Atf Form 4 PDF Details

The ATF Form 4, officially identified with OMB No. 1140-0014, represents a crucial document facilitated by the U.S. Department of Justice's Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for those needing to engage in the tax-paid transfer and registration of firearms under the National Firearms Act (NFA). It entails a detailed application process where both the transferor and transferee are required to submit duplicate copies to the National Firearms Act Division, indicating a meticulous commitment to legality and regulation. This form requires comprehensive information about the transferor and transferee, including legal names, addresses, and detailed descriptions of the firearm to be transferred. Additionally, it mandates the payment of a transfer tax, which varies depending on the type of firearm, underscored by a need for a responsible approach to firearm possession and transfer. Compliance with this process ensures the fulfillment of federal requirements, aids in the lawful acquisition of firearms, and ensures that transfers are not in conflict with state or local laws. The ATF Form 4 embodies the intricate balance between legal firearm ownership and the overarching public safety concerns, necessitating accurate and complete submissions to avoid processing delays or denials. Through this form, the ATF maintains oversight over NFA firearm transfers, integrating a system of checks and verifications to adhere to the established legal framework.

QuestionAnswer
Form NameAtf Form 4
Form Length13 pages
Fillable?No
Fillable fields0
Avg. time to fill out3 min 15 sec
Other namesatf form 4 fillable pdf, atf form 4 fillable, atf form 4, form 5320 4

Form Preview Example

g. Serial Number
d. Model

OMB No. 1140-0014 (08/31/2022)

U.S. Department of Justice

Bureau of Alcohol, Tobacco, Firearms and Explosives

Application for Tax Paid Transfer and Registration of Firearm

ATF Control Number

SUBMIT in DUPLICATE to:

National Firearms Act Division

Bureau of Alcohol, Tobacco, Firearms and Explosives, P.O. Box 5015, Portland, OR 97208-5015

 

1. Type of Transfer (Check one)

$5

 

$200

 

 

 

Submit the appropriate tax payment with the application.

The tax may be paid by credit or debit card, check, or money order. Please complete item 20. Upon approval of

the application, we will affix and cancel the required National FirearmsAct stamp. (See instructions 2b, 2j and 3)

2a. Transferee’s Full Legal Name and Address (Include trade name, if any) (See instruction 2d)

Corporation

 

Other Legal Entity

 

2b. County/Parish

Individual

 

Trust

 

 

 

 

 

 

 

 

 

 

3a. Transferor’s Full Legal Name and Address (Include trade name, if any)

3b.

E-mail address

3c. Transferor’sTelephone (Area Code and Number)

(Executors: see instruction 2l)

 

 

 

 

 

 

 

 

3d.

If Applicable: Decedent’s Name, Address, and Date of Death

 

 

 

 

 

3e.

Number, Street, City, State and Zip Code of Residence (or Firearms Business Premises)

 

 

If Different from Item 3a.

 

The above-named and undersigned transferor hereby makes application as required by Section 5812 of the National Firearms Act to transfer and register the firearm described below to the transferee.

4. Description of Firearm (Complete items a through h) (See instruction 2n)

a. Name and Address of Maker Manufacturer and/or

b. Type of Firearm (see definitions 1c)

c. Caliber or

 

 

Importer of Firearm

 

Gauge

 

e. Barrel Length:

f. Overall Length:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

h.Additional Description or Data Appearing on Firearm (Attach additional sheet if necessary)

5.Transferee’s Federal Firearms License (if any) or Explosives License or Permit Number 6. Transferee’s Special (Occupational) Tax Status (If any)

 

 

 

 

 

 

 

 

 

(Give complete 15-digit number) (See instruction 2c)

 

 

a.

Employer Identification Number

b.

Class

 

 

First 6 digits

2 digits

2 digits

5 digits

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

8.

Transferor’s Special (Occupational) Tax Status (If any)

 

 

 

 

 

 

 

 

 

 

 

 

7. Transferor’s Federal Firearms License (If

any)

 

 

a.

Employer Identification Number

b.

