Firearm Declaration Form PDF Details

Understanding the complexities of lawful firearm creation and registration in the United States requires a thorough familiarization with the Firearm Declaration Form, officially known as ATF Form 1 (5320.1), revised in September 2019. This document, integral to the process, is mandated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), a division of the U.S. Department of Justice. The form serves multiple crucial functions: it is an application for individuals, corporations, trusts, or other legal entities to legally make and register a firearm in accordance with the National Firearms Act (NFA), Title 26, U.S.C., Chapter 53. A standout aspect of this form includes the need to declare the type of firearm being created, providing specific details such as the firearm's model, caliber, and overall length, as well as the manufacturer or importer’s details if applicable. Moreover, it demands the disclosure of the applicant’s full legal name, mailing address, and, if applicable, the entity's Employer Identification Number (EIN) and Special (Occupational) Tax Status. Additionally, it necessitates a tax payment of $200 unless the firearm is being made for certain government purposes, which are tax-exempt. Furthermore, upon approval, the ATF will affix and cancel a National Firearms Act Stamp on the application. The completion and submission of this form, which must be sent in duplicate and without stapled documents, signify a pivotal step in ensuring that the making and possession of the firearm comply with federal law, highlighting the importance of accuracy and honesty in the process.

QuestionAnswer
Form NameFirearm Declaration Form
Form Length4 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min
Other namesgun license ontario form, rcmp 5589, canada firearms declaration form, cafc909

Form Preview Example

1. Type of Application (check one)

OMB No. 1140-0011 (08/31/2022)

U.S. Department of Justice

Bureau of Alcohol, Tobacco, Firearms and Explosives

Application to Make and Register a Firearm

ATF Control Number

To: National Firearms Act Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, P.O. Box 5015, Portland, OR 97208-5015 (Submit in duplicate. Please do not staple documents. See instructions attached.)

As required by Sections 5821 (b), 5822, and 5841 of the National Firearms Act, Title 26 U.S.C., Chapter 53, the undersigned hereby submits application to make and register the firearm described below.

2.

Application is made by:

 

 

Corporation

 

Individual

3a. Trade name (If any)

 

 

a. Tax Paid. Submit your tax payment of $200

 

 

Other Legal Entity

 

 

Trust

 

Government

 

 

 

 

 

with the application. The tax may be paid

 

 

 

 

 

 

 

 

 

 

by credit or debit card, check, or money order.

 

 

 

 

 

 

 

 

Entity

 

 

 

 

 

Please complete item 17. Upon approval of

3b.

Applicant’s Full Legal Name and Mailing Address (Type or print below) (See instruction 2d)

 

 

the application, we will affix and cancel the

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

required National Firearms Act Stamp.

 

 

 

 

 

 

 

 

 

 

 

3d.

County/Parish

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(See instruction 2c and 3)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b. Tax Exempt because firearm is being made on

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3e. Telephone Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

behalf of the United States, or any department,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

independent establishment, or agency thereof.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

c. Tax Exempt because firearm is being made

 

 

 

 

 

 

 

 

 

 

 

3f.

E-mail address

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

by or on behalf of any State or possession of the

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

United States, or any political subdivision

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

thereof, or any official police organization of

3c.

If P.O. Box is shown above, street address must be given here

 

 

 

 

 

such a government entity engaged in criminal

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

investigations.

4.Description of Firearm (complete items a through k) (See instruction 2j)

a.

Name and Address of Original Manufacturer and/or

b. Type of Firearm to be made

c.

Caliber or

d.

Model (As marked on firearm)

 

 

Importer of Firearm (If any)

(See definition 2k)

 

Gauge

 

 

 

 

 

 

Ifadestructivedevice,complete

 

(Specify

 

 

 

 

 

 

e. Barrel length:

f. Overall length:

 

 

 

item 4j

 

one)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

g.

Serial Number

 

 

 

 

 

 

 

 

 

 

h.

Additional Description (Indicate required maker’s markings

to include maker’s

i. Specify

Why You Intend To Make Firearm (Use additional sheet if necessary)

 

 

name (as registered), city and state as each will appear on firearm)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

j. Type of destructive device (check one box):

Firearm

Explosives (If the Explosives box is checked, complete item 5 and see instruction 2m)

If an explosive type destructive device, identify the type of explosive(s):

k.

Is this firearm being reactivated?

