Atf E-Form 1 - Application To Make And Register A Firearm Page 6
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12individual, the applicant must attach documentation evidencing the
application. If the applicant is a trust or legal entity, when the State of
existence and validity of the entity, which includes complete and
residence or any responsible person requires a State or local permit or license,
unredacted copies of partnership agreements, articles of incorporation,
a copy of the permit or license must be submitted with Form 5320.23,
corporate registration, declarations of trust with any trust schedules,
National Firearms Act (NFA) Responsible Person Questionnaire.
attachments, exhibits, and enclosures. (b) If the applicant entity has had
l.
Compliance with explosives laws (18 U.S.C. Chapter 40) and
an application approved as a maker or transferee within the preceding 24
regulations (27 CFR Part 555). If the application is for a destructive
months of the date of filing this application, and there has been no
device utilizing explosive materials, check the Explosives box in item 4.j
change to the documentation evidencing the existence and validity of the
and provide the type(s) of explosives to be used. If the applicant is other
entity previously provided, the entity may provide a certification that the
than a government agency, item 5 must be completed with an explosives
information has not been changed since the prior approval and shall
license or permit number issued to the applicant. If the applicant is other
identify the application for which the documentation had been submitted
than an individual, such as a legal entity, and does not have an explosives
by form number, serial number, and date approved.
license or permit, then a responsible person for the applicant must have a
(5) If the applicant is other than an individual, each responsible person (see
license or permit and enter the information in item 5. To comply with the
definition 1e) for the trust or legal entity must include a completed ATF
explosives laws and regulations, any member of a legal entity must also be
Form 5320.23, National Firearms Act (NFA) Responsible Person
identified as a responsible person or employee possessor on the explosives
Questionnaire, with the submitted Form 1.
licenser or permit. A trust cannot be issued an explosives license or
(6) Item 17 (Method of Payment) is obscured on the ATF copy 2
permit.
(Registrant) and the CLEO copy. In addition, item 4g (serial number) is
obscured on the CLEO copy. These fields do not require completion on
m.
Submission. The maker shall submit 2 complete forms (ATF copy and
these copies.
registrant copy) with original signatures to the NFA Branch at the address
on the face of the form. The applicant shall direct a 3rd complete copy of
e.
Photographs and Fingerprints. An individual maker (including any
the form to the chief local law enforcement officer (CLEO) as provided in
Federally licensed collector who is an individual but not any other type of
instruction 2g and item 10.
Federal firearms licensee) must (1) attach to each copy in item 12 of the ATF
Approval of Application. Upon approval of an application, the NFA Branch
3.
Form 1, a 2 inch x 2 inch photograph of his/her frontal view taken within one
will affix the NFA tax stamp (if any) to the application, cancel it, and return the
year prior to the date of the application and (2) submit two properly
approved copy to the maker. The approval of the application effectuates
completed FBI Forms FD-258 (Fingerprint Card with blue lines) with
registration of the firearm to the maker; however, the firearm must not be made
application. The fingerprints must be clear for accurate classification and
until the applicant has been approved.
taken by someone properly equipped to take them.
f.
Signatures. All signatures required on ATF Form 1 must be original in ink
4.
Withdrawal of Application. The application may be withdrawn prior to
on both copies.
approval by submission of a written request to the Chief, NFA Branch, 244
Needy Road, Martinsburg, WV 25405 from the maker. The NFA Branch will
(1) if the applicant is an individual, the applicant shall sign the form;
arrange for a refund of any tax paid
(2) if the applicant is a trust or legal entity, a responsible person of the trust
or legal entity shall sign the form;
5.
Cancellation of Approved Application. An approved application may be
(3) if the applicant is a Federal firearms licensee, a responsible person of the
cancelled only if the firearm had not been made or modified. The maker must
Federal firearms licensee shall sign the form; or
return the approved application with original tax stamp affixed with a written
(4) if the applicant is a government entity, a person who has a authority to
request for cancellation, citing the need and that the making of the firearm did
sign for the entity shall sign the form.
not take place. The NFA Branch will arrange for a refund of any tax paid.
g.