Class

 

 

 

 

 

 

 

 

 

 

 

 

 

First 6 digits

2 digits

2 digits

5 digits

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Under Penalties of Perjury, I Declare that I have examined this application, and to the best of my knowledge and belief it is true, correct and complete, and that the transfer of the described firearm to the transferee and receipt and possession of it by the transferee are not prohibited by the provisions of Title 18, United States Code; Chap 44;

Title 26, United States Code; Chap 53; or any provisions of State or local law.

9.Signature of Transferor (Or authorized official)

10. Name and Title of Authorized Official (Print or type)

11. Date

The Space Below is for the use of the Bureau of Alcohol, Tobacco, Firearms and Explosives

By Authority of The Director, This Application Has Been Examined, and the Transfer and Registration of the Firearm Described Herein and the Interstate Movement of that Firearm, When Applicable, to the Transferee are:

Stamp Denomination

Approved (With the following conditions, if any)

Disapproved (For the following reasons)

Signature of Authorized ATF Official

Date

Previous Editions Are Obsolete

ATF Copy

ATF Form 4 (5320.4)

 

Revised September 2019

 

 

Transferee Certification

12. Law Enforcement Notification (See instruction 2f)

The transferee is to provide notification of the proposed acquisition and possession of the firearm described on this Form 4 by providing a copy of the completed form to the chief law enforcement officer in the agency identified below:

Agency or Department Name

Name and Title of Official

Address (Street address or P.O. Box, City, State and Zip Code) to which sent (mailed or delivered)

Information for the Chief Law Enforcement Officer

This form provides notification of the transferee’s intent to acquire and possess a National Firearms Act (NFA) firearm. No action on your part is required. However, should you have information that may disqualify this person from acquiring or possessing a firearm, please contact the NFA Division at (304) 616-4500 or NFA@atf.gov. A “Yes” answer to items 14.a. through 14.h. or 18.d. or 18.e. could disqualify a person from acquiring or possessing a firearm. Also, ATF will not approve an application if the transfer or possession of the firearm is in violation of State or local law.

13. Transferee Necessity Statement (See instruction 2e)

 

I,

, have a reasonable necessity to possess the machinegun, short-barreled rifle,

 

(Name and Title of Transferee)

 

short-barreled shotgun, or destructive device described on this application for the following reason(s)

and my possession of the device or weapon would be consistent with public safety (18 U.S.C. § 922(b) (4) and 27 CFR § 478.98).

Transferee Questions (Complete Only When Transferee is An Individual)

14.Answer questions 14.a. through 14.h. Answer questions 16, 17, 18, 19 and 20, if applicable. For any “Yes” answer the transferee shall provide details on a separate sheet. (See instruction 7b and definitions)

Yes No

a.Are you under indictment or information in any court for a felony, or any other crime, for which the judge could imprison you for more than one year? (See definition 1m)

 

b. Have you ever been convicted in any court for a felony, or any other crime, for which the judge could have

 

 

 

 

 

 

 

 

imprisoned you for more than one year, even if you received a shorter sentence including probation? (See definition 1m)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

c. Are you a fugitive from justice? (See definition 1s)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

15. Photograph

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

d.

Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any

 

 

 

 

 

 

 

 

other controlled substance? Warning: The use or possession of marijuana remains unlawful

 

 

 

 

 

 

 

 

under Federal law regardless of whether it has been legalized or decriminalized for medicinal or

 

Affix a 2” x 2” Photograph here.

 

 

 

 

recreational purposes in the state where you reside.

 

 

 

 

 

 

e. Have you ever been adjudicated as a mental defective OR have you ever been committed to a mental

 

No Stapling. Tape Sides of Photo to the

 

 

Application.

 

 

 

 

 

institution? (See definitions1n and 1o)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

f.

Have you been discharged from the Armed Forces under dishonorable conditions?

 

1. Photo must have been taken within the

 

 

 

 

 

 

 

 

 

 

 

last year.

 

 

 

g. Are you subject to a court order restraining you from harassing, stalking, or threatening your child or an

 

 

 

 

 

 

 

 

 

 

 

 

intimate partner or child of such partner?(See definition 1p)

 

 

 

 

2. Photo must have been taken in full face

 

 

 

 

 

 

 

 

 

 

 

 

h.

Have you ever been convicted in any court of a misdemeanor crime of domestic violence? (See definition 1q)

 

view without a hat or head covering that

 

 

 

 

 

 

 

 

 

 

 

obscures the hair or hairline.

