ATF Form 5320.1 Atf Form 1 - Application to Make and Register a Firearm

ATF Form ATF5320.1 or the "Form 1 - Application To Make And Register A Firearm" is a form issued by the U.S. Department of Justice - Bureau of Alcohol, Tobacco, Firearms and Explosives.

Download a PDF version of the ATF Form ATF5320.1 down below or find it on the U.S. Department of Justice - Bureau of Alcohol, Tobacco, Firearms and Explosives Forms website.

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OMB No. 1140-0011 (06/30/2019)
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 530298, Atlanta, GA 30353-0298
(Submit in duplicate. See instructions attached.)
1. Type of Application (check one)
As required by Sections 5821 (b), 5822, and 5841 of the National Firearms Act, Title 26 U.S.C., Chapter 53, the 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
with the application. The tax may be paid
TRUST or LEGAL
GOVERNMENT
INDIVIDUAL
by credit or debit card, check, or money order.
ENTITY
ENTITY
Please complete item 17. Upon approval of
3b. Applicant’s name and mailing address (Type or print below and between the dots) (see instruction 2d)
the application, we will affix and cancel the
required National Firearms Act Stamp.
(See instruction 2c and 3)
b. Tax Exempt because firearm is being made on
behalf of the United States, or any department,
independent establishment, or agency thereof.
c. Tax Exempt because firearm is being made
3c. If P.O. Box is shown above, street address must be given here
by or on behalf of any State or possession of the
United States, or any political subdivision
3f. e-mail address (optional)
3e. Telephone (area code and number)
thereof, or any official police organization of
3d. County
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
Importer of Firearm (if any)
(See definition 1c)
Gauge
If a destructive device, complete
(Specify
Length
e. Of Barrel:
f. Overall:
item 4j
one)
(Inches)
g.
Serial Number
h.
Additional Description (Include all numbers and other identifying data to
i.
State Why You Intend To Make Firearm (Use additional sheet if necessary)
include maker’s name, city and state which will appear on the firearm)
(use additional sheet if necessary)
j. Type of destructive device (check one box):
Firearm
Explosives (if the Explosives box is checked, complete item 5 and see instruction 2l)
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 E-Form 1 (5320.1)
ATF Copy
Revised August 2017
OMB No. 1140-0011 (06/30/2019)
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 530298, Atlanta, GA 30353-0298
(Submit in duplicate. See instructions attached.)
1. Type of Application (check one)
As required by Sections 5821 (b), 5822, and 5841 of the National Firearms Act, Title 26 U.S.C., Chapter 53, the 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
with the application. The tax may be paid
TRUST or LEGAL
GOVERNMENT
INDIVIDUAL
by credit or debit card, check, or money order.
ENTITY
ENTITY
Please complete item 17. Upon approval of
3b. Applicant’s name and mailing address (Type or print below and between the dots) (see instruction 2d)
the application, we will affix and cancel the
required National Firearms Act Stamp.
(See instruction 2c and 3)
b. Tax Exempt because firearm is being made on
behalf of the United States, or any department,
independent establishment, or agency thereof.
c. Tax Exempt because firearm is being made
3c. If P.O. Box is shown above, street address must be given here
by or on behalf of any State or possession of the
United States, or any political subdivision
3f. e-mail address (optional)
3e. Telephone (area code and number)
thereof, or any official police organization of
3d. County
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
Importer of Firearm (if any)
(See definition 1c)
Gauge
If a destructive device, complete
(Specify
Length
e. Of Barrel:
f. Overall:
item 4j
one)
(Inches)
g.
Serial Number
h.
Additional Description (Include all numbers and other identifying data to
i.
State Why You Intend To Make Firearm (Use additional sheet if necessary)
include maker’s name, city and state which will appear on the firearm)
(use additional sheet if necessary)
j. Type of destructive device (check one box):
Firearm
Explosives (if the Explosives box is checked, complete item 5 and see instruction 2l)
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 E-Form 1 (5320.1)
ATF Copy
Revised August 2017
MAKER’S CERTIFICATION (not completed by a GOVERNMENT ENTITY)
10.
