smartpdfforms.com
Homepage ⇒ Blank Atf 1 PDF Template
Navigation

Understanding the ATF Form 1 and its implications is crucial for anyone looking to legally manufacture or register a firearm under the National Firearms Act (NFA). Administered by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), part of the U.S. Department of Justice, this form, officially known as the Application to Make and Register a Firearm, serves multiple purposes. It is designed to facilitate the legal creation and registration of NFA firearms, which includes but is not limited to short-barreled rifles, shotguns, and suppressors. By requiring comprehensive information about the applicant, including full legal names, mailing addresses, and specific details about the firearm being made or modified, the ATF Form 1 plays a pivotal role in the regulatory oversight of firearm manufacturing within private entities. Importantly, this form also necessitates a tax payment of $200 with certain exemptions applied for government entities and law enforcement officials, underscoring the financial aspect of firearm registration and manufacture. Moreover, it contains provisions for law enforcement notification, aiming to ensure that local authorities are aware of potential NFA items being made within their jurisdiction. Whether for an individual, corporation, or trust, compliance with the detailed instructions provided with the form ensures that applicants navigate the legalities surrounding the making and possession of NFA-regulated firearms effectively, thus maintaining adherence to federal law.

Preview - Atf 1 Form

U.S. Department of Justice

OMB No. 1140-0011 (08/31/2022)

 

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.

 

 

 

a. Tax Paid. Submit your tax payment of $200

 

2.

Application is made by:

 

 

 

Corporation

 

Individual

 

3a. Trade name

(If any)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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)

 

 

 

(See definition 2k)

 

 

Gauge

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 Copy

ATF Form 1 (5320.1)

 

 

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)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Information for the Chief Law Enforcement Officer

 

 

12.

Photograph

 

 

 

 

 

 

 

 

 

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

 

 

 

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

 

No Stapling. Please Tape

 

 

15.d. or 15.e. could disqualify a person from acquiring or possessing a firearm. Also, ATF will not approve an application

 

 

 

Sides of Photo to the 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

 

 

 

 

 

could imprison you for more than one year? (See definition 1n)

 

 

 

 

last 4 of SSN.

 

 

 

 

 

 

 

 

 

 

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

Hispanic or Latino

14b. Race

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#):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

17.

Have you been issued a Unique Personal Identification Number (UPIN)? (See instruction 2f)

Yes

No 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 Copy

 

ATF Form 1 (5320.1)

 

 

 

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)

 

Check (Enclosed)

Cashier’s Check or

Visa

Mastercard

American

Discover

Diners Club

 

 

 

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 Copy

ATF Form 1 (5320.1)

Revised September 2019

PrivacyActInformation

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.

a.National Firearms Act (NFA). Title 26, United States Code, Chapter 53.

The implementing regulations are found in Title 27, Code of Federal Regulations, Part 479.

b.Gun Control Act (GCA). Title 18, United States Code, Chapter 44.

The implementing regulations are found in Title 27, Code of Federal Regulations, Part 478.

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 shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rifle 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) any other weapon, as defined in 26 U.S.C. § 5845(e); (6) a machinegun;

(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

U.S.C. § 5845 (f).

d.Person. A partnership, company, association, trust, corporation, including each responsible person associated with such an entity; an estate; or an individual.

Section A

e.Responsible Person. In the case of an unlicensed entity, including any trust, partnership, association, company (including any Limited Liability Company (LLC)), or corporation, any individual who possesses, directly or indirectly, the power or authority to direct the management and policies of the trust or entity to receive, possess, ship, transport, deliver, transfer or otherwise dispose of a firearm for, or on behalf of, the trust or legal entity.

Section B

Trust: Those persons with the power or authority to direct the management and policies of the trust includes any person who has the capability to exercise such power and possesses, directly or indirectly, the power or authority under any trust instrument, or under State law, to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of the trust. Examples of who may be considered a responsible person include settlors/grantors, trustees, partners, members, officers, directors, board members, or owners. An example of who may be excluded from this definition of responsible person is the beneficiary of a trust, if the beneficiary does not have the capability to exercise the enumerated powers or authorities.

f.Employer Identification Number (EIN). Required of taxpayer filing special (occupational) tax returns under 27 CFR § 479.35.

g.Special (Occupational) Tax. Required by the NFA to be paid by a

Federal firearms licensee engaged in the business of manufacturing (Class 2), importing (Class 1), or dealing (Class 3) in NFA firearms.

h.Federal Firearms License. A license issued under the provisions of the

GCA to manufacture, import or deal in firearms.