 

Yes

 

No (See definition 1k)

 

 

 

 

 

 

 

 

 

5.

Applicant’s Federal Firearms License (If any) or Explosives License or Permit Number

6.

Special (Occupational) Tax Status (if applicable) (See definitions)

 

 

 

 

 

 

 

 

 

(Give complete 15-digit Number)

 

 

 

 

a.

Employer Identification Number

b. Class

Under Penalties of Perjury, I Declare that I have examined this application, including accompanying documents, and to the best of my knowledge and belief it is true, accurate and complete and the making and possession of the firearm described above would not constitute a violation of Title 18, U.S.C., Chapter 44,

Title 26, U.S.C., Chapter 53; or any provisions of State or local law.

7.Signature of Applicant

8.Name and Title of Authorized Official

9.Date

The space below is for the use of the Bureau of Alcohol, Tobacco, Firearms and Explosives

By authority of the Director, Bureau of Alcohol, Tobacco, Firearms and Explosives, this application has been examined and the applicant’s making and registration of the firearm described above is:

Approved (With the following conditions, if any)

Disapproved (For the following reasons)

Authorized ATF Official

Date

Previous Editions Are Obsolete

ATF Form 1 (5320.1)

 

ATF Copy

Revised September 2019

MAKER’S CERTIFICATION (not completed by a GOVERNMENT ENTITY)

10.Law Enforcement Notification (See instruction 2l)

Each applicant is to provide notification of the proposed making and possession of the firearm described on this Form 1 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 applicant’s intent to make and register a National Firearms Act (NFA) firearm. No action on your part is required. However, should you have information that may disqualify this person from making or possessing a firearm, please contact the NFA Division at (304) 616-4500 or NFA@atf.gov. A “Yes” answer to items 11.a. through 11.h. or 15.d. or 15.e. could disqualify a person from acquiring or possessing a firearm. Also, ATF will not approve an application

if the making or possession of the firearm is in violation of State or local law.

Maker’s Questions (complete only when the maker is an individual)

A maker who is an individual must complete this Section.

11.Answer questions 11.a. through 11.h. Answer questions 13, 15, 16 and 17 if applicable. For any “Yes” answer the applicant shall provide details on a separate sheet. (See instruction 7c 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 1n)

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? (Seedefinition1n)

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

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 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 institution? (See definition 1o and 1p)

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

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 1q)

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

12. Photograph

Affix a 2” x 2” Photograph Here

No Stapling. Please Tape

Sides of Photo to the Application.

1.Photo must have been taken within the last year.

2.Photo must have been taken in full face view without a hat or head covering that obscures the hair or hairline.

3.On back of photograph print full name, last 4 of SSN.

13. Social Security Number: (See instruction 2f)

Date of Birth:

 

 

 

 

 

 

 

 

 

14a. Ethnicity

Hispanic or Latino

 

14b. Race

American Indian or Alaska Native

Black or African American

White

 

 

 

 

 

 

Not Hispanic or Latino

 

Asian

Native Hawaiian or Other Pacific Islander

 

 

 

 

15a. Country of Citizenship: (Check/List more than one, if applicable. Nationals of the United States may check U.S.A.) (See definition 1s)

 

 

United States of America

Other Country/Countries (specify):

 

 

 

15b. State of Birth

15c.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

 

 

 

16. If you are an alien, record your U.S.-Issued Alien or Admission number (AR#, USCIS#, or I94#):

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

Yes

No If yes please list

CERTIFICATION: Under penalties imposed by 18 U.S.C. § 924 and 26 U.S.C. § 5861, I certify that, upon submission of this form to ATF, a completed copy of this form will be directed to the chief law enforcement officer (CLEO) shown in item 10, 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) for the items to be

completed depending on the type of applicant.

 

Signature of Maker

 

Date

 

 

 

 

 

 

 

 

ATF Copy

 

ATF Form 1 (5320.1)

 

 

 

Revised September 2019

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

19.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 1 application for each Responsible Person.