Law Enforcement Notification. The applicant must provide a copy of the
6.
Disapproval of Application. If the application is disapproved, the NFA Branch
Form 1 to the chief law enforcement officer (CLEO) who has jurisdiction
will note the reason for disapproval on the application and return one copy to
over the area of the applicant's address shown in item 3b of the Form 1. In
the maker. The NFA Branch will arrange for a refund of any tax paid.
addition, if the applicant is other than an individual, a copy of the Form
5320.23, National Firearms Act (NFA) Responsible Person Questionnaire,
Reasons for Disapproval. 26 U.S.C. § 5822 provides that applications shall be
7.
for each responsible person must be provided to their respective chief law
denied if the making or possession of the firearm would place the maker in
enforcement officer. The chief law enforcement officer is considered to be
violation of law.
the Chief of Police; the Sheriff; the Head of the State Police; or a State or
local district attorney or prosecutor..
a.
Violation of Law. Applications shall be denied if the making or
possession of the firearm would place the person making the firearm in
Remittance. If the application is subject to the $200 making tax, please
h.
violation of law.
complete item 17 of the ATF Form 1. Please note that you may pay the tax
by credit/debit card, check, or money order. The check or money order is to
b.
Machineguns. 18 U.S.C. § 922(o) provides that a machinegun may be
be made payable to ATF. Do not send cash.
made only for government use or export. An application will be denied
unless the making meets these criteria.
i.
Photocopies or Computer Generated Versions. The form may be copied or
c.
Persons Prohibited from Making a Firearm. The application will be
downloaded (for example, from the ATF website ( )). The form
disapproved if the maker is a person prohibited from possessing a firearm.
does not have to be printed front to back.
For information regarding persons prohibited from possessing a firearm,
refer to definitions 1n through 1t.
j.
Description of Firearm and Markings. (1) Item 4a. If you are modifying an
existing firearm, enter the name and location of the original manufacturer. If
you are creating the firearm, enter the maker's name, city and state. (2) Item
8.
Inquiries. Information relating to the NFA and other firearms laws is available
4b. The types of NFA firearms are listed in the definitions. (3) Item 4c.
at the ATF Internet website at . Any inquiry relating to the status
Specify one caliber or gauge. If there is another designation, indicate the
of an application to transfer an NFA firearm or about procedures in general
designation in item 4h. (4) Item 4d. Show the model designation (if known).
should be directed to the NFA Branch at (304) 616-4500. Please be aware that
(5) Items 4e and 4f. Specify one barrel length and overall length in items 4e
any dissemination by ATF of information relating to the application to register
and 4f as applicable. Note: if the firearm has a folding or collapsible stock,
an NFA firearm must conform with the restrictions in 26 U.S.C. § 6103.
the overall measurement is to be made with the stock extended. (6) Item 4g.
9.
Penalties. Any person who violates or fails to comply with any of the
Do not alter or modify the serial number of an existing firearm. Enter the
requirements of the NFA shall, upon conviction, be fined not more than $10,000
existing serial number or, if a new firearm, one you create. (7) Markings: The
or be imprisoned for not more than 10 years, or both. Any firearm involved in a
maker is required to mark the firearm with his or her name, city and state. All
violation of the NFA shall be subject to seizure and forfeiture. It is unlawful for
markings are to be in compliance with 27 CFR 478.92 and 479.102.
any person to make or cause the making of a false entry on any application or
record required by the NFA knowing such entry to be false.
k.
State or Local Permit. If a state or local permit or license is required before the
making of the firearm, a copy of the permit or license must be submitted with the
10. Compliance with the Gun Control Act. Person must also comply with all
relevant portions of the GCA
ATF E-Form 1 (5320.1)
Revised May 2016
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