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Instructions

Definitions.

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

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

controlled substance; has been adjudicated mentally defective or has

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

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

Regulations, Part 479.

Armed Forces under dishonorable conditions; has renounced his or her

U.S. citizenship; is an alien illegally in the United States or an alien

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

admitted to the United States under a nonimmigrant visa; or is subject to

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

certain restraining orders. Furthermore, Section 922 prohibits the ship-

Regulations, Part 478.

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

firearm by one who is under indictment or information for a felony, or

c. Firearm. The term “firearm” means: (1) a shotgun having a barrelor

any other crime, punishable by imprisonment for a term exceeding one

barrels of less than 18 inches in length; (2) a weapon made from a

year.

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

p. Under Indictment or Information or Conviction in any Court. An

having a barrel or barrels of less than 16 inches in length; (4) a weapon

indictment, information, or conviction in any Federal, State, or local

made from a rifle if such weapon as modified has an overall length of less

court. An information is a formal accusation of a crime verified by a

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

prosecutor.

any other weapon, as defined in 18 U.S.C. 5845(e); (6) a machinegun; (7)

a muffler or a silencer for any firearm whether or not such firearm is

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

included within this definition; and (8) a destructive device.

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

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

domestic violence, is not prohibited from purchasing, receiving, or possess-

estate, or an individual.

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

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

or set aside, or the person has had their civil rights (the right to vote, sit on a

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

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 convic-

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

tion occurred from receiving or possessing firearms. Persons subject to

Federal firearms licensee engaged in the business of manufacturing

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

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

q. Adjudicated Mentally Defective. A determination by a court, board,

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

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

the GCA to manufacture, import or deal in firearms.

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

disease: (1) is a danger to himself or to others; or (2) lacks the mental

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

capacity to contract or manage his own affairs. This term shall include:

Tobacco, Firearms and Explosives (ATF) authorized to perform any

(1) a finding of insanity by a court in a criminal case; and (2) those

function relating to the administration of the NFA.

persons found incompetent to stand trial or found not guilty by reason of

lack of mental responsibility.

i. Make. The term “make”, and the various derivatives of such word, shall

include manufacturing (other than by one qualified to engage in such

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

business under the NFA), putting together, altering, any combination of

to a mental institution by a court, board, commission, or other lawful

these, or otherwise producing a firearm.

authority. The term includes a commitment to a mental institution

involuntarily. The term includes commitment for mental defectiveness or

j. Misdemeanor Crime of Domestic Violence. A crime that is a misde-

mental illness. It also includes commitments for other reasons, such as

meanor under Federal or State law and has, as an element, the use or

for drug use. The term does not include a person in a mental institution

attempted use of physical force, or the threatened use of a deadly weapon,

for observation or a voluntary admission to a mental institution.

committed by a current or former spouse, parent, or guardian of the

victim, by a person with whom the victim shares a child in common, by a

EXCEPTION: A person who has been adjudicated as a mental defective or

person who is cohabiting with or has cohabited with the victim as a

committed to a mental institution is not prohibited if: (1) the person

spouse, parent, or guardian. The term includes all misdemeanors that

was adjudicated or committed by a Department or agency of the Federal

involve the use or attempted use of physical force (e.g., simple assault,

Government and (2) either; (a) the person’s adjudication or commitment

assault and battery),if the offense is committed by one of the defined

for mental incompetency was set-aside or expunged by the adjudicating/

parties. The person is NOT considered to have been convicted of

such

committing agency; (b) the person has been fully released or discharged

crime unless the person was represented by a lawyer or gave up the right

from all mandatory treatment, supervision, or monitoring by the agency; or

to a lawyer, and, if the person was entitled to a jury trial, was tried by a

jury or gave up the right to a jury trial.

mental health condition that served as the basis of the initial adjudication.

Persons who fit this exception should mark “no” in the applicable box. This

k. Reactivation. The restoration of a registered unserviceable NFA firearm

exception does not apply to any person who was adjudicated to be not

to a functional condition. This action incurs the making tax liability.

guilty by reason of insanity, or based on lack of mental responsibility, or

found incompetent to stand trial, in any criminal case or under the Uniform

l. Unserviceable Firearm. One which is incapable of discharging a shot

Code of Military Justice.

by means of an explosive and incapable of being readily restored to firing

condition. An acceptable method of rendering most firearms unservice-

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

able is to fusion weld the chamber closed and fusion weld the barrel

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

solidly to the frame.

a hearing which the person received actual notice of and had an

opportunity to participate in; (B) restrains such person from harassing,

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

stalking, or threatening an intimate or child of such intimate partner or

person, or engaging in other conduct that would place an intimate partner

n. Prohibited Person. Generally, 18 U.S.C. § 922 prohibits the shipment,

in reasonable fear of bodily injury to the partner or child; and (C)(i)

transportation, receipt, or possession in or affecting interstate commerce

includes a finding that such person represents a credible threat to the

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

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

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

ATF Form 1 (5320.1)

include State misdemeanors punishable by imprisonment of two years or

Revised June 2014

Atf Form 1 (5320.1) - Application To Make And Register A Firearm - U.s. Department Of Justice Page 7

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