Tobacco, Firearms and Explosives (ATF) authorized to perform any function relating to the administration of the NFA.

j.Make. The term “make”, and the various derivatives of such word, shall include manufacturing (other than by one qualified to engage in such business under the NFA), putting together, altering, any combination of these, or otherwise producing a firearm.

k.Reactivation. The restoration of a registered unserviceable NFA firearm to a functional condition. This action incurs the making tax liability.

l.Unserviceable Firearm. One which is incapable of discharging a shot by means of an explosive and incapable of being readily restored to firing condition. An acceptable method of rendering most firearms unserviceable is to fusion weld the chamber closed and fusion weld the barrel solidly to the frame.

m.Maker. A person applying to make an NFA firearm.

n.Prohibited Person. Generally, 18 U.S.C. § 922 (g) prohibits the shipment, transportation, receipt, or possession in or affecting interstate commerce of a firearm by one who: has been convicted of a misdemeanor or crime of domestic violence; has been convicted of a felony, or any other crime, pun ishable by imprisonment for a term exceeding one year (this does not include State misdemeanors punishable by imprisonment of two years or less); is a fugitive from justice, is an unlawful user of, or addicted to, marijuana or any depressant, stimulant, or narcotic drug, or any other controlled substance; has been adjudicated as a mental defective or has been committed to a mental institution; has been discharged from the

Armed Forces under dishonorable conditions, has renounced his or her

U.S. citizenship; is an alien illegally in the United States or an alien admitted to the United States under a nonimmigrant visa; or is subject to certain restraining orders. Furthermore, Section 922 (n) prohibits the ship ment, transportation, or receipt in or affecting interstate commerce of a firearm by one who is under indictment or information for a felony in any

Federal, State or local court, or any other crime, punishable by imprison ment for a term exceeding one year. An information is a formal accusation of a crime verified by a prosecutor.

EXCEPTION: A person who has been convicted of a felony, or any other crime, for which the judge could have imprisoned the person for more than one year, or who has been convicted of a misdemeanor crime of domestic violence, is not prohibited from purchasing, receiving, or possess ing a firearm if: (1) under the law of the jurisdiction where the conviction 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 jury, and hold public office) taken away and later restored AND (2) the person is not prohibited by the law of the jurisdiction where the conviction occurred from receiving or possessing firearms. Persons subject to this exception should mark “no” in the applicable box.

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 subnormal intelligence, or mental illness, incompetency, condition, or disease:

(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,

ATF Form 1 (5320.1)

 

Revised September 2019
ATF Form 1 (5320.1) 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

 

Committed to a Mental Institution. A formal commitment of a person

 

answer “no” to this question and are not required to submit the additional

p.

 

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

EXCEPTION NICS Improvement Amendments Act of 2007: A person who

 

for lawful hunting or sporting purposes; (3) is an official representative of

 

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

 

Fugitives from Justice. Any person who has fled from any State to avoid

agency; (c) the person was found by the agency to no longer suffer from the

t.

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)

2. Preparation of Application and Payment of Tax.

of title 18, United States Code; or (e) the person was granted relief from the

adjudicating/committing agency pursuant to a qualified mental health relief

 

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

a.

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

q.

Restraining Order. Under 18 U.S.C. § 922, firearms may not be sold to

 

use in compliance with instruction 2g and item 10 of the form.

 

Registration by Qualified Manufacturer. A person who has a Federal

 

or received by persons subject to a court order that; (A) was issued after

b.

 

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

 

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

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

 

Misdemeanor Crime of Domestic Violence. A Federal, State, local, tribal

 

being made for a government entity, such as a United States government

r.

 

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

 

Completion of Form (Note: If the applicant is a Federal firearms

 

spouse, parent, or guardian of the victim, by a person with whom the

d.

 

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

 

Alien Admitted to the United States Under a Nonimmigrant Visa. An

 

 

shown shall be the principal place of business within the particular state

s.

 

 

(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).

 

under question 11.d.2. Permanent resident aliens and aliens legally

 

 

 

(3)If the applicant is other than an individual, e.g., a trust or legal entity such as a corporation, the applicant shall not complete items 11, 12,

13, 14, 15, 16 and 17. All other items must be completed including the signing of the Certification statement. See 2.d.5. for Responsible

Person Requirements.