 

16.

Social Security Number: (See instruction 2h)

 

 

Date of Birth:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3. On back of photograph print full name,

 

 

 

 

 

 

 

 

 

 

 

last 4 of SSN.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

17a. Ethnicity

Hispanic or Latino

 

17b. Race

American Indian or Alaska Native

 

 

 

 

 

 

Black or African American

White

 

 

 

 

 

 

 

 

 

 

 

 

Not Hispanic or Latino

 

 

Asian

Native Hawaiian or Other Pacific Islander

 

 

 

 

 

 

 

 

 

18a. Country of Citizenship: (Check/List more than one, if applicable. Nationals of the United States may check U.S.A.) (See definition 1r)

 

 

 

 

 

United States of America

Other Country/Countries (specify):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

18b. State of Birth

 

 

 

 

 

18c.Country of Birth

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

No

d.Have you ever renounced your United States citizenship?

e.Are you an alien illegally or unlawfully in the United States?

f.1. Are you an alien who has been admitted to the United States under a nonimmigrant visa?

 

 

 

 

 

 

f.2. If “yes”, do you fall within any of the exceptions stated in the instructions? Attach the documentation to the application

 

N/A

 

 

 

 

 

 

 

 

19.

If you are an alien, record your U.S.-Issued Alien or Admission number (AR#, USCIS#, or 194#):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

20.

Have you been issued a Unique Personal Identification Number (UPIN)? (See instruction 2h)

Yes

No If yes please list

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ATF Form 4 (5320.4)

 

ATF Copy

 

 

 

 

Revised September 2019

CERTIFICATION: Underpenalties imposed by 18 U.S.C. § 924 and 26 U.S.C. § 5861, I certify that, upon submission of this form toATF, a completed copy of this form will be directed to the chief law enforcement officer (CLEO)shown in item 12, that the statements, as applicable, contained in this certification, and any attached documents in support thereof, are true

and correct to the best of my knowledge and belief. NOTE: See instructions 2.d(2) and 2.d(3) forthe items to be completed depending on the type of transferee.

Signature of Transferee

Date

21.Number of Responsible Persons (see definitions) associated with the transferee trust or legal entity

22.Provide the full name (printed or typed) below for each Responsible Person associated with the applicant trust or legal entity (if there are more Responsible Persons than can be listed on the form, attach a separate sheet listing the additional Responsible Person(s)). Please note that a completed Form 5320.23, National Firearms Act (NFA) Responsible Person Questionnaire, must be submitted with the Form 4 application for each Responsible Person.

Full Name

 

Full Name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

23.Method of Payment (Check one) (See instruction 2j) (if paying by credit/debit card, complete the section below)

Check (Enclosed)

Cashier’s Check or

Visa

 

Money Order (Enclosed)

 

Mastercard

American

 

Express

Discover

Diners Club

Credit/Debit Card Number (No dashes)

Name as Printed on the Credit/Debit Card

Expiration Date (Month & year)

Credit/Debit Card Billing Address:

Address:

City:

State:

Zip Code:

Tax Amount:

$

I Authorize ATF to Charge my Credit/Debit Card the Tax Amount.

Signature of Cardholder

Your credit/debit card will be charged the above stated amount upon receipt of the application.

Date

The charge will be reflected on your credit/debit card statement.

In the event your application is NOT approved, the above amount will be credited to the credit/debit card noted above.

Important Information for Currently Registered Firearms

If you are the current registrant of the firearm described on this form, please note the following information.

Estate Procedures: For procedures regarding the transfer of firearms in an estate resulting from the death of the registrant identified in item 2a, the executor should contact the NFA

Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405.

Change of Address: Unless currently licensed under the Gun Control Act, the registrant shall notify the NFA Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405, in writing, of any change to the address in item 2a.

Change of Description: The registrant shall notify the NFA Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405, in writing, of any change to the description of the firearm(s) in item 4.

Interstate Movement: If the firearm identified in item 4 is a machinegun, short-barreled rifle, short-barreled shotgun, or destructive device, the registrant may be required by 18

U.S.C. § 922(a)(4) to obtain permission from ATF prior to any transportation in interstate or foreign commerce. ATF Form 5320. 20 can be used to request this permission.

