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Special Notice

1. If a firearm is registered to the person from whom you obtained it, that

registration shall become a part of the National Firearms Registration and

person may submit ATF Form 5 for the tax exempt transfer of the

Transfer Record. Registration of such firearms has been required since

firearm to you, in lieu of your submission of ATF Form 10. If the

passage of the original National Firearms Act in 1934. On April 15, 1971,

transfer is approved, the restriction on further transfer of the firearm

the Supreme Court decided in the matter of U.S. vs. Freed, et al., and noted

which applies to firearms registered on ATF Form 10 would not apply.

that, "only possessors who lawfully make, manufacture, or import firearms

can and must register them." However, in order to assist law enforcement

2. Title 27 CFR 479.104 provides that any state, any political subdivision

agencies, while curtailing the flow of "gangster type" weapons into

thereof, or any official police organization of such a governmental

interstate commerce, the cited regulation was promulgated to permit the

entity engaged in criminal investigations which acquires for official use

limited registration of firearms by governmental entities for official use

a National Firearms Act weapon not registered to it such as by

only.When registration of a firearm on this form by a governmental entity

abandonment or by forfeiture, will register such firearm with the

is approved, the Bureau will approve subsequent transfer of such firearm to

Director by filing ATF Form 10, Application for Registration of

another qualified governmental entity only, for official use. Otherwise,

Firearms Acquired by Certain Governmental Entities, and that such

such firearm must be destroyed or abandoned to ATF.

Instructions

1. Preparation of this form.

on the frame or receiver of the firearm prior to the submission of the

form.

a. This form must be submitted in duplicate. Photostatic copies of this

form are not acceptable.

2. Disposition of this form - The applicant will forward the original and

one copy of the form to the National Firearms Act Branch, Bureau of

b. More than one firearm may be listed on each form or an attachment

Alcohol, Tobacco, Firearms and Explosives,

244 Needy Road,

listing may be used.

Martinsburg, WV 25401, (304)

616-4500. ATF will return the original

form, showing approval or disapproval, to the applicant. Approval

c. It is preferred that the original and carbon copy by typed, although

authorized by ATF will effect the registration of the firearm to the

pen and ink entries are acceptable.

governmental entity. The approved form must be retained with the

permanent records of the entity. Subsequent transfer of the firearm will

d. The signature on each copy must be in ink. Pencilled, photostatic,

be approved to another qualified governmental entity only.

or facsimile signatures are not acceptable.

3. Firearms Held for Use as Evidence - Firearms being held for use as

e. Serial Number - If the firearm being registered does not bear a serial

evidence in a criminal proceeding need not be registered if they are to

number, please contact the nearest Alcohol, Tobacco, Firearms and

be destroyed or abandoned to ATF when no longer needed as evidence.

Explosives office to have an ATF serial number assigned and placed

Definitions

The following types of firearms, whether serviceable or unserviceable, fall

4. Machinegun - Any weapon which shoots, is designed to shoot, or can be

within the purview of the National Firearms Act and must be registered to

readily restored to shoot, automatically more than one shot, without

the possessor to be lawfully possessed:

manual reloading, by single function of the trigger. The term also

includes the frame or receiver of any such weapon, any combination of

1. Short-barreled shotgun - Shotguns with barrels less than 18 inches long

parts designed and intended for use in converting a weapon into a

or any weapon made from a shotgun having an overall length of less

machinegun, and any combination of parts from which a machinegun

than 26 inches or a barrel less than 18 inches in length.

can be assembled if such parts are in the possession or under the control

of a person.

2. Short-barreled rifle - Rifles with barrels less than 16 inches long; or

any weapon made from a rifle having an overall length of less than 26

5. Destructive device - Destructive devices include explosive, incendiary

inches or a barrel less than 16 inches in length.

including so called "molotov cocktails") or poison gas bombs, grenades,

rockets, missiles, mines, and similar devices. Included in this category

3. Any other weapon - A weapon, except a conventional pistol or revolver

are anti-tank guns, bazookas and mortars and other military type

having a rifled bore, capable of firing a shot and being concealed on the

weapons with a bore of more than one-half inch diameter, other than a

person. Examples include: "pen" guns ostensibly designed to expel tear

sporting shotgun or shotgun ammunition.

gas but which fire fixed ammunition, H & R Handy Guns; Ithaca

Auto-Burglar guns; cane guns; and gadget-type firearms.

6. Muffler or silencer - A device for silencing, muffling, or diminishing the

report of any firearm whether or not such a firearm is included within

this listing.

Paperwork Reduction Act Notice

This form meets the clearance requirements of the Paperwork Reduction Act of 1995. The information you provide is used to properly identify the

registrant and the firearms to be registered. The form when approved, registers the firearm to the law enforcement agency. The furnishing of this

information is mandatory (26 U.S.C. 5853a).

The estimated average burden associated with this collection of information is 30 minutes 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, Document Services Branch, Bureau of Alcohol, Tobacco, Firearms and Explosives, Washington, D.C. 20226.

An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB

control number.

ATF E-Form 10 (5320.10)

Revised July 2005

Form 10 With Instructions - Application For Registration Of Firearms Acquired By Certain Governmental Entities Page 2

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