(4)Documentation of entity existence: (a) If the applicant is other than an individual, the applicant must attach documentation evidencing the existence and validity of the entity, which includes complete and unredacted copies of partnership agreements, articles of incorporation, corporate registration, declarations of trust with any trust schedules, attachments, exhibits, and enclosures. (b) If the applicant entity has had an application approved as a maker or transferee within the preceding 24 months of the date of filing this application, and there has been no change to the documentation evidencing the existence and validity of the entity previously provided, the entity may provide a certification that the information has not been changed since the prior approval and shall identify the application for which the documentation had been submitted by form number, serial number, and date approved.

(5)If the applicant is other than an individual, each responsible person

(see definition 1e) for the trust or legal entity must include a completed

ATF Form 5320.23, National Firearms Act (NFA) Responsible Person Questionnaire, with the submitted Form 1.

(6)Item 18 (Method of Payment) is obscured on the ATF copy 2 (Registrant) and the CLEO copy. In addition, item 4g (serial number) is obscured on the CLEO copy. These fields do not require completion on these copies.

e.Photograph and Fingerprints. An individual maker (including any

Federally licensed collector who is an individual but not any other type of Federal firearms licensee) must (1) attach to each copy except for the CLEO copy in item 12 of the ATF Form 1, a 2 inch x 2 inch photograph of his/her frontal view taken within one year prior to the date of the application and (2) submit two properly completed FBI Forms FD-258

(Fingerprint Card with blue lines) with application. The fingerprints must be clear for accurate classification and taken by someone properly equipped to take them.

f.Social Security and UPIN. The Social Security number and UPIN are not required. However, this information assists with the efficient completion of the NICS background check. Please be aware that refusal to provide this information may result in a delay in the NICS background check process.

g.Signatures. All signatures required on ATF Form 1 must be original in ink on both copies. Exceptions: In the case of eforms on where a variance has been granted a Digital/Electronic signature may be used.

(1)if the applicant is an individual, the applicant shall sign the form;

(2)if the applicant is a trust or legal entity, a responsible person of the trust or legal entity shall sign the form;

(3)if the applicant is a Federal firearms licensee, a responsible person of the Federal firearms licensee shall sign the form; or

(4)if the applicant is a government entity, a person who has a authority to sign for the entity shall sign the form.

h.Law Enforcement Notification. The applicant must provide a copy of the

Form 1 to the chief law enforcement officer (CLEO) who has jurisdiction over the area of the applicant’s address shown in item 3b of the Form 1. In addition, if the applicant is other than an individual, a copy of the Form 5320.23, National Firearms Act (NFA) Responsible Person Questionnaire, for each responsible person must be provided to their respective chief law enforcement officer. The chief law enforcement officer is considered to be the Chief of Police; the Sheriff; the Head of the State Police; or a State or local district attorney or prosecutor.

i.Remittance. If the application is subject to the $200 making tax, please complete item 20 of the ATF Form 1. Please note that you may pay the tax by credit/debit card, check, or money order. The check or money order is to be made payable to ATF. Do not send cash.

jPhotocopies, Computer Generated Versions or Download Version.

The form may be copied or downloaded (for example, from the ATF website (www.atf.gov)). The form does not have to be printed front to back.

k.Description of Firearm and Markings. (1) Item 4a. If you are modifying

an existing firearm, enter the name and location of the original manufacturer. If you are creating the firearm, enter the maker’s name, city and state.

(2)Item 4b. The types of NFA firearms are listed in the definitions; (3) Item 4c. Specify one caliber or gauge. If there is another designation, indicate the designation in item 4h. (4) Item 4d. Show the model designation (if known). (5) Item 4e and 4f. Specify one barrel length and overall length in items 4e and 4f as applicable. Note: if the firearm has a folding or collapsible stock, the overall measurement is to be made with the stock extended. (6) Item 4g. Do not alter or modify the serial number of an existing firearm . Enter the existing serial number or, if a new firearm, one you create. (7) Markings: The maker is required to mark the firearm with the maker’s name, city and state as shown in item 3b. All markings are to be in compliance with 27 CFR 478.92 and 479.102.

l.State or Local Permit. If a state or local permit or license is required before the making of the firearm, a copy of the permit or license must be submitted with the application. If the applicant is a trust or legal entity, when the State of residence or any responsible person requires a State or local permit or license, a copy of the permit or license must be submitted with Form 5320.23, National Firearms Act (NFA) Responsible Person Questionnaire.