Restrictions on Possession: Any restriction (see approval block on face of form) on the possession of the firearm identified in item 4 continues with the further transfer of the firearm.

Persons Prohibited from Possessing Firearms: If the registrant becomes prohibited from possessing a firearm, please contact the NFA Division for procedures on how to dispose of the firearm.

Proof of Registration: A person possessing a firearm registered as required by the NFA shall retain proof of registration which shall be made available to any ATF officer upon request.

Paperwork Reduction Act Notice

This form meets the clearance requirements of the Paperwork Reduction Act of 1995. The information you provide is used in applying to transfer serviceable firearms taxpaid. Data is used to iden- tify transferor, transferee, and firearm, and to ensure legality for transfer under Federal, State and local laws. The furnishing of this information is mandatory (26 U.S.C. § 5812).

The estimated average burden associated with this collection of information is 3.78 hours per respondent or recordkeeper, depending on individual circumstances. Comments concerning the accuracy

of this burden estimate and suggestion for reducing this burden should be addressed to Reports Management Officer, Information Technology Coordination Staff, Bureau of Alcohol, Tobacco,

Firearms and Explosives, Washington, DC 20226.

An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

ATF Form 4 (5320.4)

 

ATF Copy

Revised September2019
h. Federal Firearms License. A license issued under the provisions of the
GCA to manufacture, import or deal in firearms.

Privacy Act Information

The following information is provided pursuant to Section 3 of the Privacy Act of 1974 (5 U.S.C. § 552(e)(3)):

1.Authority. Solicitation of this information is made pursuant to the National Firearms Act (26 U.S.C. § 5812). Disclosure of this information by the applicant is mandatory for transfer of an NFA firearm, unless the transfer is otherwise exempt from tax.

2.Purpose. To insure payment of the tax imposed by 26 U.S.C. § 5811; to insure that the transfer 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 regulation issued thereunder, shall, except in connection with prosecution or other action for furnishing

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 purposes of prosecution 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

1. Definitions

i.

ATF Officer. An officer or employee of the Bureau of Alcohol, Tobacco,

 

National Firearms Act (NFA). Title 26, United States Code, Chapter 53. The

 

Firearms and Explosives (ATF) authorized to perform any function

a.

 

relating to the administration of the NFA.

 

implementing regulations are found in Title 27, Code of Federal Regulations,

 

 

 

Part 479.

j.

Transfer. Selling, assigning, pledging, leasing, loaning, giving away, or

 

Gun Control Act (GCA). Title 18, United States Code, Chapter 44.

 

otherwise disposing of a firearm.

b.

 

Transferor. The person selling or otherwise disposing of a firearm;

 

The implementing regulations are found in Title 27, Code of Federal

k.

 

Regulations, Part 478.

 

including applying to transfer a firearm.

c.

Firearm. The term “firearm” means: (1) a shotgun having a barrel or

l.

Transferee. The person acquiring the firearm.

 

barrels of less than 18 inches in length; (2) a weapon made from a shotgun

 

 

 

if such weapon as modified has an overall length of less than 26 inches or

m. Prohibited Person. Generally, 18 U.S.C. § 922(g) prohibits the shipment,

 

a barrel or barrels of less than 18 inches in length; (3) a rifle having a barrel

 

transportation, receipt, or possession in or affecting interstate commerce

 

or barrels of less than 16 inches in length; (4) a weapon made from a rifle

 

of a firearm by one who: has been convicted of a misdemeanor crime of

 

if such weapon as modified has an overall length of less than 26 inches or

 

domestic violence; has been convicted of a felony, or any other crime,

 

a barrel or barrels of less than 16 inches in length; (5) any other

 

punishable by imprisonment for a term exceeding one year (this does not

 

weapon as defined in 26 U.S.C. § 5845(e); (6) a machinegun; (7) a muffler

 

include State misdemeanors punishable by imprisonment of two years or

 

or silencer for any firearm whether or not such firearm is included

 

less); is a fugitive from justice; is an unlawful user of, or addicted to,

 

within this definition; and (8) a destructive device.

 

marijuana or any depressant, stimulant, or narcotic drug, or any other

 

 

 

controlled substance; has been adjudicated as a mental defective or has

d.