Law Enforcement Notification (See instruction 2g)
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:
Name and Title of Official
Agency or Department Name
Address (Street address or P.O. Box, City, State and Zip Code) to which sent (mailed or delivered)
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 on your part is required. However, should
you have information that may disqualify this person from making or possessing a 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 13.b. or 13.c. 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.
Maker’s Questions (complete only when the maker is an individual)
A maker who is an individual must complete this Section.
11. Answer questions 11.a. through 11.h. Answer questions 13 and 14, if applicable. For any “Yes” answer the applicant shall provide details on a separate sheet. (See
instruction 7c and definitions)
Yes
No
12. Photograph
a. Are you under indictment or information in any court for a felony, or any other crime, for which the judge
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)
Affix
c. Are you a fugitive from justice? (See definition 1t)
Recent Photograph Here
d. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any
(Approximately 2” x 2”)
other controlled substance? Warning: The use or possession of marijuana remains unlawful under
(See instruction 2e)
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)
13a. 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):
Yes
No
b.
Have you ever renounced your United States citizenship?
c.
Are you an alien illegally or unlawfully in the United States?
d.1. Are you an alien who has been admitted to the United States under a nonimmigrant visa?
d.2. If “yes”, do you fall within any of the exceptions stated in the instructions? Attach the documentation to the application
N/A
14. If you are an alien, record your U.S.-Issued Alien or Admission number (AR#, USCIS#, or 194#):
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.
Date
Signature of Maker
ATF E-Form 1 (5320.1)
ATF Copy
Revised August 2017
15. Number of Responsible Persons (see definitions) associated with the applicant trust or legal entity
16. 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
17. Method of Payment (Check one) (See instruction 2h) (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 E-Form 1 (5320.1)
ATF Copy
Revised August 2017
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.
j. Make. The term “make”, and the various derivatives of such word, shall
include manufacturing (other than by one qualified to engage in such
a. National Firearms Act (NFA). Title 26, United States Code, Chapter 53.
business under the NFA), putting together, altering, any combination of
The implementing regulations are found in Title 27, Code of Federal
these, or otherwise producing a firearm.
Regulations, Part 479.
k. Reactivation. The restoration of a registered unserviceable NFA firearm to
b. Gun Control Act (GCA). Title 18, United States Code, Chapter 44.
a functional condition. This action incurs the making tax liability.
The implementing regulations are found in Title 27, Code of Federal
Regulations, Part 478.
l. Unserviceable Firearm. One which is incapable of discharging a shot
by means of an explosive and incapable of being readily restored to firing
c. Firearm. The term “firearm” means: (1) a shotgun having a barrel or
condition. An acceptable method of rendering most firearms unserviceable
barrels of less than 18 inches in length; (2) a weapon made from a
is to fusion weld the chamber closed and fusion weld the barrel solidly to
shotgun if such weapon as modified has an overall length of less than 26
the frame.
inches or a barrel or barrels of less than 18 inches in length; (3) a rifle
m. Maker. A person applying to make an NFA firearm.
having a barrel or barrels of less than 16 inches in length; (4) a weapon
made from a rifle if such weapon as modified has an overall length of less
than 26 inches or a barrel or barrels of less than 16 inches in length; (5)
n. Prohibited Person. Generally, 18 U.S.C. § 922 (g) prohibits the shipment,
any other weapon, as defined in 26 U.S.C. § 5845(e); (6) a machinegun;
transportation, receipt, or possession in or affecting interstate commerce
(7) a muffler or a silencer for any firearm whether or not such firearm is
of a firearm by one who: has been convicted of a misdemeanor or crime of
included within this definition; and (8) a destructive device,as defined in 26
domestic violence; has been convicted of a felony, or any other crime, pun
U.S.C. § 5845 (f).
ishable by imprisonment for a term exceeding one year (this does not
include State misdemeanors punishable by imprisonment of two years or
d. Person. A partnership, company, association, trust, corporation, including each
less); is a fugitive from justice, is an unlawful user of, or addicted to,
responsible person associated with such an entity; an estate; or an individual.