m.Compliance with explosives laws (18 U.S.C. Chapter 40) and regulations (27 CFR Part 555). If the application is for a destructive device utilizing explosive materials, check the Explosives box in item 4.j and provide the type(s) of explosives to be used. If the applicant is other than a government agency, item 5 must be completed with an explosives license or permit number issued to the applicant. If the applicant is other than an individual, such as a legal entity, and does not have an explosives license or permit, then a responsible person for the applicant must have a license or permit and enter the information in item 5. To comply with the explosives laws and regulations, any member of a legal entity must also be identified as a responsible person or employee possessor on the explosives licenser or permit. A trust cannot be issued an explosives license or permit.

n.Submission. The maker shall submit 2 complete forms (ATF copy and registrant copy) with original signatures to the NFADivision at the address on the face of the form. Theapplicantshalldirecta3rdcompletecopyoftheformtothechieflocallaw enforcement officer (CLEO) as provided in instruction 2g and item 10.

3.Approval of Application. Upon approval of an application, the NFA Division will affix the NFA tax stamp (if any) to the application, cancel it, and return the approved copy to the maker. The approval of the application effectuates registration of the firearm to the maker; however, the firearm must not be made until the applicant has been approved.

4.Withdrawal of Application. The maker may withdraw the application prior to approval by the submission of a signed, written request to the Chief, NFA Division either by mail to 244 Needy Road, Martinsburg, WV 25405 or by emailing a signed copy to nfafax@atf.gov. The NFA Division will arrange for

arefund of any tax paid.

5.Cancellation of Approved Application. An approved application may be can celled only if the firearm had not been made or modified. The maker must return the approved application with original tax stamp affixed with a written request for cancel lation, citing the need and that the making of the firearm did not take place. The NFA Division will arrange for a refund of any tax paid.

6.Disapproval of Application. If the application is disapproved, the NFA Division will note the reason for disapproval on the application and return one copy to the maker. The NFA Division will arrange for a refund of any tax paid.

7.Reason for Disapproval. 26 U.S.C. § 5822 provides that applications shall be denied if the making or possession of the firearm would place the maker in violation of law.

a.Violation of Law. Applications shall be denied if the making or

possession of the firearm would place the person making the firearm in violation of law.

ATF Form 1 (5320.1)

Revised September 2019

b.Machineguns. 18 U.S.C. § 922 (o) provides that a machinegun may be made only for government use or export. An application will be denied unless the making meets these criteria.

c.Persons Prohibited from Making a Firearm. The application will be disapproved if the maker is a person prohibited from possessing a firearm. For information regarding persons prohibited from possessing a firearm, refer to definitions 1n through 1t.

8.Inquiries. Information relating to the NFA and other firearms laws is available at the ATF Internet website at www.atf.gov. Any inquiry relating to the status

of an application to transfer an NFA firearm or about procedures in general should be directed to the NFA Division at (304) 616-4500 or emailed to nfa@atf.gov. Please be aware that any dissemination by ATF of information relating to the application to register an NFA firearm must conform with the restrictions in 26 U.S.C. § 6103.

9.Penalties. Any person who violates or fails to comply with any of the requirements of the NFA shall, upon conviction, be fined not more than $10,000 or be imprisoned for not more than 10 years, or both. Any firearm involved in a violation of the NFA shall be subject to seizure and forfeiture. It is unlawful for any person to make or cause the making of a false entry on any application or record required by the NFA knowing such entry to be false.

10.Compliance with the Gun Control Act. Person must also comply with all relevant portions of the GCA.

ATF Form 1 (5320.1) Revised September 2019

 

U.S. Department of Justice

 

 

 

 

 

 

 

 

 

 

 

OMB No. 1140-0011 (08/31/2022)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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.

 

 

 

a. Tax Paid. Submit your tax payment of $200

2.

Application is made by:

 

Corporation

 

Individual

3a. Trade name (If any)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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)

(See definition 2k)

 

Gauge

 

 

 

 

 

 

 

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 Copy 2 - To Be Returned To Registrant

ATF Form 1 (5320.1)

 

 

 

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)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Information for the Chief Law Enforcement Officer

 

 

 

 

 

 

 

 

12.

Photograph

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

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

 

 

No Stapling. Please Tape

 

 

 

 

 

 

15.d. or 15.e. could disqualify a person from acquiring or possessing a firearm. Also, ATF will not approve an application

 

 

Sides of Photo to the 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

 

 

 

 

 

 

 

 

 

 

could imprison you for more than one year? (See definition 1n)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

last 4 of SSN.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date of Birth:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

14a. Ethnicity

Hispanic or Latino

 

14b. Race

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#):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

17.

