ATF Form 5330 20 – Fill Out and Use This PDF

ATF Form 5330.20 PDF Details

The Certification of Compliance with 18 U.S.C. 922(g)(5)(B) documents that a nonimmigrant alien qualifies for one of the statutory exceptions permitting lawful possession of firearms in the United States. The form is mandated by the ATF and must accompany any related federal application.

Who Must File This Form

This certification is required for nonimmigrant aliens who need to:

• Apply for a Federal Firearms License (FFL) as a nonimmigrant alien
• Purchase or receive a firearm from a licensed dealer in the United States
• Ship, transport, or possess firearms and ammunition within the United States
• Serve as a recordkeeper or responsible party for a federally licensed firearms business

A nonimmigrant alien is any foreign national admitted on a temporary basis. This includes B-1, B-2, F-1, J-1, H-1B, and other temporary visa holders. The prohibition under 18 U.S.C. 922(g)(5)(B) applies regardless of visa type unless a qualifying statutory exception is met and documented.

Qualifying Exceptions Under 18 U.S.C. 922(g)(5)(B)

The following exceptions allow a nonimmigrant alien to lawfully possess firearms and can be certified on this form:

• Holding a valid hunting license or permit issued by a U.S. state or Indian tribe
• Being admitted to the United States for lawful hunting or sporting purposes
• Serving as an officially accredited diplomatic or consular officer of a foreign government
• Being an official representative or employee of a recognized foreign government
• Being a foreign law enforcement official invited by a federal, state, or local authority
• Being an active member of a foreign military force on official duty in the United States

If none of these exceptions apply to you, you cannot lawfully possess firearms in the United States and the ATF will deny your application.

What Information Is Required

The form must be completed in ink using clear, capital letters. The ATF requires the following information:

• Full legal name of the applicant
• Country of citizenship and current visa classification
• The specific statutory exception being claimed
• Supporting documentation reference such as hunting license number or diplomatic credential
• Signature and date under penalty of law

Incomplete or inaccurate forms result in rejection of your ATF application. Review each section before signing.

Background on 18 U.S.C. 922(g)(5)(B)

Section 922(g)(5)(B) was added to the Gun Control Act under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. The law targets nonimmigrant aliens specifically. Permanent residents holding green cards are not subject to this prohibition and do not need this certification.

The distinction matters for many foreign nationals working legally in the United States on temporary visas. If your immigration status changes from a nonimmigrant visa to lawful permanent residency, you are no longer subject to the 922(g)(5)(B) prohibition. You would not need to file this certification in that situation.

The 1996 amendment was part of a broader legislative effort to address both immigration enforcement and domestic firearms regulation. It closed a gap that previously allowed nonimmigrant aliens to possess firearms without meeting the same standards applied to U.S. citizens and permanent residents.

What You Need to Know Before Filing

Legal Consequences of Noncompliance

Possessing firearms in the United States without a qualifying exception under 18 U.S.C. 922(g)(5)(B) is a federal felony. Violations carry a maximum penalty of ten years in federal prison and fines under 18 U.S.C. 924, and charges under this statute can also result in deportation proceedings.

Filing a false certification is a separate criminal offense. Willfully providing false information on a federal firearms form violates 18 U.S.C. 922(a)(6) and 18 U.S.C. 1001. Penalties for the firearms violation reach up to ten years in federal prison and up to five years for making false statements to a federal agency. Courts treat these violations seriously. Immigration consequences, including removal from the United States, routinely accompany any conviction under these statutes. Review your eligibility carefully with qualified legal counsel before you file.

Submitting the Form

After completing the form, include it in your ATF application package. Do not send the form alone. It must accompany the specific application it supports. The ATF reviews the certification as part of your full submission. Keep a copy of the signed form for your records in case the ATF requests additional information during processing.

The ATF does not publish fixed processing times for this certification alone. Processing depends on the workload at the receiving office. FFL applications currently average 60 days or longer. Submit your complete package early to avoid delays. Incomplete submissions are returned without processing. For the most current mailing addresses and processing guidance, visit the ATF official website before submitting your package.

For FFL applications that require this certification, see also the Federal Firearms License Application. For related ATF filings, see ATF Form 4473 (Firearms Transaction Record) and ATF Form 1 (Application to Make and Register a Firearm).