Person. A partnership, company, association, trust, corporation, including

 

been committed to a mental institution; has been discharged from the Armed

 

each responsible person associated with such an entity; an estate; or an

 

Forces under dishonorable conditions; has renounced his or her U.S.

 

individual.

 

citizenship; is an alien illegally in the United States or an alien admitted

 

Section A.

 

to the United States under a nonimmigrant visa; or is subject to certain

e.

Responsible Person. In the case of an unlicensed entity, including any

 

restraining orders. Furthermore, Section 922(n) prohibits the shipment,

 

trust, partnership, association, company (including any Limited Liability

 

transportation, or receipt in or affecting interstate commerce of a firearm

 

Company (LLC)), or corporation, any individual who possesses, directly or

 

by one who is under indictment or information for a felony in any Federal,

 

indirectly, the power or authority to direct the management and policies of

 

State or local court, or any other crime punishable by imprisonment for a

 

the trust or entity to receive, possess, ship, transport, deliver, transfer or

 

term exceeding one year. An information is a formal accusation of a crime

 

otherwise dispose of a firearm for, or on behalf of, the trust or legal entity.

 

verified by a prosecutor.

 

Section B.

EXCEPTION: A person who has been convicted of a felony, or any other

 

Trust: Those persons with the power or authority to direct the management

crime, for which the judge could have imprisoned the person for more than

 

and policies of the trust includes any person who has the capability to

one year, or who has been convicted of a misdemeanor crime of domestic

 

exercise such power and possesses, directly or indirectly, the power or

violence, is not prohibited from purchasing, receiving, or possessing a firearm

 

authority under any trust instrument, or under State law, to receive,

if: (1) under the law of the jurisdication where the conviction occurred, the

 

possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm

person has been pardoned, the conviction has been expunged or set aside, or

 

for, or on behalf of the trust. Examples of who may be considered a

the person has had their civil rights (the right to vote, sit on a jury, and hold

 

responsible person include settlors/grantors, trustees, partners, members,

public office) taken away and later restoredAND (2) the person is not prohibited

 

officers, directors, board members, or owners. An example of who may

by the law of the jurisdiction where the conviction occurred from receiving or

 

be excluded from this definition of responsible person is the beneficiary

possessing firearms. Persons subject to this exception should mark “no” in the

 

of a trust, if the beneficiary does not have the capability to exercise the

applicable box.

 

enumerated powers or authorities.

 

 

 

Employer Identification Number (EIN). Required of taxpayer filing

n.

Adjudicated as a Mental Defective. A determination by a court, board,

f.

 

commission, or other lawful authority that a person, as a result of marked

 

special (occupational) tax returns under 27 CFR § 479.35.

 

subnormal intelligence, or mental illness, incompetency, condition, or

 

 

 

disease: (1) is a danger to himself or to others; or (2) lacks the mental

g.

Special (Occupational) Tax. Required by the NFA to be paid by a

 

capacity to contract or manage his own affairs. This term shall include: (1) a

 

Federal firearms licensee engaged in the business of manufacturing (Class

 

finding of insanity by a court in a criminal case; and (2) those persons found

 

2), importing (Class 1), or dealing (Class 3) in NFA firearms.

 

incompetent to stand trial or found not guilty by reason of lack of mental

responsibility.

ATF Form 4 (5320.4) Revised September 2019

o.

Committed to a Mental Institution. A formal commitment of a person to

 

requirements may answer “no” to this question and are not required to

 

a mental institution by a court, board, commission, or other lawful authority.

 

submit the additional documentation under 16.d.2. An alien admitted to the

 

The term includes a commitment to a mental institution involuntarily. The

 

United States under a nonimmigrant visa is not prohibited from purchasing,

 

term includes commitment for mental defectiveness or mental illness. It

 

receiving, or possessing a firearm if the alien: (1) is in possession of a

 

also includes commitments for other reasons, such as for drug use. The

 

hunting license or permit lawfully issued by the Federal Government,

 

term does not include a person in a mental institution for observation or a

 

a State, or local government, or an Indian tribe federally recognized by the

 

voluntary admission to a mental institution.

