable
having a barrel or barrels of less than 16 inches in length; (4) a weapon
is to fusion weld the chamber closed and fusion weld the barrel solidly to
made from a rifle if such weapon as modified has an overall length of less
the frame.
than 26 inches or a barrel or barrels of less than 16 inches in length; (5)
any other weapon, as defined in 26 U.S.C. § 5845(e); (6) a machinegun;
m. Maker. A person applying to make an NFA firearm.
(7) a muffler or a silencer for any firearm whether or not such firearm is
included within this definition; and (8) a destructive device,as defined in 26
n. Prohibited Person. Generally, 18 U.S.C. § 922 (g) prohibits the shipment,
U.S.C. § 5845 (f).
transportation, receipt, or possession in or affecting interstate commerce
of a firearm by one who: has been convicted of a misdemeanor or crime of
d. Person. A partnership, company, association, trust, corporation, including
domestic violence; has been convicted of a felony, or any other crime, pun
each responsible person associated with such an entity; an estate; or an
ishable by imprisonment for a term exceeding one year (this does not
individual.
include State misdemeanors punishable by imprisonment of two years or
less); is a fugitive from justice, is an unlawful user of, or addicted to,
Section A
marijuana or any depressant, stimulant, or narcotic drug, or any other
e. Responsible Person. In the case of an unlicensed entity, including any
controlled substance; has been adjudicated as a mental defective or has
trust, partnership, association, company (including any Limited Liability
been committed to a mental institution; has been discharged from the
Company (LLC)), or corporation, any individual who possesses, directly or
Armed Forces under dishonorable conditions, has renounced his or her
indirectly, the power or authority to direct the management and policies of
U.S. citizenship; is an alien illegally in the United States or an alien
the trust or entity to receive, possess, ship, transport, deliver, transfer or
admitted to the United States under a nonimmigrant visa; or is subject to
otherwise dispose of a firearm for, or on behalf of, the trust or legal entity.
certain restraining orders. Furthermore, Section 922 (n) prohibits the ship
ment, transportation, or receipt in or affecting interstate commerce of a
Section B
firearm by one who is under indictment or information for a felony in any
Trust: Those persons with the power or authority to direct the management
Federal, State or local court, or any other crime, punishable by imprison
and policies of the trust includes any person who has the capability to
ment for a term exceeding one year. An information is a formal accusation
exercise such power and possesses, directly or indirectly, the power or
of a crime verified by a prosecutor.
authority under any trust instrument, or under State law, to receive,
possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm
EXCEPTION: A person who has been convicted of a felony, or any other
for, or on behalf of the trust. Examples of who may be considered a
crime, for which the judge could have imprisoned the person for more
responsible person include settlors/grantors, trustees, partners, members,
than one year, or who has been convicted of a misdemeanor crime of
officers, directors, board members, or owners. An example of who may
domestic violence, is not prohibited from purchasing, receiving, or possess
be excluded from this definition of responsible person is the beneficiary
ing a firearm if: (1) under the law of the jurisdiction where the conviction
of a trust, if the beneficiary does not have the capability to exercise the
occurred, the person has been pardoned, the conviction has been expunged
enumerated powers or authorities.
or set aside, or the person has had their civil rights (the right to vote, sit on a
jury, and hold public office) taken away and later restored AND (2) the person
f. Employer Identification Number (EIN). Required of taxpayer filing
is not prohibited by the law of the jurisdiction where the conviction occurred
special (occupational) tax returns under 27 CFR § 479.35.
from receiving or possessing firearms. Persons subject to this exception should
mark “no” in the applicable box.
g. Special (Occupational) Tax. Required by the NFA to be paid by a
Federal firearms licensee engaged in the business of manufacturing
o. Adjudicated As a Mental Defective. A determination by a court, board,
(Class 2), importing (Class 1), or dealing (Class 3) in NFA firearms.
commission, or other lawful authority that a person, as a result of marked
subnormal intelligence, or mental illness, incompetency, condition, or disease:
h. Federal Firearms License. A license issued under the provisions of the
(1) is a danger to himself or to others; or (2) lacks the mental capacity to contract
GCA to manu facture, import or deal in firearms.
