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Instruction (Continued) |
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court in a criminal case; and (2) those persons found incompetent to stand trial |
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admitted to the United States pursuant to either the Visa Waiver Program or |
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or found not guilty by reason of lack of mental responsibility. |
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to regulations otherwise exempting them from visa requirements may |
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Committed to a Mental Institution. A formal commitment of a person |
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answer “no” to this question and are not required to submit the additional |
p. |
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documentation under 11.d.2. An alien admitted to the United States under |
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to a mental institution by a court, board, commission, or other lawful |
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a nonimmigrant visa is not prohibited from purchasing, receiving, or |
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authority. The term includes a commitment to a mental institution |
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possessing a firearm if the alien; (1) is in possession of a hunting license or |
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involuntarily. The term includes commitments for other reasons, such as |
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permit lawfully issued by the Federal Government, a State, or local |
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for drug use. The term does not include a person in a mental institution |
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government, or an Indian tribe federally recognized by the Bureau of Indian |
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for observation or a voluntary admission to a mental institution. |
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Affairs, which is valid and unexpired; (2) was admitted to the United States |
EXCEPTION NICS Improvement Amendments Act of 2007: A person who |
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for lawful hunting or sporting purposes; (3) is an official representative of |
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a foreign government who is accredited to the United States Government |
has been adjudicated as a mental defective or committed to a mental |
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or the Government’s mission to an international organization having its |
institution in a state proceeding is not prohibited by the adjudication or |
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headquarters in the United States; (4) is an official representative of a |
commitment if the person has been granted relief by the adjudicating/ |
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foreign government who is en route to or from another country to which |
committing state pursuant to a qualifying mental health relief from disabilities |
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that alien is accredited; (5) is an official of a foreign government or a |
program. Also, a person who has been adjudicated as a mental defective or |
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distinguished foreign visitor who has been so designated by the |
committed to a mental institution by a department or agency of the Federal |
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Department of State; (6) is a foreign law enforcement officer of a friendly |
Government is not prohibited by the adjudication or commitment if either: (a) |
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foreign government entering the United States on official law enforcement |
the person’s adjudication or commitment was set-aside or expunged by the |
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business; (7) has received a waiver from the prohibition from the Attorney |
adjudicating/committing agency; (b) the person has been fully released or |
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General of the United States. |
discharged from all mandatory treatment, supervision, or monitoring by the |
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Fugitives from Justice. Any person who has fled from any State to avoid |
agency; (c) the person was found by the agency to no longer suffer from the |
t. |
mental health condition that served as the basis of the initial adjudication/ |
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prosecution for a felony or a misdemeanor, or any person who leaves the |
commitment; or (d) the adjudication or commitment, respectively is based |
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State to avoid giving testimony in any criminal proceeding. The term also |
solely on a medical finding of disability, without an opportunity for a hearing |
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includes any person who knows that misdemeanor or felony charges are |
by a court, board, commission, or other lawful authority, and the person has |
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pending against such person and who leaves the State of prosecution. |
not been adjudicated as a mental defective consistent with section 922(g)(4) |
2. Preparation of Application and Payment of Tax. |
of title 18, United States Code; or (e) the person was granted relief from the |
adjudicating/committing agency pursuant to a qualified mental health relief |
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Authority. As provided by 26 U.S.C. § 5822, any person (other than a |
from disabilities program. Persons who fall within one of the above exceptions |
a. |
should mark “no” in the applicable box. This exception to an adjudication |
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qualified manufacturer of firearms (see paragraph b)) seeking to make a |
or commitment by a Federal department or agency does not apply to any |
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firearm must submit, in duplicate, a separate application on this form |
person who was adjudicated to be not guilty by reason of insanity, or based |
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for each firearm. The applicant maker must furnish all the information |
on a lack of mental responsibility, or found incompetent to stand trial, in any |
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called for, except as noted by instructions within, on this application form. |
criminal case or under the Uniform Code of Military Justice. |
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Please note that the form now contains a 3rd (CLEO) copy of the form for |
q. |
Restraining Order. Under 18 U.S.C. § 922, firearms may not be sold to |
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use in compliance with instruction 2g and item 10 of the form. |
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Registration by Qualified Manufacturer. A person who has a Federal |
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or received by persons subject to a court order that; (A) was issued after |
b. |
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a hearing which the person received actual notice of and had an |
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firearms license to manufacture firearms (Type 07 or 10) and who has paid |
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opportunity to participate in; (B) restrains such person from harassing, |
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special (occupational) tax to manufacture NFA firearms is exempt from the |
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stalking, or threatening an intimate partner or child of such intimate partner |