Full Name

 

Full Name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

20.Method of Payment (Check one) (See instruction 2i) (if paying by credit/debit card, complete the sections below)

 

Check (Enclosed)

Cashier’s Check or

Visa

Mastercard

American

Discover

Diners Club

 

 

 

Money Order (Enclosed)

 

 

Express

 

 

 

 

 

 

 

 

 

 

Credit/Debit Card Number (No dashes)

 

Name as Printed on the Credit/Debit Card

 

Expiration Date (Month & year)

 

 

 

 

 

 

 

 

 

 

 

 

Address:

 

 

 

 

 

 

 

 

Credit/Debit Card

 

 

 

 

 

 

 

 

 

Billing Address:

 

 

 

 

 

 

 

 

 

City:

 

State:

 

Zip Code:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

Tax Amount:

$

 

 

 

Signature of Cardholder

 

Date

Your credit/debit card will be charged the above stated amount upon receipt of your application. 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 3b, the executor should contact the NFA Division, Bureau of ATF, 244 Needy Road, Martinsburg, WV 25405.

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.

Change of Description or Address: 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 in item 4, or any change to the address of the registrant.

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 is in accordance with the Paperwork Reduction Act of 1995. The information you provide is used to establish that the applicant’s making and possession of the firearm would be in conformance with Federal, State, and local law. The data is used as proof of lawful registration of a firearm to the manufacturer. The furnishing of this

information is mandatory (26 U.S.C. § 5822).

The estimated average burden associated with this collection of information is 4.0 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 1 (5320.1)

ATF Copy

Revised September 2019

PrivacyActInformation

1.Authority. Solicitation of this information is made pursuant to the National Firearms Act (26 U.S.C. § § 5821 and 5822). Disclosure of this information by the applicant is mandatory for any person (other than a manufacturer qualified under the National Firearms Act) making a firearm as defined in the National Firearms Act.

2.Purpose. To verify payment of the tax imposed by 26 U.S.C. § 5821; to determine that the making 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 false 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 viola tion 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.

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

The implementing regulations are found in Title 27, Code of Federal Regulations, Part 479.

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

The implementing regulations are found in Title 27, Code of Federal Regulations, Part 478.

c.Firearm. The term “firearm” means: (1) a shotgun having a barrel or 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 a barrel or barrels of less than 18 inches in length; (3) a rifle having a barrel or barrels of less than 16 inches in length; (4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length; (5) any other weapon, as defined in 26 U.S.C. § 5845(e); (6) a machinegun;

(7) a muffler or a silencer for any firearm whether or not such firearm is included within this definition; and (8) a destructive device,as defined in 26

U.S.C. § 5845 (f).

d.Person. A partnership, company, association, trust, corporation, including each responsible person associated with such an entity; an estate; or an individual.

Section A

e.Responsible Person. In the case of an unlicensed entity, including any trust, partnership, association, company (including any Limited Liability

Company (LLC)), or corporation, any individual who possesses, directly or indirectly, the power or authority to direct the management and policies of

the trust or entity to receive, possess, ship, transport, deliver, transfer or otherwise dispose of a firearm for, or on behalf of, the trust or legal entity.

Section B

Trust: Those persons with the power or authority to direct the management and policies of the trust includes any person who has the capability to exercise such power and possesses, directly or indirectly, the power or

authority under any trust instrument, or under State law, to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm

for, or on behalf of the trust. Examples of who may be considered a responsible person include settlors/grantors, trustees, partners, members, officers, directors, board members, or owners. An example of who may be excluded from this definition of responsible person is the beneficiary of a trust, if the beneficiary does not have the capability to exercise the

enumerated powers or authorities.

f.Employer Identification Number (EIN). Required of taxpayer filing special (occupational) tax returns under 27 CFR § 479.35.

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

Federal firearms licensee engaged in the business of manufacturing (Class 2), importing (Class 1), or dealing (Class 3) in NFA firearms.

h.Federal Firearms License. A license issued under the provisions of the

GCA to manufacture, import or deal in firearms.

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

Tobacco, Firearms and Explosives (ATF) authorized to perform any function relating to the administration of the NFA.

j.Make. The term “make”, and the various derivatives of such word, shall include manufacturing (other than by one qualified to engage in such business under the NFA), putting together, altering, any combination of these, or otherwise producing a firearm.

k.Reactivation. The restoration of a registered unserviceable NFA firearm to a functional condition. This action incurs the making tax liability.

l.Unserviceable Firearm. One which is incapable of discharging a shot by means of an explosive and incapable of being readily restored to firing condition. An acceptable method of rendering most firearms unserviceable is to fusion weld the chamber closed and fusion weld the barrel solidly to the frame.

m.Maker. A person applying to make an NFA firearm.