marijuana or any depressant, stimulant, or narcotic drug, or any other
controlled substance; has been adjudicated as a mental defective or has
e. Responsible Person. In the case of an unlicensed entity, including any
been committed to a mental institution; has been discharged from the
trust, partnership, association, company (including any Limited Liability
Armed Forces under dishonorable conditions, has renounced his or her
Company (LLC)), or corporation, any individual who possesses, directly or
U.S. citizenship; is an alien illegally in the United States or an alien
indirectly, the power or authority to direct the management and policies of
admitted to the United States under a nonimmigrant visa; or is subject to
the trust or entity to receive, possess, ship, transport, deliver, transfer or
certain restraining orders. Furthermore, Section 922 (n) prohibits the ship
otherwise dispose of a firearm for, or on behalf of, the trust or legal entity.
ment, transportation, or receipt in or affecting interstate commerce of a
In the case of a trust, those persons with the power or authority to direct
firearm by one who is under indictment or information for a felony in any
the management and policies of the trust includes any person who has the
Federal, State or local court, or any other crime, punishable by imprison
capability to exercise such power and possesses, directly or indirectly,
ment for a term exceeding one year. An information is a formal accusation
the power or authority under any trust instrument, or under State law, to
of a crime verified by a prosecutor.
receive, possess, ship, transport, deliver, transfer, or otherwise dispose of
a firearm for, or on behalf of the trust. Examples of who may be
EXCEPTION: A person who has been convicted of a felony, or any other
considered a responsible person include settlors/grantors, trustees, partners,
crime, for which the judge could have imprisoned the person for more
members, officers, directors, board members, or owners. An example of
than one year, or who has been convicted of a misdemeanor crime of
who may be excluded from this definition of responsible person is the
domestic violence, is not prohibited from purchasing, receiving, or possess
beneficiary of a trust, if the beneficiary does not have the capability to
ing a firearm if: (1) under the law of the jurisdiction where the conviction
exercise the enumerated powers or authorities.
occurred, the person has been pardoned, the conviction has been expunged
or set aside, or the person has had their civil rights (the right to vote, sit on a
f. Employer Identification Number (EIN). Required of taxpayer filing
jury, and hold public office) taken away and later restored AND (2) the person
special (occupational) tax returns under 27 CFR § 479.35.
is not prohibited by the law of the jurisdiction where the conviction occurred
from receiving or possessing firearms. Persons subject to this exception should
g. Special (Occupational) Tax. Required by the NFA to be paid by a
mark “no” in the applicable box.
Federal firearms licensee engaged in the business of manufacturing
(Class 2), importing (Class 1), or dealing (Class 3) in NFA firearms.
o. Adjudicated As a Mental Defective. A determination by a court, board,
commission, or other lawful authority that a person, as a result of marked
h. Federal Firearms License. A license issued under the provisions of the
subnormal intelligence, or mental illness, incompetency, condition, or disease:
GCA to manu facture, import or deal in firearms.
(1) is a danger to himself or to others; or (2) lacks the mental capacity to contract
or manage his own affairs. This term shall include; (1) a finding of insanity by a
i. ATF Officer. An officer or employee of the Bureau of Alcohol,
court in a criminal case; and (2) those persons found incompetent to stand trial or
Tobacco, Firearms and Explosives (ATF) authorized to perform any
found not guilty by reason of lack of mental responsibility.
ATF E-Form 1 (5320.1)
function relating to the administration of the NFA.
Revised August 2017
Instruction (Continued)
p. Committed to a Mental Institution. A formal commitment of a person
documentation under 13.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 institu
or the Government’s mission to an international organization having its
tion in a state proceeding is not prohibited by the adjudication or commitment
headquarters in the United States; (4) is an official representative of a
if the person has been granted relief by the adjudicating/committing state
foreign government who is en route to or from another country to which
pursuant to a qualifying mental health relief from disabilities program. Also,
that alien is accredited; (5) is an official of a foreign government or a
a person who has been adjudicated as a mental defective or committed to a
distinguished foreign visitor who has been so designated by the
mental institution by a department or agency of the Federal Government
Department of State; (6) is a foreign law enforcement officer of a friendly
is not prohibited by the adjudication or commitment if either: (a) the person’s
foreign government entering the United States on official law enforcement
adjudication or commitment was set-aside or expunged by the adjudicating/
business; (7) has received a waiver from the prohibition from the Attorney
committing agency; (b) the person has been fully released or discharged
General of the United States.