or manage his own affairs. This term shall include; (1) a finding of insanity by a
ATF Form 1 (5320.1)
i. ATF Officer. An officer or employee of the Bureau of Alcohol,
Revised September 2019
Instruction (Continued)
court in a criminal case; and (2) those persons found incompetent to stand trial
admitted to the United States pursuant to either the Visa Waiver Program or
or found not guilty by reason of lack of mental responsibility.
to regulations otherwise exempting them from visa requirements may
answer “no” to this question and are not required to submit the additional
p. Committed to a Mental Institution. A formal commitment of a person
documentation under 11.d.2. An alien admitted to the United States under
to a mental institution by a court, board, commission, or other lawful
a nonimmigrant visa is not prohibited from purchasing, receiving, or
authority. The term includes a commitment to a mental institution
possessing a firearm if the alien; (1) is in possession of a hunting license or
involuntarily. The term includes commitments for other reasons, such as
permit lawfully issued by the Federal Government, a State, or local
for drug use. The term does not include a person in a mental institution
government, or an Indian tribe federally recognized by the Bureau of Indian
for observation or a voluntary admission to a mental institution.
Affairs, which is valid and unexpired; (2) was admitted to the United States
for lawful hunting or sporting purposes; (3) is an official representative of
EXCEPTION NICS Improvement Amendments Act of 2007: A person who
a foreign government who is accredited to the United States Government
has been adjudicated as a mental defective or committed to a mental
or the Government’s mission to an international organization having its
institution in a state proceeding is not prohibited by the adjudication or
headquarters in the United States; (4) is an official representative of a
commitment if the person has been granted relief by the adjudicating/
foreign government who is en route to or from another country to which
committing state pursuant to a qualifying mental health relief from disabilities
that alien is accredited; (5) is an official of a foreign government or a
program. Also, a person who has been adjudicated as a mental defective or
distinguished foreign visitor who has been so designated by the
committed to a mental institution by a department or agency of the Federal
Department of State; (6) is a foreign law enforcement officer of a friendly
Government is not prohibited by the adjudication or commitment if either: (a)
foreign government entering the United States on official law enforcement
the person’s adjudication or commitment was set-aside or expunged by the
business; (7) has received a waiver from the prohibition from the Attorney
adjudicating/committing agency; (b) the person has been fully released or
General of the United States.
discharged from all mandatory treatment, supervision, or monitoring by the
agency; (c) the person was found by the agency to no longer suffer from the
t. Fugitives from Justice. Any person who has fled from any State to avoid
mental health condition that served as the basis of the initial adjudication/
prosecution for a felony or a misdemeanor, or any person who leaves the
commitment; or (d) the adjudication or commitment, respectively is based
State to avoid giving testimony in any criminal proceeding. The term also
solely on a medical finding of disability, without an opportunity for a hearing
includes any person who knows that misdemeanor or felony charges are
by a court, board, commission, or other lawful authority, and the person has
pending against such person and who leaves the State of prosecution.
not been adjudicated as a mental defective consistent with section 922(g)(4)
of title 18, United States Code; or (e) the person was granted relief from the
2.
Preparation of Application and Payment of Tax.
adjudicating/committing agency pursuant to a qualified mental health relief
a. Authority. As provided by 26 U.S.C. § 5822, any person (other than a
from disabilities program. Persons who fall within one of the above exceptions
should mark “no” in the applicable box. This exception to an adjudication
qualified manufacturer of firearms (see paragraph b)) seeking to make a
or commitment by a Federal department or agency does not apply to any
firearm must submit, in duplicate, a separate application on this form
person who was adjudicated to be not guilty by reason of insanity, or based
for each firearm. The applicant maker must furnish all the information
on a lack of mental responsibility, or found incompetent to stand trial, in any
called for, except as noted by instructions within, on this application form.
criminal case or under the Uniform Code of Military Justice.
