Atf E-Form 1 - Application To Make And Register A Firearm Page 5

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Instruction (Continued)
p.
Committed to a Mental Institution. A formal commitment of a person to a
documentation under 13.d.2. An alien admitted to the United States under
mental institution by a court, board, commission, or other lawful authority. The
nonimmigrant visa is not prohibited from purchasing, receiving, or
term includes a commitment to a mental institution involuntarily. The term
possessing a firearm if the alien; (1) is in possession of a hunting license or
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 voluntary
permit lawfully issued by the Federal Government, a State, or local
admission to a mental institution.
government, or an Indian tribe federally recognized by the Bureau of
Indian Affairs, which is valid and unexpired; (2) was admitted to the
United States for lawful hunting or sporting purposes; (3) is an official
EXCEPTION NICS Improvement Amendments Act of 2007: A person who has been
representative of a foreign government who is accredited to the United
adjudicated as a mental defective or committed to a mental institution in a state
States Government or the Government's mission to an international
proceeding is not prohibited by the adjudication or commitment if the person has been
organization having its headquarters in the United States; (4) is an official
granted relief by the adjudicating/committing state pursuant to a qualifying mental
representatives of a foreign government who is en route to or from another
health relief from disabilities program. Also a person who has been adjudicated as a
country to which that alien is accredited; (5) is an official of a foreign
mental defective or committed to a mental institution by a department or agency of
government or a distinguished foreign visitor who has been so designated
the Federal Government is not prohibited by the adjudication or commitment if either:
by the Department of State; (6) is a foreign law enforcement officer of a
(a) the person's adjudication or commitment was set-aside or expunged by the
friendly foreign government entering the United States on official law
adjudicating/committing agency; (b) the person has been fully released or discharged
enforcement business; (7) has received a waiver from the prohibition from
from all mandatory treatment, supervision, or monitoring by the agency; (c) the
the Attorney General of the United States.
person was found by the agency to no longer suffer from the mental health condition
that served as the basis of the initial adjudication/commitment; or (d) the adjudication
t.
Fugitives from Justice. Any person who has fled from any State to avoid
or commitment, respectively is based solely on a medical finding of disability,
prosection for a felony or a misdemeanor, or any person who leaves the
without an opportunity for a hearing by a court, board, commission, or other lawful
State to avoid giving testimony in any criminal proceeding. The term also
authority, and the person has not been adjudicated as a mental defective consistent
includes any person who knows that misdemeanor or felony charges are
with section 922(g)(4) of title 18, United States Code; or (e) the person was granted
pending against such person and who leaves the State of prosection.
relief from the adjudicating/committing agency pursuant to a qualified mental health
2.
Preparation of Application and Payment of Tax.
relief from disabilities program. Persons who fall within one of the above exceptions
should mark "no" in the applicable box. This exception to an adjudication or
a.
Authority. As provided by 26 U.S.C. § 5822, any person (other than a
commitment by a Federal department or agency does not apply to any person who
qualified manufacturer of firearms (see paragraph b)) seeking to make a
was adjudicated to be not guilty by reason of insanity, or based on a lack of mental
firearm must submit, in duplicate, a separate application on this form for
responsibility or found incompetent to stand trial, in any criminal case or under the
each firearm. The applicant maker must furnish all the information called
Uniform Code of Military Justice.
for, except as noted by instructions within, on this application form.
Please note that the form now contains a 3rd (CLEO) copy of the form for
use in compliance with instruction 2g and item 10 of the form.
q.
Restraining Order. Under 18 U.S.C. § 922, firearms may not be sold to or
b.