n.Prohibited Person. Generally, 18 U.S.C. § 922 (g) prohibits the shipment, transportation, receipt, or possession in or affecting interstate commerce of a firearm by one who: has been convicted of a misdemeanor or crime of

domestic violence; has been convicted of a felony, or any other crime, pun ishable by imprisonment for a term exceeding one year (this does not

include State misdemeanors punishable by imprisonment of two years or less); is a fugitive from justice, is an unlawful user of, or addicted to, marijuana or any depressant, stimulant, or narcotic drug, or any other

controlled substance; has been adjudicated as a mental defective or has been committed to a mental institution; has been discharged from the

Armed Forces under dishonorable conditions, has renounced his or her

U.S. citizenship; is an alien illegally in the United States or an alien admitted to the United States under a nonimmigrant visa; or is subject to certain restraining orders. Furthermore, Section 922 (n) prohibits the ship ment, transportation, or receipt in or affecting interstate commerce of a firearm by one who is under indictment or information for a felony in any

Federal, State or local court, or any other crime, punishable by imprison ment for a term exceeding one year. An information is a formal accusation of a crime verified by a prosecutor.

EXCEPTION: A person who has been convicted of a felony, or any other crime, for which the judge could have imprisoned the person for more

than one year, or who has been convicted of a misdemeanor crime of domestic violence, is not prohibited from purchasing, receiving, or possess ing a firearm if: (1) under the law of the jurisdiction where the conviction occurred, the person has been pardoned, the conviction has been expunged or set aside, or the person has had their civil rights (the right to vote, sit on a jury, and hold public office) taken away and later restored AND (2) the person

is not prohibited by the law of the jurisdiction where the conviction occurred from receiving or possessing firearms. Persons subject to this exception should mark “no” in the applicable box.

o.Adjudicated As a Mental Defective. A determination by a court, board,

commission, or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease:

(1) is a danger to himself or to others; or (2) lacks the mental capacity to contract or manage his own affairs. This term shall include; (1) a finding of insanity by a

ATF Form 1 (5320.1)

Revised September 2019

 

Instruction (Continued)

 

 

court in a criminal case; and (2) those persons found incompetent to stand trial

 

admitted to the United States pursuant to either the Visa Waiver Program or

 

or found not guilty by reason of lack of mental responsibility.

 

to regulations otherwise exempting them from visa requirements may

 

 

 

answer “no” to this question and are not required to submit the additional

p.

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

 

documentation under 11.d.2. An alien admitted to the United States under

 

to a mental institution by a court, board, commission, or other lawful

 

a nonimmigrant visa is not prohibited from purchasing, receiving, or

 

authority. The term includes a commitment to a mental institution

 

possessing a firearm if the alien; (1) is in possession of a hunting license or

 

involuntarily. The term includes commitments for other reasons, such as

 

permit lawfully issued by the Federal Government, a State, or local

 

for drug use. The term does not include a person in a mental institution

 

government, or an Indian tribe federally recognized by the Bureau of Indian

 

for observation or a voluntary admission to a mental institution.

 

Affairs, which is valid and unexpired; (2) was admitted to the United States

 

 

 

for lawful hunting or sporting purposes; (3) is an official representative of

EXCEPTION NICS Improvement Amendments Act of 2007: A person who

 

a foreign government who is accredited to the United States Government

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

 

or the Government’s mission to an international organization having its

institution in a state proceeding is not prohibited by the adjudication or

 

headquarters in the United States; (4) is an official representative of a

commitment if the person has been granted relief by the adjudicating/

 

foreign government who is en route to or from another country to which

committing state pursuant to a qualifying mental health relief from disabilities

 

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

 

distinguished foreign visitor who has been so designated by the

committed to a mental institution by a department or agency of the Federal

 

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)

 

foreign government entering the United States on official law enforcement

the person’s adjudication or commitment was set-aside or expunged by the

 

business; (7) has received a waiver from the prohibition from the Attorney

adjudicating/committing agency; (b) the person has been fully released or

 

General of the United States.

discharged from all mandatory treatment, supervision, or monitoring by the

 

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/

 

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

commitment; or (d) the adjudication or commitment, respectively is based

 

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

 

includes any person who knows that misdemeanor or felony charges are

by a court, board, commission, or other lawful authority, and the person has

 

pending against such person and who leaves the State of prosecution.

not been adjudicated as a mental defective consistent with section 922(g)(4)

 

 

 

of title 18, United States Code; or (e) the person was granted relief from the

2. Preparation of Application and Payment of Tax.

adjudicating/committing agency pursuant to a qualified mental health relief

 

 

 

from disabilities program. Persons who fall within one of the above exceptions

a.

