The ATF Form 1, officially known as the Application to Make and Register a Firearm, is a document required by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), under the U.S. Department of Justice. It is designed for individuals, corporations, trusts, or other legal entities aiming to manufacture or modify a firearm, including the payment of the applicable tax, unless exempt. This form plays a crucial role in ensuring that the creation and registration of firearms comply with the National Firearms Act (NFA), ensuring that individuals meet legal requirements and maintain public safety. If you are planning to make and register a firearm, ensure to accurately complete ATF Form 1 by clicking the button below.
In the realm of firearm manufacturing and registration within the United States, the ATF Form 1 plays a pivotal role, as it is mandated by the National Firearms Act (NFA) under the auspices of the U.S. Department of Justice, specifically the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This comprehensive form serves as an application for individuals, corporations, trusts, or other legal entities to legally manufacture and register a firearm. Detailed in its instructions and requirements, ATF Form 1 requires applicants to submit information in duplicate, including data on the type of firearm to be made, personal or entity information, physical descriptors of the intended firearm, and a meticulous description should the firearm be a destructive device. Furthermore, it entails a special taxation status, where applicants are liable for a $200 tax payment upon application, unless exempted under specific conditions outlined for government-affiliated entities. A critical component of this form is its legal attestations, compelling applicants to affirm the legality and accuracy of their information under penalty of perjury, thereby ensuring compliance with federal firearm regulations. It is also worth noting the form's requirement for notifying the chief law enforcement officer in the applicant's locality, which underscores the ATF's commitment to upholding public safety and law enforcement awareness regarding firearm creation and possession.
U.S. Department of Justice
OMB No. 1140-0011 (08/31/2022)
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
1.
Type of Application (check one)
undersigned hereby submits application to make and register the firearm described below.
a. Tax Paid. Submit your tax payment of $200
2.
Application is made by:
Corporation
Individual
3a. Trade name
(If any)
with the application. The tax may be paid
Other Legal Entity
Trust
Government
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
If a destructive device, 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)
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 Copy
ATF Form 1 (5320.1)
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
12.
Photograph
This form provides notification of the applicant’s intent to make and register a National Firearms Act (NFA) firearm. No action
Affix a 2” x 2” Photograph Here
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
No Stapling. Please Tape
15.d. or 15.e. could disqualify a person from acquiring or possessing a firearm. Also, ATF will not approve an application
Sides of Photo to the Application.
if the making or possession of the firearm is in violation of State or local law.
1. Photo must have been taken within the
Maker’s Questions (complete only when the maker is an individual)
last year.
A maker who is an individual must complete this Section.
2. Photo must have been taken in full face
11. Answer questions 11.a. through 11.h. Answer questions 13, 15, 16 and 17 if applicable. For any “Yes” answer
view without a hat or head covering that
the applicant shall provide details on a separate sheet. (See instruction 7c and definitions)
obscures the hair or hairline.
Yes
No
3.
On back of photograph print full name,
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)
last 4 of SSN.
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 1n)
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)
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
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)
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
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
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:
Tax Amount:
$
I Authorize ATF to Charge my Credit/Debit Card the Above Amount.
Signature of Cardholder
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.
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.
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
i. ATF Officer. An officer or employee of the Bureau of Alcohol,
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
Committed to a Mental Institution. A formal commitment of a person
answer “no” to this question and are not required to submit the additional
p.
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
EXCEPTION NICS Improvement Amendments Act of 2007: A person who
for lawful hunting or sporting purposes; (3) is an official representative of
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)
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
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
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
q.
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.
Registration by Qualified Manufacturer. A person who has a Federal
or received by persons subject to a court order that; (A) was issued after
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
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
Misdemeanor Crime of Domestic Violence. A Federal, State, local, tribal
being made for a government entity, such as a United States government
r.
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
Completion of Form (Note: If the applicant is a Federal firearms
spouse, parent, or guardian of the victim, by a person with whom the
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
includes all misdemeanors that have as an element the use or attempted use
(1)
The applicant shall provide the applicant’s full legal name to
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
Alien Admitted to the United States Under a Nonimmigrant Visa. An
shown shall be the principal place of business within the particular state
s.
(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
(3)If the applicant is other than an individual, e.g., a trust or legal entity such as a corporation, the applicant shall not complete items 11, 12,
13, 14, 15, 16 and 17. All other items must be completed including the signing of the Certification statement. See 2.d.5. for Responsible
Person Requirements.