 

Bureau of Indian Affairs, which is valid and unexpired; (2) was

 

 

 

admitted to the United States for lawful hunting or sporting purposes; (3)

EXCEPTION NICS Improvement Amendments Act of 2007: A person who

 

is an official representative of a foreign government who is accredited to

has been adjudicated as a mental defective or committed to a mental institution

 

the United States Government or the Government’s mission to an

in a state proceeding is not prohibited by the adjudication or commitment if the

 

international organization having its headquarters in the United States; (4)

person has been granted relief by the adjudicating/committing state pursuant to

 

is an official representative of a foreign government who is enroute to or from

a qualifying mental health relief from disabilities program. Also, a person who

 

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

has been adjudicated as a mental defective or committed to a mental institution

 

government or a distinguished foreign visitor who has been so designated by the

by a department or agency of the Federal Government is not prohibited by the

 

Department of State; (6) is a foreign law enforcement officer of a friendly foreign

adjudication or commitment if either: (a) the person’s adjudication or

 

government entering the United States on official law enforcement business; (7)

commitment was set-aside or expunged by the adjudicating/committing agency;

 

has received a waiver from the prohibition from the Attorney General of the

(b) the person has been fully released or discharged from all mandatory

 

United States.

treatment, supervision, or monitoring by the agency; (c) the person was found

 

 

by the agency to no longer suffer from the mental health condition that served

s.

Fugitives from Justice. Any person who has fled from any State to avoid

as the basis of the initial adjudication/commitment; or (d) the adjudication or

 

prosecution for a felony or a misdemeanor, or any person who leaves the State

commitment respectively, is based solely on a medical finding of disability,

 

to avoid giving testimony in any criminal proceeding. The term also includes

without an opportunity for a hearing by a court, board, commission, or other

 

any person who knows that misdemeanor or felony charges are pending against

lawful authority, and the person has not been adjudication as a mental defective

 

such person and who leaves the State of prosecution.

consistent with 922(g)(4) of title 18, United States code; or (e) the person was

 

 

granted relief from the adjudicating/committing agency pursuant to a qualified

2. Preparation of Application

mental health relief from disabilities program. Persons who fall within one

 

Authority. As provided by 26 U.S.C. §§ 5811 and 5812, any person seeking to

of the above exceptions should mark “no” in the applicable box. This exception

a.

to an adjudication or commitment by a Federal department or agency does

 

transferafirearmmustsubmit,induplicate,aseparateapplicationonthisformforeach

not apply to any person who was adjudicated to be not guilty by reason of

 

firearm. The transferor must furnish all the information called for, except as noted by

insanity, or based on a lack of mental responsibility, or found incompetent to

 

instructions within, on this application form. Please note that the form now contains

stand trial, in any criminal case or under the Uniform Code of Military

 

a 3rd (CLEO) copy of the form for use in compliance with instruction 2f and item 12

Justice.

 

of the form.

p.

Restraining Order. Under 18 U.S.C. § 922, firearms may not be sold to

b.

Transfer Tax Rates. The transfer tax is $200.00 except when the firearm

 

or received by persons subject to a court order that: (A) was issued after

 

is an ‘any other weapon’ where the tax rate is $5.00.

 

a hearing which the person received actual notice of and had an opportunity

 

 

 

to participate in; (B) restrains such person from harassing, stalking, or

c.

Federal Firearms Licensees. If the transferor or transferee is a Federal Firearms

 

threatening an intimate partner or child of such intimate partner or person,

 

licensee (FFL) under the GCA, the licensee’s complete name, trade name (if any),

 

or engaging in other conduct that would place an intimate partner in

 

and address shall be entered in items 2a or 3a of this form, respectively. The complete

 

reasonable fear of bodily injury to the partner or child; and (C)(i) includes a

 

licensenumberforeachshallbeenteredinitems5and7oftheformandifthelicensee

 

finding that such person represents a credible threat to the physical safety of

 

is a special (occupational) taxpayer under the NFA, the licensee’s employer

 

such intimate partner or child; or (ii) by its terms explicitly prohibits the use,

 

identification number (EIN) shall be entered in item 6 and 8 of the form, along

 

attempted use, or threatened use of physical force against such intimate

 

with the class of special tax paid. IMPORTANTNOTE:The business structure

 

partner or child that would reasonably be expected to cause bodily injury.