Authority. As provided by 26 U.S.C. § 5822, any person (other than a

should mark “no” in the applicable box. This exception to an adjudication

 

qualified manufacturer of firearms (see paragraph b)) seeking to make a

or commitment by a Federal department or agency does not apply to any

 

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

 

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

 

called for, except as noted by instructions within, on this application form.

criminal case or under the Uniform Code of Military Justice.

 

Please note that the form now contains a 3rd (CLEO) copy of the form for

 

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

 

use in compliance with instruction 2g and item 10 of the form.

q.

 

Registration by Qualified Manufacturer. A person who has a Federal

 

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

b.

 

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

 

firearms license to manufacture firearms (Type 07 or 10) and who has paid

 

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

 

special (occupational) tax to manufacture NFA firearms is exempt from the

 

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

 

making tax and filing of the ATF Form 1 application. Such qualified manu

 

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

 

facturer must report and register each NFA firearm manufactured by filing

 

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

 

ATF Form 2, Notice of Firearms Manufactured or Imported, as required by

 

includes a finding that such person represents a credible threat to the

 

27 CFR § 479.103.

 

physical safety of such intimate partner or child; or (ii) by its terms

 

Payment of/Exemption from Payment of Tax. As provided in 26 U.S.C.

 

explicitly prohibits the use, attempted use, or threatened use of physical

c.

 

force against such intimate partner or child that would reasonably be

 

§ 5821, there is a $200.00 tax on each firearm made, except as provided in

 

expected to cause bodily injury. An “intimate partner” of a person is; the

 

26 U.S.C. §§ 5852 and 5853, when an NFA firearm may be made without

 

spouse or former spouse of the person, the parent of a child of the person,

 

payment of the tax when made by, or on behalf of the United States or any

 

or an individual who cohabitates or has cohabitated with the person.

 

State or political subdivision thereof. Documentation that the firearm is

 

 

 

being made for a government entity, such as a United States government

r.

Misdemeanor Crime of Domestic Violence. A Federal, State, local, tribal

 

contract or a State or local government agency purchase order, must

 

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

 

accompany the application. The reactivation of a registered unserviceable

 

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

 

firearm is subject to the making tax.

 

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

 

 

 

 

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

d.

Completion of Form (Note: If the applicant is a Federal firearms

 

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

 

licensee except for a Type 03 license, items 10, 11, 12, 13, 14, 15, 16, and

 

cohabited with the victim as a spouse, parent, or guardian, or by a person

 

17 are not required to be completed.)

 

similarly situated to a spouse, parent, or guardian of the victim. The term

 

(1)

The applicant shall provide the applicant’s full legal name to

 

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

 

 

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

 

 

include middle and mailing address in item 3b. If a post office box

 

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

 

 

address is used, the physical address shall be entered in item 3c.

 

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

 

 

If the applicant is a trust or legal entity, show only the complete name

 

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

 

 

of the trust or legal entity and do not include any individual

 

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

 

 

names (such as names of trustees or corporate officials). The

 

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

 

 

address shall be the location within the particular state where

 

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

 

 

the firearm will be maintained for a trust or legal entity. In

 

should mark “no” in the applicable box.

 

 

the case of two or more locations for a legal entity, the address

 

 

 

 

shown shall be the principal place of business within the particular state

s.

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

 

 

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

 

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

 

 

 

 

among others, persons visiting the United States temporarily for business

 

(2)

If the applicant is an individual, the entire Form 1 shall be completed

 

or pleasure, persons studying in the United States who maintain a residence

 

 

except for items 18 and 19. In addition, the applicant must include

 

abroad, and certain temporary foreign workers. These aliens must answer

 

 

his or her fingerprints on FBI Form FD-258 and his or her photographs

 

“yes” to question 11.d.1 and provide the additional documentation required

 

 

(see instruction 2g).

 

under question 11.d.2. Permanent resident aliens and aliens legally

 

 

ATF Form 1 (5320.1)

 

 

 

Revised September 2019

 

 

 

 

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