Have you been issued a Unique Personal Identification Number (UPIN)? (See instruction 2f)

Yes

 

No

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 Copy 2 - To Be Returned To Registrant

ATF Form 1 (5320.1)

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 Copy 2 - To Be Returned To Registrant

ATF Form 1 (5320.1)

Revised September 2019
Download Atf 1 PDF Form

Form Data

Fact Name Fact Detail
Form Title ATF Form 1 (5320.1) - Application to Make and Register a Firearm
Governing Law National Firearms Act, Title 26 U.S.C., Chapter 53
OMB No. 1140-0011
Expiration Date August 31, 2022
Application Submission Submitted in duplicate to the National Firearms Act Division, Bureau of Alcohol, Tobacco, Firearms and Explosives
Tax Payment Types Payment by credit or debit card, check, or money order is accepted
Law Enforcement Notification Applicants must notify the chief law enforcement officer of their intent to make and possess the firearm
Photograph and Fingerprints Required for individual makers, including specifications for photograph size and fingerprint card submission
Special Occupational Tax Status Applicable for those engaged in the business of manufacturing, importing, or dealing in NFA firearms
Responsible Person Information Required for trusts or legal entities, involving all responsible persons associated with the entity

Instructions on Utilizing Atf 1

The ATF Form 1, officially known as the Application to Make and Register a Firearm, is a document required for individuals, trusts, corporations, or other legal entities in the United States wishing to manufacture or modify a firearm in a way that it becomes regulated under the National Firearms Act (NFA). Completing this form accurately is critical to ensure compliance with federal law, and it involves providing detailed information about the applicant, the firearm to be made or modified, as well as payment of a tax fee unless exempt. Following these instructions will guide you through the process of filling out the form correctly.

  1. Select the Type of Application: Check the appropriate box to indicate whether the application is tax paid, tax-exempt because the firearm is being made on behalf of the United States, or a state or political subdivision thereof.
  2. Application Made By: Indicate if the application is being made by an individual, corporation, trust, government entity, or other legal entity.
  3. Applicant's Details:
    • Enter the trade name if applicable.
    • Provide the applicant’s full legal name and mailing address. If a P.O. Box is given, also provide a street address.
    • List county or parish, telephone number, and email address.
  4. Description of Firearm:
    • Fill in the name and address of the original manufacturer/importer, type of firearm, caliber or gauge, model, barrel length, overall length, serial number, and any additional description required, including maker’s markings and why the firearm is being made. Specify the type of destructive device, if applicable.
  5. If the firearm is being reactivated, check "Yes" or "No" as appropriate.
  6. Provide your Federal Firearms License or Explosive License or Permit Number if you have one.
  7. Enter Special (Occupational) Tax Status, including Employer Identification Number and Class, if applicable.
  8. Law Enforcement Notification: Provide the agency or department name, name and title of the official, and adress to which notification of the making and possession of the firearm will be sent.
  9. Maker's Certification: Sign and date the certification, verifying that a completed form has been directed to the chief law enforcement officer listed.
  10. Payment Method: Select the method of payment for the tax, and if paying by credit/debit card, complete the requested information.

After completing the ATF Form 1, including any necessary attachments and payment, submit the application in duplicate and without stapling the documents. Remember to include a 2"x2" photograph and fingerprints if applying as an individual. The process concludes with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) reviewing the application. If approved, the ATF will affix and cancel the required National Firearms Act Stamp, officially registering the firearm in your name or the name of the legal entity.

Obtain Answers on Atf 1

  1. What is ATF Form 1 and who needs to fill it out?

    ATF Form 1, also known as the Application to Make and Register a Firearm, is required by the U.S. Department of Justice and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). It is used to apply for permission to manufacture or modify a firearm under the National Firearms Act (NFA). Individuals, trusts, corporations, and other legal entities seeking to create an NFA item, such as a suppressor, short-barreled rifle, or shotgun, must complete this form.

  2. What types of firearms require the submission of ATF Form 1?

    The form is necessary for the creation or modification of firearms classified under the NFA, including but not limited to short-barreled rifles, short-barreled shotguns, suppressors (silencers), machine guns, and destructive devices. This form does not apply to ordinary firearms not regulated by the NFA.