from all mandatory treatment, supervision, or monitoring by the agency; (c) the
person was found by the agency to no longer suffer from the mental health
t. Fugitives from Justice. Any person who has fled from any State to avoid
condition that served as the basis of the initial adjudication/commitment; or (d)
prosecution for a felony or a misdemeanor, or any person who leaves the
the adjudication or commitment, respectively is based solely on a medical
State to avoid giving testimony in any criminal proceeding. The term also
finding of disability, without an opportunity for a hearing by a court, board,
includes any person who knows that misdemeanor or felony charges are
commission, or other lawful authority, and the person has not been adjudicated
pending against such person and who leaves the State of prosecution.
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 adjudicating/committing
2.
Preparation of Application and Payment of Tax.
agency pursuant to a qualified mental health relief from disabilities program.
Persons who fall within one of the above exceptions should mark “no” in the
a. Authority. As provided by 26 U.S.C. § 5822, any person (other than a
applicable box. This exception to an adjudication or commitment by a Federal
qualified manufacturer of firearms (see paragraph b)) seeking to make a
department or agency does not apply to any person who was adjudicated to be
firearm must submit, in duplicate, a separate application on this form
not guilty by reason of insanity, or based on a lack of mental responsibility,
for each firearm. The applicant maker must furnish all the information
or found incompetent to stand trial, in any criminal case or under the Uniform
called for, except as noted by instructions within, on this application form.
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
c. Payment of/Exemption from Payment of Tax. As provided in 26 U.S.C.
explicitly prohibits the use, attempted use, or threatened use of physical
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
d. Completion of Form (Note: If the applicant is a Federal firearms
spouse, parent, or guardian of the victim, by a person with whom the
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 and 16
cohabited with the victim as a spouse, parent, or guardian, or by a person
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 complete name and mailing
of physical force or the threatened use of a deadly weapon (e.g., assault
address in item 3b. If a post office box address is used, the
and battery), if the offense is committed by one of the defined parties. (See
physical address shall be entered in item 3c. If the applicant is a trust
Exception in the definition of “Prohibited Person”). A person who has
or legal entity, show only the complete name of the trust or legal entity
been convicted of a misdemeanor crime of domestic violence also is not
and do not include any individual names (such as names of trustees
prohibited unless; (1) the person was represented by a lawyer or gave up the
or corporate officials). The address shall be the location within the
right to a lawyer; or (2) if the person was entitled to a jury, was tried by a
particular state where the firearm will be maintained for a trust or legal
jury, or gave up the right to a jury trial. Persons subject to this exception
entity. In the case of two or more locations for a legal entity, the address
should mark “no” in the applicable box.
shown shall be the principal place of business within the particular state
(or principal office, in the case of a corporation).
s. Alien Admitted to the United States Under a Nonimmigrant Visa. An
(2) If the applicant is an individual, the entire Form 1 shall be completed
alien admitted to the United States under a nonimmigrant visa includes,
except for items 15 and 16. In addition, the applicant must include
among others, persons visiting the United States temporarily for business
his or her fingerprints on FBI Form FD-258 and his or her photographs
or pleasure, persons studying in the United States who maintain a residence
(see instruction 2g).
abroad, and certain temporary foreign workers. These aliens must answer
(3) If the applicant is other than an individual, e.g., a trust or legal entity
“yes” to question 13.d.1 and provide the additional documentation required
such as a corporation, the applicant shall not complete items 11, 12,
under question 13.d.2. Permanent resident aliens and aliens legally
13, and 14. All other items must be completed including the signing of
admitted to the United States pursuant to either the Visa Waiver Program or
the Certification statement.
to regulations otherwise exempting them from visa requirements may
ATF E-Form 1 (5320.1)
answer “no” to this quesion and are not required to submit the additional
Revised August 2017

Download ATF Form 5320.1 Atf Form 1 - Application to Make and Register a Firearm

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