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making tax and filing of the ATF Form 1 application. Such qualified manu |
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or person, or engaging in other conduct that would place an intimate partner |
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facturer must report and register each NFA firearm manufactured by filing |
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in reasonable fear of bodily injury to the partner or child; and (C)(i) |
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ATF Form 2, Notice of Firearms Manufactured or Imported, as required by |
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includes a finding that such person represents a credible threat to the |
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27 CFR § 479.103. |
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physical safety of such intimate partner or child; or (ii) by its terms |
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Payment of/Exemption from Payment of Tax. As provided in 26 U.S.C. |
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explicitly prohibits the use, attempted use, or threatened use of physical |
c. |
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force against such intimate partner or child that would reasonably be |
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§ 5821, there is a $200.00 tax on each firearm made, except as provided in |
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expected to cause bodily injury. An “intimate partner” of a person is; the |
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26 U.S.C. §§ 5852 and 5853, when an NFA firearm may be made without |
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spouse or former spouse of the person, the parent of a child of the person, |
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payment of the tax when made by, or on behalf of the United States or any |
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or an individual who cohabitates or has cohabitated with the person. |
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State or political subdivision thereof. Documentation that the firearm is |
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Misdemeanor Crime of Domestic Violence. A Federal, State, local, tribal |
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being made for a government entity, such as a United States government |
r. |
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contract or a State or local government agency purchase order, must |
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offense that is a misdemeanor under Federal, State, or tribal law and |
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accompany the application. The reactivation of a registered unserviceable |
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has, as an element, the use or attempted use of physical force, or the |
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firearm is subject to the making tax. |
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threatened use of a deadly weapon, committed by a current or former |
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Completion of Form (Note: If the applicant is a Federal firearms |
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spouse, parent, or guardian of the victim, by a person with whom the |
d. |
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victim shares a child in common, by a person cohabitating with, or has |
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licensee except for a Type 03 license, items 10, 11, 12, 13, 14, 15, 16, and |
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cohabited with the victim as a spouse, parent, or guardian, or by a person |
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17 are not required to be completed.) |
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similarly situated to a spouse, parent, or guardian of the victim. The term |
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includes all misdemeanors that have as an element the use or attempted use |
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(1) |
The applicant shall provide the applicant’s full legal name to |
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of physical force or the threatened use of a deadly weapon (e.g., assault |
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include middle and mailing address in item 3b. If a post office box |
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and battery), if the offense is committed by one of the defined parties. (See |
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address is used, the physical address shall be entered in item 3c. |
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Exception in the definition of “Prohibited Person”). A person who has |
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If the applicant is a trust or legal entity, show only the complete name |
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been convicted of a misdemeanor crime of domestic violence also is not |
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of the trust or legal entity and do not include any individual |
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prohibited unless; (1) the person was represented by a lawyer or gave up the |
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names (such as names of trustees or corporate officials). The |
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right to a lawyer; or (2) if the person was entitled to a jury, was tried by a |
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address shall be the location within the particular state where |
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jury, or gave up the right to a jury trial. Persons subject to this exception |
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the firearm will be maintained for a trust or legal entity. In |
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should mark “no” in the applicable box. |
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the case of two or more locations for a legal entity, the address |
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Alien Admitted to the United States Under a Nonimmigrant Visa. An |
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shown shall be the principal place of business within the particular state |
s. |
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(or principal office, in the case of a corporation). |
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alien admitted to the United States under a nonimmigrant visa includes, |
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among others, persons visiting the United States temporarily for business |
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(2) |
If the applicant is an individual, the entire Form 1 shall be completed |
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or pleasure, persons studying in the United States who maintain a residence |
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except for items 18 and 19. In addition, the applicant must include |
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abroad, and certain temporary foreign workers. These aliens must answer |
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his or her fingerprints on FBI Form FD-258 and his or her photographs |
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“yes” to question 11.d.1 and provide the additional documentation required |
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(see instruction 2g). |
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under question 11.d.2. Permanent resident aliens and aliens legally |
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