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Instructions (Continued)

physical safety of such intimate partner or child; or (ii) by its terms

purchase order, must accompany the application. The reactivation of a

explicitly prohibits the use, attempted use, or threatened use of physical

registered unserviceable firearm is subject to the making tax.

force against such intimate partner or child that would reasonably be

expected to cause bodily injury. An “intimate partner” of a person is: the

d. Maker.

spouse or former spouse of the person, the parent of a child of the person,

(1) If the maker is an individual, the entire form shall be completed.

or an individual who cohabitates or is cohabitating with the person.

(2) If the maker is other than an individual:

(a) Item 3b: The address is the exact location of the principal place

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

of business (or principal office, in the case of a corporation) or,

tribal offense that is a misdemeanor under Federal, State, or tribal law

in the case of a trust, the principal address at which the fiream

and has, as an element, the use or attempted use of physical force, or the

is to be located.

threatened use of a deadly weapon, committed by a current or former

(b) Item 3b must show the name of the entity (i.e., the name of the

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

LLC or trust). Do not include names of corporate officials or

victim shares a child in common, by a person cohabitating with, or has

trustees.

cohabited with the victim as a spouse, parent, or guardian, or by a person

similarly situated to a spouse, parent, or guardian of the victim. The term

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

includes all misdemeanors that have as an element the use or attempted

Federally licensed collector who is an individual but not any other type

use of physical force or the threatened use of a deadly weapon (e.g.,

of Federal firearms licensee) must (1) attach to each copy in item 12 of

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

the ATF Form 1, a 2 inch x 2 inch photograph of his/her frontal view

parties. (See Exception in the definition of “Under Indictment or Infor-

taken one year prior to the date of the application and (2) submit two

mation or Conviction in any Court”). A person who has been convicted

properly completed FBI Forms FD-258 (Fingerprint Card with blue

of a misdemeanor crime of domestic violence also is not prohibited

lines) with the application. The fingerprints must be clear for accurate

unless: (1) the person was represented by a lawyer or gave up the right to

classification and taken by someone properly equipped to take them.

a lawyer; or (2) if the person was entitled to a jury, was tried by a jury, or

gave up the right to a jury trial. Persons subject to this exception should

f. Signatures. All signatures required on ATF Form 1 must be original in

mark “no” in the applicable box.

ink on both copies.

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

g. Law Enforcement Certification. The chief law enforcement officer is

alien admitted to the United States under a nonimmigrant visa includes,

considered to be the Chief of Police for the maker’s city or town of

among others, persons visiting the United States temporarily for business

residence, the Sheriff for the maker’s county of residence; the Head of

or pleasure, persons studying in the United States who maintain a

the State Police for the maker’s State of residence; a State or local

residence abroad, and certain temporary foreign workers. The definition

district attorney or prosecutor having jurisdiction in the maker’s area of

does not include permanent resident aliens nor does it apply to nonimmi-

residence; or another person whose certifcation is acceptable to the

grant aliens admitted to the United States pursuant to either the Visa

Director, Bureau of Alcohol, Tobacco and Firearms and Explosives. If

Waiver Program or to regulations otherwise exempting them from visa

someone has specific delegated authority to sign on behalf of the Chief

requirements. An alien admitted to the United States under a nonimmi-

of Police, Sheriff, etc., this fact must be noted by printing the Chief’s,

grant visa is not prohibited from purchasing, receiving, or possessing a

Sheriff’s, or other authorized official’s name and title, followed by the

firearm if the alien: (1) is in possession of a hunting license or permit

word “by” and the full signature and title of the delegated person. Item

lawfully issued by the Federal Government, a State, or local government,

10 must be completed for an individual maker. The certification must be

or an Indian tribe federally recognized by the Bureau of Indian Affairs,

dated no more than one year prior to the date of receipt of the applica-

which is valid and unexpired; (2) was admitted to the United States for

tion.

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

foreign government who is accredited to the United States Government or

h. Remittance. If the application is subject to the making tax, which is

the Government’s mission to an international organization having its

$200.00, please complete item 17 of the ATF Form 1. Please note that

headquarters in the United States; (4) is en route to or from another

you can pay the tax by credit/debit card, check, or money order. The

country to which that alien is accredited; (5) is an official of a foreign

check or money order is to be made payable to ATF. Do not send cash.

government or a distinguished foreign visitor who has been so desig-

nated by the Department of State; (6) is a foreign law enforcement

i. Photocopies or Computer Generated Versions. After downloading or

officer of a friendly foreign government entering the United States on

copying and printing this form from the ATF website, ensure that the

official law enforcement business; (7) has received a waiver from the

front and back are on the same sheet of paper. The NFA Branch will not

prohibition from the Attorney General of the United States.

approve the application if the front and back are on separate sheets of

paper.

Preparation of Application and Payment of Tax.

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

a. Authority. As provided by 26 U.S.C. § 5822, any person (other than a

modifying an existing firearm, enter the name and location of the

qualified manufacturer of fireams (see paragraph b)) seeking to make a

original manufacturer. If you are creating the firearm, enter your name,

firearm must complete, in duplicate, a separate application on this form

city and state. (2) Item 4b. The types of NFAfirearms are listed in

for each firearm. The applicant maker must furnish all the information

instruction1c. (3) Item 4c. Specify one caliber or gauge. If there is

called for on this application form.

another designation, indicate the designation in item 4h. (4) Item 4d.

Show the model designation (if known). (5) Items 4e and 4f. Specify

b. Registration by Qualified Manufacturer. A person who has a Federal

one barrel length and overall length in items 4e and 4f as applicable.

firearms license to manufacture firearms (Type 07 or 10) and who has

Note: if the firearm has a folding or collapsible stock, the overall

paid special (occupational) tax to manufacture NFA firearms is exempt

measurement is to be made with the stock extended. (6) Item 4g. Do

from the making tax and filing of the ATF Form 1 application. Such

not alter or modify the serial number of an existing firearm. Enter the

qualified manufacturer must report and register each NFA firearm

existing serial number in item 4g. to register the firearm. (7) Markings:

manufactured by filing ATF Form 2, Notice of Firearms Manufactured or

The maker is required to mark the firearm with his name, city and state.

Imported, as required by 27 CFR § 479.102.

All markings are to be in compliance with 27 CFR 478.92 and 479.102.

c. Payment of /Exemption from Payment of Tax. As provided in 26

k. Submission. All requested informtion must be entered in blue or black

U.S.C. § 5821, there is a $200.00 tax on each firearm made, except as

ink and must be legible. Illegible entries will be returned for correction.

provided in 26 U.S.C. §§ 5852 and 5853, when an NFA firearm may be

Send both copies of the ATF Form 1 and attachments to the address

made without payment of the tax when made by, or on behalf of the

located in the upper right hand corner on the face side of the ATF Form 1.

United States or any State or political subdivision thereof. Documenta-

Submission of the application to any other address may delay the

tion that the firearm is being made for a government entity, such as a

processing.

United States government contract or a State or local government agency

ATF Form 1 (5320.1)

Revised June 2014

Atf Form 1 (5320.1) - Application To Make And Register A Firearm - U.s. Department Of Justice Page 8

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