  3. What is the tax payment associated with ATF Form 1?

    A tax payment of $200 is required when submitting ATF Form 1 for most types of NFA firearms. There are exceptions for certain government-related applications, which might be tax-exempt. The tax payment, once made, covers the cost of registering the firearm under the National Firearms Act.

  4. Can an individual file ATF Form 1, or is it only for businesses and trusts?

    Both individuals and entities such as corporations, trusts, or other legal entities can file ATF Form 1. The form includes sections specific to the type of applicant, ensuring that whether you're an individual or part of a broader entity, you can apply to make and register an NFA item legally.

  5. How does one submit ATF Form 1, and where?

    ATF Form 1 is submitted in duplicate to the National Firearms Act Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives. The current mailing address for submissions is provided on the form. Applicants are advised not to staple documents and to include the necessary tax payment with their submission. Electronic submission is also available to individuals through the ATF's eForms system.

  6. What information and documents are required with ATF Form 1?

    In addition to the completed ATF Form 1, applicants must include a 2"x2" photograph, fingerprints on an FBI FD-258 form, and the applicable tax payment unless exempted. Individuals must also provide information pertaining to the proposed firearm, including its description, and notify the chief law enforcement officer in their area.

  7. Are there any exemptions to the tax or the requirement to file ATF Form 1?

    Yes, there are exemptions. Firearms being made on behalf of the United States or any department or agency thereof, or any State or possession, or any political subdivision thereof, may be exempt from the tax. Additionally, certain government entities may be exempt from filing this form under specific circumstances.

  8. What happens after ATF Form 1 is submitted and approved?

    Upon approval, the ATF will affix and cancel the required National Firearms Act Stamp and return a copy of the approved form, which then serves as evidence of registration of the firearm in the applicant's name. The approved form should be kept with the firearm at all times as proof of registration and legality.

  9. How long does it take to get ATF Form 1 approved?

    The processing time for ATF Form 1 can vary greatly depending on the current backlog and whether the submission is done electronically or by paper. While electronic submissions can sometimes be processed in a few weeks to months, paper submissions may take longer. Applicants can check the status of their application by contacting the NFA Division.

  10. If my ATF Form 1 is disapproved, will I get my tax payment back?

    Yes, if your application is not approved, the ATF will refund the tax payment made with your application. The refund is processed back to the method of payment used at the time of submission.

Common mistakes

  1. Not providing a full legal name: Applicants often submit only their first and last name, omitting any middle names or suffixes which can lead to processing delays or denials.

  2. Using a P.O. Box without a physical address: A physical street address is required on the form, even if a P.O. Box is used for mailing purposes, to ensure accurate record-keeping and verification.

  3. Incorrect firearm description: Failing to accurately describe the firearm, including the type, model, caliber, or gauge, can invalidate the application.

  4. Omitting the original manufacturer's information: If the firearm to be made is based on an existing model, the original manufacturer’s details must be provided.

  5. Incomplete payment method information: Applicants sometimes forget to completely fill out the payment section or choose a payment method without providing the necessary details, such as card information.

  6. Forgetting to sign and date: The application requires a signature and date to certify that the information provided is correct. An unsigned or undated form cannot be processed.

  7. Not submitting in duplicate: The requirement to submit the application in duplicate is often overlooked. Both copies are necessary for processing.

  8. Stapling documents: The instructions specifically mention not to staple any documents, including photographs. Failure to comply can result in processing delays.

  9. Incorrect or no photo size: Photos must meet the 2” x 2” size requirement and adhere to the specified guidelines. Incorrectly sized photos can lead to application denial.

  10. Answering eligibility questions inaccurately: Misunderstanding or incorrectly answering the eligibility questions can result in significant legal consequences, including denial of the application or future legal complications.

Each of these mistakes can delay the processing of an ATF Form 1 application or result in its denial. It’s crucial for applicants to carefully review the form's instructions and double-check their application before submission.

Documents used along the form

Completing the ATF Form 1, also known as the Application to Make and Register a Firearm, is a crucial step for individuals or entities looking to legally manufacture or modify firearms under the National Firearms Act (NFA). However, this form is not the only document that might be required during the application process. Applicants often find themselves needing additional forms and documents to successfully navigate the complexities of NFA regulations.