Please note that the form now contains a 3rd (CLEO) copy of the form for
use in compliance with instruction 2g and item 10 of the form.
q. Restraining Order. Under 18 U.S.C. § 922, firearms may not be sold to
or received by persons subject to a court order that; (A) was issued after
b. Registration by Qualified Manufacturer. A person who has a Federal
a hearing which the person received actual notice of and had an
firearms license to manufacture firearms (Type 07 or 10) and who has paid
opportunity to participate in; (B) restrains such person from harassing,
special (occupational) tax to manufacture NFA firearms is exempt from the
stalking, or threatening an intimate partner or child of such intimate partner
making tax and filing of the ATF Form 1 application. Such qualified manu
or person, or engaging in other conduct that would place an intimate partner
facturer must report and register each NFA firearm manufactured by filing
in reasonable fear of bodily injury to the partner or child; and (C)(i)
ATF Form 2, Notice of Firearms Manufactured or Imported, as required by
includes a finding that such person represents a credible threat to the
27 CFR § 479.103.
physical safety of such intimate partner or child; or (ii) by its terms
explicitly prohibits the use, attempted use, or threatened use of physical
c. Payment of/Exemption from Payment of Tax. As provided in 26 U.S.C.
force against such intimate partner or child that would reasonably be
§ 5821, there is a $200.00 tax on each firearm made, except as provided in
expected to cause bodily injury. An “intimate partner” of a person is; the
26 U.S.C. §§ 5852 and 5853, when an NFA firearm may be made without
spouse or former spouse of the person, the parent of a child of the person,
payment of the tax when made by, or on behalf of the United States or any
or an individual who cohabitates or has cohabitated with the person.
State or political subdivision thereof. Documentation that the firearm is
being made for a government entity, such as a United States government
r. Misdemeanor Crime of Domestic Violence. A Federal, State, local, tribal
contract or a State or local government agency purchase order, must
offense that is a misdemeanor under Federal, State, or tribal law and
accompany the application. The reactivation of a registered unserviceable
has, as an element, the use or attempted use of physical force, or the
firearm is subject to the making tax.
threatened use of a deadly weapon, committed by a current or former
spouse, parent, or guardian of the victim, by a person with whom the
d. Completion of Form (Note: If the applicant is a Federal firearms
victim shares a child in common, by a person cohabitating with, or has
licensee except for a Type 03 license, items 10, 11, 12, 13, 14, 15, 16, and
cohabited with the victim as a spouse, parent, or guardian, or by a person
17 are not required to be completed.)
similarly situated to a spouse, parent, or guardian of the victim. The term
includes all misdemeanors that have as an element the use or attempted use
(1) The applicant shall provide the applicant’s full legal name to
of physical force or the threatened use of a deadly weapon (e.g., assault
include middle and mailing address in item 3b. If a post office box
and battery), if the offense is committed by one of the defined parties. (See
address is used, the physical address shall be entered in item 3c.
Exception in the definition of “Prohibited Person”). A person who has
If the applicant is a trust or legal entity, show only the complete name
been convicted of a misdemeanor crime of domestic violence also is not
of the trust or legal entity and do not include any individual
prohibited unless; (1) the person was represented by a lawyer or gave up the
names (such as names of trustees or corporate officials). The
right to a lawyer; or (2) if the person was entitled to a jury, was tried by a
address shall be the location within the particular state where
jury, or gave up the right to a jury trial. Persons subject to this exception
the firearm will be maintained for a trust or legal entity. In
should mark “no” in the applicable box.
the case of two or more locations for a legal entity, the address
shown shall be the principal place of business within the particular state
s. Alien Admitted to the United States Under a Nonimmigrant Visa. An
(or principal office, in the case of a corporation).
alien admitted to the United States under a nonimmigrant visa includes,
among others, persons visiting the United States temporarily for business
(2) If the applicant is an individual, the entire Form 1 shall be completed
or pleasure, persons studying in the United States who maintain a residence
except for items 18 and 19. In addition, the applicant must include
abroad, and certain temporary foreign workers. These aliens must answer
his or her fingerprints on FBI Form FD-258 and his or her photographs
“yes” to question 11.d.1 and provide the additional documentation required
(see instruction 2g).
ATF Form 1 (5320.1)
under question 11.d.2. Permanent resident aliens and aliens legally
Revised September 2019

Browse ATF Form 1 (5320.1) by Year

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