Application For Tax Paid Transfer And Registration Of Firearm (Page 4 of 6) in pdf

Privacy Act Information

The following information is provided pursuant to Section 3 of the Privacy Act of 1974 (5 U.S.C. § 552(e)(3)):

1. Authority. Solicitation of this information is made pursuant to the National Firearms Act (26 U.S.C. § 5812). Disclosure of this information by the applicant is

mandatory for transfer of an NFA firearm, unless the transfer is otherwise exempt from tax.

2. Purpose. To insure payment of the tax imposed by 26 U.S.C. § 5811; to insure that the transfer 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

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 violation 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

j. Transfer. Selling, assigning, pledging, leasing, loaning, giving away, or

Definitions

otherwise disposing of a firearm.

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

k. Transferor. The person selling or otherwise disposing of a firearm;

implementing regulations are found in Title 27, Code of Federal Regulations,

including applying to transfer a firearm.

Part 479.

l. Transferee. The person acquiring the firearm.

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

The implementing regulations are found in Title 27, Code of Federal

m. Prohibited Person. Generally, 18 U.S.C. § 922(g) prohibits the shipment,

Regulations, Part 478.

transportation, receipt, or possession in or affecting interstate commerce

of a firearm by one who: has been convicted of a misdemeanor crime of

c. Firearm. The term “firearm” means: (1) a shotgun having a barrel or barrels of less

domestic violence; has been convicted of a felony, or any other crime,

than 18 inches in length; (2) a weapon made from a shotgun if such weapon as modi

punishable by imprisonment for a term exceeding one year (this does not

fied has an overall length of less than 26 inches or a barrel or barrels of less than 18

include State misdemeanors punishable by imprisonment of two years or

inches in length; (3) a rifle having a barrel or barrels of less than 16 inches in length;

less); is a fugitive from justice; is an unlawful user of, or addicted to,

(4) a weapon made from a rifle if such weapon as modified has an overall length of

mari juana or any depressant, stimulant, or narcotic drug, or any other

less than 26 inches or a barrel or barrels of less than 16 inches in length; (5) any other

controlled substance; has been adjudicated as a mental defective or has

weapon as defined in 18 U.S.C. § 5845(e); (6) a machinegun; (7) a muffler or silencer

been committed to a mental institution; has been discharged from the Armed

for any firearm whether or not such firearm is included within this definition; and (8) a

Forces under dishonorable conditions; has renounced his or her U.S.

destructive device.

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

d. Person. A partnership, company, association, trust, corporation, including

restraining orders. Furthermore, Section 922(n) prohibits the shipment,

each responsible person associated with such an entity; an estate; or an

transportation, or receipt in or affecting interstate commerce of a firearm

individual.

by one who is under indictment or information for a felony in any Federal,

State or local court, or any other crime punishable by imprisonment for a

e. Responsible Person. In the case of an unlicensed entity, including any trust,

term exceeding one year. An information is a formal accusation of a crime

partnership, association, company (including any Limited Liability

verified by a prosecutor.

Company (LLC)), or corporation, any individual who possesses, directly or

indirectly, the power or authority to direct the management and policies of

EXCEPTION: A person who has been convicted of a felony, or any other

the trust or entity to receive, possess, ship, transport, deliver, transfer or

crime, for which the judge could have imprisoned the person for more than

otherwise dispose of a firearm for, or on behalf of, the trust or legal entity.

one year, or who has been convicted of a misdemeanor crime of domestic

In the case of a trust, those persons with the power or authority to direct

violence, is not prohibited from purchasing, receiving, or possessing a firearm

the management and policies of the trust includes any person who has the

if: (1) under the law of the jurisdication where the conviction occurred, the

capability to exercise such power and possesses, directly or indirectly, the

person has been pardoned, the conviction has been expunged or set aside, or the

power or authority under any trust instrument, or under State law, to receive,

person has had their civil rights (the right to vote, sit on a jury, and hold public office) taken

possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm

away and later restored AND (2) the person is not prohibited by the law of the jurisdiction

for, or on behalf of the trust. Examples of who may be considered a

where the conviction occurred from receiving or possessing firearms. Persons subject to

responsible person include settlors/grantors, trustees, partners, members,

this exception should mark “no” in the applicable box.

officers, directors, board members, or owners. An example of who may

be excluded from this definition of responsible person is the beneficiary

n. Adjudicated as a Mental Defective. A determination by a court, board,

of a trust, if the beneficiary does not have the capability to exercise the

commission, or other lawful authority that a person, as a result of marked

enumerated powers or authorities.

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

f. Employer Identification Number (EIN). Required of taxpayer filing

or manage his own affairs. This term shall include: (1) a finding of insanity by

special (occupational) tax returns under 27 CFR § 479.35.

a court in a criminal case; and (2) those persons found incompetent to stand trial

or found not guilty by reason of lack of mental responsibility.

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

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

Federal firearms licensee engaged in the business of manufacturing (Class

2), importing (Class 1), or dealing (Class 3) in NFA firearms.

a mental institution by a court, board, commission, or other lawful authority.

The term includes a commitment to a mental institution involuntarily. The

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

term includes commitment for mental defectiveness or mental illness. It

GCA to manufacture, import or deal in firearms.

also includes commitments for other reasons, such as for drug use. The term

does not include a person in a mental institution for observation or a

i. ATF Officer. An officer or employee of the Bureau of Alcohol, Tobacco,

voluntary admission to a mental institution.

Firearms and Explosives (ATF) authorized to perform any function

relating to the administration of the NFA.

ATF Form 4 (5320.4)

Revised (

)

Application For Tax Paid Transfer And Registration Of Firearm Page 4

Related Articles

Related forms

Related Categories