  • FBI Form FD-258: This is the standard fingerprint card used across the United States for the electronic capture of fingerprints. When completing ATF Form 1, individual applicants must submit their fingerprints on this form to facilitate a background check. These fingerprints must be taken by a person qualified to record them to ensure they meet the FBI’s standard for clarity and accuracy.
  • Form 5320.23: The National Firearms Act (NFA) Responsible Person Questionnaire is required for responsible persons of trusts or legal entities submitting ATF Form 1. Each responsible person must complete this form, which includes personal information, a photograph, and fingerprints, all of which are used for a comprehensive background check.
  • ATF Form 4: Officially known as the Application for Tax Paid Transfer and Registration of Firearm, this document is necessary when an NFA item is transferred from one party to another. While not directly used with ATF Form 1, individuals looking to make a firearm that may later be sold or transferred will need to become familiar with ATF Form 4, as it's required for the lawful transfer of registered NFA items.
  • ATF Form 5320.20: The Application to Transport Interstate or to Temporarily Export Certain National Firearms Act (NFA) Firearms. If the maker or registrant of an NFA firearm intends to move the item across state lines, this form must be submitted and approved by the ATF prior to transportation. It ensures compliance with federal regulations concerning the interstate movement of NFA items.

Successfully registering a firearm under the NFA often requires attention to detail and a thorough understanding of the documentation required by the ATF. Applicants are encouraged to review and understand the purpose of each form and document in relation to their specific circumstances. Assistance from experts or legal advisors familiar with firearms law can be invaluable in navigating these regulatory requirements effectively.

Similar forms

  • The ATF Form 4473, "Firearms Transaction Record," is similar to the ATF Form 1 as both are required by federal law and involve the documentation and regulation of firearm transactions. The Form 4473 is used specifically for background checks in the sale or transfer of firearms by licensed dealers to individuals, ensuring the buyer does not fall into a category of disqualified persons. This is similar to the ATF Form 1, which registers the creation and ownership of a firearm under the National Firearms Act (NFA), aiming to prevent the unlawful creation and possession of certain types of firearms.

  • The ATF Form 4, "Application for Tax Paid Transfer and Registration of Firearm," closely relates to the ATF Form 1 because both involve the NFA's regulatory processes. ATF Form 4 is used when an individual or entity seeks to transfer an existing NFA firearm, requiring approval, a background check, and a tax payment, identical to the process for creating and registering an NFA firearm through Form 1. Both forms facilitate government oversight of particularly regulated firearms to ensure legal compliance.

  • The ATF Form 5320.20, "Application to Transport Interstate or to Temporarily Export Certain National Firearms Act (NFA) Firearms," shares a regulatory purpose with the ATF Form 1. While Form 1 is focused on the manufacture and initial registration of NFA firearms, Form 5320.20 is necessary for individuals who wish to move these firearms across state lines or temporarily export them. Both forms are essential for maintaining the legality of NFA firearm possession and transportation, following federal guidelines.

  • The ATF E-Form 7 (5310.12), "Application for Federal Firearms License," is akin to the ATF Form 1 in that both forms pertain to federal firearms regulation. While Form 1 deals with the creation and registration of NFA firearms, the E-Form 7 is used by individuals or entities applying to engage in the business of manufacturing, dealing, or importing firearms. Both are part of the broader framework planned by the ATF to ensure that those who make, sell, or transfer firearms are doing so legally and are properly registered and licensed per federal requirements.

  • The ATF Form 5, "Application for Tax Exempt Transfer and Registration of Firearm," parallels ATF Form 1 through its involvement in the NFA's mechanisms. Form 5 is primarily for the transfer of NFA firearms to law enforcement agencies for official use, government entities, or certain beneficiaries under estate conditions, without the transfer tax typically required. Similar to Form 1's purpose of regulating the creation and registration of NFA firearms, Form 5 regulates the tax-exempt transfer of these weapons, ensuring legal compliance while facilitating specific transfers free from the usual tax burdens.

Dos and Don'ts

When completing the ATF Form 1, it’s crucial to keep certain dos and don’ts in mind to ensure a smooth process. Here are some straightforward tips to help guide you:

Things you should do:
  • Double-check for accuracy: Make sure all the information provided on the form is true, accurate, and complete. Any mistake can delay the process or lead to denial.
  • Provide all required information: Fill out every section of the form as instructed, including all personal identification and firearm details. Skipping parts can result in processing delays.
  • Use the correct payment method: Ensure you include the appropriate tax payment with your application. Acceptable forms of payment are clearly listed, so choose one that’s convenient for you.
  • Notify the Chief Law Enforcement Officer (CLEO): Send a copy of the completed form to your CLEO as required. This step is crucial for the legal processing of your application.