 

of the licensee shall be described consistently. For example, if the transferor is a sole

 

An “intimate partner” of a person is: the spouse or former spouse of the

 

proprietor, item 3a shall reflect the FFL information for the sole proprietor business

 

person, the parent of a child of the person, or an individual who cohabitates

 

and item 7 shall reflect the FFL number for that sole proprietor business. Item 8

 

or has cohabitated with the person.

 

will reflect the EIN for the sole proprietor business. If the special tax is paid as a

 

 

 

corporation, then it is not valid for the transaction. Similarly, a corporation name

q.

Misdemeanor Crime of Domestic Violence: A Federal, State, local,

 

shown in item 3a with the FFLnumber and EIN of a sole proprietor will not be valid

 

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

 

for the transaction.

 

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

 

Completion of Form (NOTE: if the transferee is a Federal firearms

 

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

d.

 

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

 

licensee except for a Type 03 licensee, items 12, 13, 14, 15, 16, 17, 18,

 

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

 

19, 20, 21 are required to be completed) .

 

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 includes

 

(1) The transferor shall provide the transferee’s full legal name to include middle and

 

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

 

physical address (no Post Office boxes) in item 2a. If the transferee is a trust or

 

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

 

legal entity, show only the complete name of the trust or legal entity and do not

 

battery), if the offense is committed by one of the defined parties. (See

 

include any individual names (such as names of trustees or corporate officials).

 

Exception in the definition of “Prohibited Person”). A person who has

 

The address shall be the location within the particular state where the firearm

 

been convicted of a misdemeanor crime of domestic violence also is not

 

will be maintained for a trust or legal entity. In the case of two or more locations

 

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

 

for a legal entity, the address shown shall be the principal place of business

 

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

 

within the particular state (or principal office, in the case of a corporation).

 

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

 

 

 

should mark “no” in the applicable box.

 

(2) If the transferee is an individual, the entire Form 4 shall be completed except for

 

 

 

items21and22. Inaddition,thetransfereemustincludehisorherfingerprintson

r.

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

 

FBI Form FD-258 and his or her photos (see instruction 2g).

 

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

 

 

 

among others, persons visiting the United States temporarily for

 

(3) If the transferee is other than an individual, e.g., a trust or legal entity such as a

 

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

 

corporation, the transferee shall not complete items 14, 15, 16, 17, 18, 19 and

 

a residence abroad, and certain temporary foreign workers. These aliens

 

20. All other items must be completed including the signing of theTransferee

 

must answer “yes” to question 16.d.1 and provide the additional

 

Certification statement by the transferee. See 2.d.5. for Responsible Person

 

documentation required under question 16.d.2. Permanent resident aliens

 

Requirements

 

and aliens legally admitted to the United States pursuant either the Visa

 

 

Waiver Program or to regulations otherwise exempting them from visa

ATF Form 4 (5320.4)

 

 

Revised September 2019

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form 4 writing process detailed (step 1)

2. When the last array of fields is complete, it is time to insert the required particulars in h Additional Description or Data, Serial Number, Transferees Federal Firearms, Transferees Special Occupational, b Class, First digits, digits, digits, digits, Transferors Federal Firearms, First digits, digits, digits, digits, and Transferors Special Occupational in order to move forward further.

form 4 conclusion process described (stage 2)

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4. This particular section arrives with all of the following empty form fields to complete: Law Enforcement Notification See, Agency or Department Name, Name and Title of Official, Address Street address or PO Box, This form provides notification of, Information for the Chief Law, Transferee Necessity Statement, Name and Title of Transferee, have a reasonable necessity to, shortbarreled shotgun or, and my possession of the device or, Transferee Questions Complete Only, Answer questions a through h, Yes, and a Are you under indictment or.

Writing section 4 of form 4

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5. To finish your form, the last section features a couple of extra blanks. Filling out imprisoned you for more than one, b Have you ever been convicted in, d Are you an unlawful user of or, under Federal law regardless of, e Have you ever been adjudicated, institution See definitionsn and o, f Have you been discharged from, g Are you subject to a court order, intimate partner or child of such, h Have you ever been convicted in, Social Security Number See, Date of Birth, Photograph, Affix a x Photograph here, and No Stapling Tape Sides of Photo to will finalize everything and you can be done in a tick!

form 4 writing process clarified (stage 5)

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