Registration by Qualified Manufacturer. A person who has a Federal
received by persons subject to a court order that: (A) was issued after a hearing
firearms license to manufacture firearms (Type 07 or 10) and who has paid
which the person received actual notice of and had an opportunity to participate
special (occupational) tax to manufacture NFA firearms is exempt from
in; (B) restrains such person from harassing, stalking, or threatening an intimate
the making tax and filing of the ATF Form 1 application. Such qualified
partner or child of such intimate partner or person, or engaging in other conduct
manufacturer must report and register each NFA firearm manufactured by
that would place an intimate partner in reasonable fear of bodily injury to the
filing ATF Form 2, Notice of Firearms Manufactured or Imported, as
partner or child; and (C)(i) includes a finding that such person represents a
required by 27 CFR § 479.103.
credible threat to the physical safety of such intimate partner or child; or (ii) by
its terms explicitly prohibits the use, attempted use, or threatened use of
physical force against such intimate partner or child that would reasonably be
Payment of /Exemption from Payment of Tax. As provided in 26
c.
expected to cause bodily injury. An “intimate partner” of a person is: the
U.S.C. § 5821, there is a $200.00 tax on each firearm made, except as
spouse or former spouse of the person, the parent of a child of the person, or an
provided in 26 U.S.C. §§ 5852 and 5853, when an NFA firearm may be
individual who cohabitates or has cohabitating with the person.
made without payment of the tax when made by, or on behalf of the
United States or any State or political subdivision thereof. Documentation
that the firearm is being made for a government entity, such as a United
r.
Misdemeanor Crime of Domestic Violence. A Federal, State, local, tribal
States government contract or a State or local government agency
offense that is a misdemeanor under Federal, State or tribal law and has, as an
purchase order, must accompany the application. The reactivation of a
element, the use or attempted use of physical force, or the threatened use of a
registered unserviceable firearm is subject to the making tax.
deadly weapon, 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
d.
Completion of Form.
person cohabiting with or has cohabited with the victim as a spouse, parent, or
(1) The applicant shall provide the applicant's complete name and mailing
guardian, or by a person similarly situated to a spouse, parents, or guardian of
address in item 3b. If a post office box address is used, the physical
the victim. The term includes all misdemeanors that have as an element the use
address shall be entered in item 3c. If the applicant is a trust or legal
or attempted use of physical force or the threatened use of a deadly weapon
entity, show only the complete name of the trust or legal entity and do
(e.g., assault and battery), if the offense is committed by one of the defined
not include any individual names (such as names of trustees or
parties. (See Exception in the definition of "Prohibited Person"). A person who
corporate officials). The address shall be the location within the
has been convicted of a misdemeanor crime of domestic violence also is not
particular state where the firearm will be maintained for a trust or
prohibited unless; (1) the person was represented by a lawyer or gave up the
legal entity. In the case of two or more locations for a legal entity, the
right to a lawyer; or (2) if the person was entitled to a jury, was tried by a jury,
address shown shall be the principal place of business within the
or gave up the right to a jury trial. Persons subject to this exception should
particular state (or principal office, in the case of a corporation).
mark "no" in the applicable box.
(2) If the applicant is an individual, the entire Form 1 shall be completed
s.
Alien Admitted to the United States Under a Nonimmigrant Visa. An alien
except for items 15 and 16. In addition, the applicant must include his
admitted to the United States under a nonimmigrant visa includes, among
or her fingerprints on FBI Form FD-258 and his or her photographs
others, persons visiting the United States temporarily for business or pleasure,
(see instruction 2g).
persons studying in the United States who maintain a residence abroad, and
(3) If the applicant is other than an individual, e.g., a trust or legal entity
certain temporary foreign workers. These aliens must "yes" to question 13.3.1
such as a corporation, the applicant shall not complete items 11, 12,
and provide the additional documentation required under question 13.3.2.
13, and 14. All other items must be completed including the signing
Permanent resident aliens and aliens legally admitted to the United States
of the Certification statement.
pursuant to either the Vis Waiver Program or to regulations otherwise
(4) Documentation of entity existence: (a) If the applicant is other than an
exempting them from visa requirements may answer "no" to this question and
are not requirement to submit the additional
ATF E-Form 1 (5320.1)
Revised May 2016

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