Atf E-Form 1 - Application To Make And Register A Firearm Page 4
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12Privacy Act Information
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 regulations 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 purpose of prosection 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
Make. The term “make”, and the various derivatives of such word, shall
1.
Definitions.
j.
include manufacturing (other than by one qualified to engage in such
a.
National Firearms Act (NFA). Title 26, United States Code, Chapter 53.
business under the NFA), putting together, altering, any combination of
The implementing regulations are found in Title 27, Code of Federal
these, or otherwise producing a firearm.
Regulations, Part 479.
k.
Reactivation. The restoration of a registered unserviceable NFA firearm
b.
Gun Control Act (GCA). Title 18, United States Code, Chapter 44. The
to a functional condition. This action incurs the making tax liability.
implementing regulations are found in Title 27, Code of Federal
Regulations, Part 478.
l.
Unserviceable Firearm. One which is incapable of discharging a shot by
c.
Firearm. The term “firearm” means: (1) a shotgun having a barrel or
means of an explosive and incapable of being readily restored to firing
barrels of less than 18 inches in length; (2) a weapon made from a
condition. An acceptable method of rendering most firearms
shotgun if such weapon as modified has an overall length of less than 26
unserviceable is to fusion weld the chamber closed and fusion weld the
inches or a barrel or barrels of less than 18 inches in length; (3) a rifle
barrel solidly to the frame.
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
m.
Maker. A person applying to make an NFA firearm.
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
n.
Prohibited Person. Generally, 18 U.S.C. § 922 (g) prohibits the
included within this definition; and (8) a destructive device, as defined in
shipment, transportation, receipt, or possession in or affecting interstate
26 U.S.C. § 5845 (f).
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
d.
Person. A partnership, company, association, trust, corporation, including each
crime, punishable by imprisonment for a term exceeding one year (this
responsible person associated with such an entity; an estate; or an individual.
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
e.
Responsible Person. In the case of an unlicensed entity, including any
controlled substance; has been adjudicated as a mentally defective or has
trust, partnership, association, company (including any Limited Liability
been committed to a mental institute; has been discharged from the Armed
Company (LLC)), or corporation, any individual who possesses, directly or
Forces under dishonorable conditions; has renounced his or her U.S.
indirectly, the power or authority to direct the management and policies of
citizenship; is an alien illegally in the United States or an alien admitted to
the trust or entity to receive, possess, ship, transport, deliver, transfer or
the United States under a nonimmigrant visa; or is subject to certain
otherwise dispose of a firearm for, or on behalf of, the trust or legal entity.
restraining orders. Furthermore, Section 922 (n) prohibits the shipment,
In the case of a trust, those persons with the power or authority to direct
transportation, or receipt in or affecting interstate commerce of a firearm
the management and policies of the trust includes any person who has the
by one who is under indictment or information for a felony in any Federal,
capability to exercise such power and possesses, directly or indirectly the
State or local court, or any other crime, punishable by imprisonment for a
power or authority under any trust instrument, or under State law, to
term exceeding one year. An information is a formal accusation of a
receive possess, ship, transport, deliver, transfer, or otherwise dispose of a
crime verified by a prosecutor.
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
EXCEPTION: A person who has been convicted of a felony, or any other crime,
be excluded from this definition of responsible person is the beneficiary of
for which the judge could have imprisoned the person for more than one year, or
a trust, if the beneficiary does not have the capability to exercise the
who has been convicted of a misdemeanor crime of domestic violence, is not
enumerated powers or authorities.
prohibited from purchasing, receiving, or possessing 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
f.
Employer Identification Number (EIN). Required of taxpayer filing
their civil rights (the right to vote, sit on a jury, and hold public office) taken away
special (occupational) tax returns under 27 CFR § 479.35.
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.
Special (Occupational) Tax. Required by the NFA to be paid by a
g.
Federal firearms licensee engaged in the business of manufacturing (Class
o.
Adjudicated As a Mental Defective. A determination by a court, board,
2), importing (Class 1), or dealing (Class 3) in NFA firearms.
commission, or other lawful authority that a person, as a result of marked
subnormal intelligence, or mental illness, incompetency, condition, or
h.
Federal Firearms License. A license issued under the provisions of the
disease: (1) is a danger to himself or to others; or (2) lacks the mental
GCA to manufacture, import or deal in firearms.
capacity to contract or manage his own affairs. This term shall include:
(1) a finding of insanity by a court in a criminal case; and (2) those
persons found incompetent to stand trial or found not guilty by reason of
i.
ATF Officer. An officer or employee of the Bureau of Alcohol, Tobacco,
lack of mental responsibility.
Firearms and Explosives (ATF) authorized to perform any function
relating to the administration of the NFA.
ATF E-Form 1 (5320.1)
Revised May 2016
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