Things you shouldn’t do:
  • Use staples on your documents: When submitting your application in duplicate, avoid using staples. Use paper clips instead to keep your documents together.
  • Leave sections incomplete: Do not skip any parts of the application. Incomplete applications cannot be processed and will be returned to you, which delays the entire process.
  • Forget to include a photograph and fingerprints: Forgetting to attach your 2" x 2" photograph and fingerprints (for individual applicants) can halt your application process.
  • Ignore local and state laws: Make sure the making and possession of your firearm comply with all local and state laws. Non-compliance can lead to legal issues beyond the ATF’s purview.

Misconceptions

Understanding the ATF Form 1 can be a bit tricky, and there are a few common misconceptions that often come up. Let’s clear the air on some of these to make the process a bit easier to navigate.

  • Only for Individuals: Some people think the ATF Form 1 is exclusively for individual use. However, it’s also applicable for corporations, trusts, and other legal entities. The form provides sections to specify the type of applicant, ensuring a broader range of entities can register a firearm under the National Firearms Act (NFA).
  • Tax Payment Is Avoidable: Another misconception is that the $200 tax payment can be avoided or is negotiable. The truth is, except for certain exemptions specified on the form (such as making a firearm on behalf of the United States or any State or possession thereof), this tax payment is mandatory and fixed for all applications. It’s a crucial part of the process to legally make and register a firearm under the NFA.
  • Quick Approval: Many applicants assume that the ATF Form 1 process is quick or has a guaranteed turnaround time. In reality, the approval process can be lengthy, taking several months to complete. The time frame can vary widely based on current demand, specific details of the application, and ATF backlog.
  • Immediate Possession After Approval: It's a common belief that immediately after approval, the applicant can take possession of the NFA item. However, until the approved form is returned with a tax stamp affixed, the making or possession of the described firearm is not authorized. The ATF’s stamp of approval and return of the form is what legally permits the applicant to proceed with making and possessing the NFA firearm.

Getting it right with ATF Form 1 is critical for legal compliance and the smooth registration of a firearm. Misunderstandings can lead to delays or denial of applications, so it’s essential to approach this process with accurate information and a clear understanding of the requirements.

Key takeaways

When engaging with the ATF Form 1, it's crucial to understand its purpose and requirements to ensure compliance with the law. This form is used for the application to make and register a firearm under the National Firearms Act (NFA). Here are five key takeaways to guide individuals and entities through this process:

  • Every applicant must fully complete the ATF Form 1 in duplicate, including providing all required personal information, descriptions of the firearm to be made, and the specific reason for its creation. This detailed account ensures that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) can accurately assess and process the registration of the firearm.
  • Applicants are required to pay a making tax of $200, unless the firearm is being created on behalf of a governmental entity, in which case the application may be exempt from this fee. It's essential to accurately determine the tax status to prevent any processing delays or denials.
  • Comprehensive instructions accompany ATF Form 1, guiding applicants through each section. These instructions offer clarity on terms, necessary documents, and steps to ensure the submission is accurate and complete.
  • The form mandates notification to the chief law enforcement officer (CLEO) of the applicant’s intent to manufacture and possess the NFA firearm. This requirement helps ensure local authorities are aware of the firearm's creation and the individual or entity responsible for it.
  • Completion and submission integrity: Under penalties of perjury, the applicant must declare that the information provided on the form, including all attached documents, is true, accurate, and complete. Furthermore, the applicant must certify that the possession of the firearm described will not violate any U.S. federal laws or any provisions of state or local law.

The careful completion of ATF Form 1 is not just a regulatory obligation; it represents a crucial step in responsibly engaging in the manufacture of firearms under the law. Applicants must thoroughly review all parts of the form, adhere to the guidelines provided, and ensure that their application does not contravene any local, state, or federal laws to facilitate a smooth approval process.

Please rate Blank Atf 1 PDF Template Form
4.69
Incredible
16 Votes

Popular PDF Forms

Gp5479Us - Protect and potentially grow your retirement savings by understanding your options through the detailed GP5479US form.

How to Renew Your Cna License in Texas - Through this form, the Texas Nurse Aide Registry ensures that only qualified individuals are caring for patients.

Escort Service Employment Contract - Serves as a comprehensive guide to the working relationship, expectations, and legal standings of the escort and agency involved.