(4)Documentation of entity existence: (a) If the applicant is other than an individual, the applicant must attach documentation evidencing the existence and validity of the entity, which includes complete and unredacted copies of partnership agreements, articles of incorporation, corporate registration, declarations of trust with any trust schedules, attachments, exhibits, and enclosures. (b) If the applicant entity has had an application approved as a maker or transferee within the preceding 24 months of the date of filing this application, and there has been no change to the documentation evidencing the existence and validity of the entity previously provided, the entity may provide a certification that the information has not been changed since the prior approval and shall identify the application for which the documentation had been submitted by form number, serial number, and date approved.
(5)If the applicant is other than an individual, each responsible person
(see definition 1e) for the trust or legal entity must include a completed
ATF Form 5320.23, National Firearms Act (NFA) Responsible Person Questionnaire, with the submitted Form 1.
(6)Item 18 (Method of Payment) is obscured on the ATF copy 2 (Registrant) and the CLEO copy. In addition, item 4g (serial number) is obscured on the CLEO copy. These fields do not require completion on these copies.
e.Photograph and Fingerprints. An individual maker (including any
Federally licensed collector who is an individual but not any other type of Federal firearms licensee) must (1) attach to each copy except for the CLEO copy in item 12 of the ATF Form 1, a 2 inch x 2 inch photograph of his/her frontal view taken within one year prior to the date of the application and (2) submit two properly completed FBI Forms FD-258
(Fingerprint Card with blue lines) with application. The fingerprints must be clear for accurate classification and taken by someone properly equipped to take them.
f.Social Security and UPIN. The Social Security number and UPIN are not required. However, this information assists with the efficient completion of the NICS background check. Please be aware that refusal to provide this information may result in a delay in the NICS background check process.
g.Signatures. All signatures required on ATF Form 1 must be original in ink on both copies. Exceptions: In the case of eforms on where a variance has been granted a Digital/Electronic signature may be used.
(1)if the applicant is an individual, the applicant shall sign the form;
(2)if the applicant is a trust or legal entity, a responsible person of the trust or legal entity shall sign the form;
(3)if the applicant is a Federal firearms licensee, a responsible person of the Federal firearms licensee shall sign the form; or
(4)if the applicant is a government entity, a person who has a authority to sign for the entity shall sign the form.
h.Law Enforcement Notification. The applicant must provide a copy of the
Form 1 to the chief law enforcement officer (CLEO) who has jurisdiction over the area of the applicant’s address shown in item 3b of the Form 1. In addition, if the applicant is other than an individual, a copy of the Form 5320.23, National Firearms Act (NFA) Responsible Person Questionnaire, for each responsible person must be provided to their respective chief law enforcement officer. The chief law enforcement officer is considered to be the Chief of Police; the Sheriff; the Head of the State Police; or a State or local district attorney or prosecutor.
i.Remittance. If the application is subject to the $200 making tax, please complete item 20 of the ATF Form 1. Please note that you may pay the tax by credit/debit card, check, or money order. The check or money order is to be made payable to ATF. Do not send cash.
jPhotocopies, Computer Generated Versions or Download Version.
The form may be copied or downloaded (for example, from the ATF website (www.atf.gov)). The form does not have to be printed front to back.
k.Description of Firearm and Markings. (1) Item 4a. If you are modifying
an existing firearm, enter the name and location of the original manufacturer. If you are creating the firearm, enter the maker’s name, city and state.
(2)Item 4b. The types of NFA firearms are listed in the definitions; (3) Item 4c. Specify one caliber or gauge. If there is another designation, indicate the designation in item 4h. (4) Item 4d. Show the model designation (if known). (5) Item 4e and 4f. Specify one barrel length and overall length in items 4e and 4f as applicable. Note: if the firearm has a folding or collapsible stock, the overall measurement is to be made with the stock extended. (6) Item 4g. Do not alter or modify the serial number of an existing firearm . Enter the existing serial number or, if a new firearm, one you create. (7) Markings: The maker is required to mark the firearm with the maker’s name, city and state as shown in item 3b. All markings are to be in compliance with 27 CFR 478.92 and 479.102.
l.State or Local Permit. If a state or local permit or license is required before the making of the firearm, a copy of the permit or license must be submitted with the application. If the applicant is a trust or legal entity, when the State of residence or any responsible person requires a State or local permit or license, a copy of the permit or license must be submitted with Form 5320.23, National Firearms Act (NFA) Responsible Person Questionnaire.
m.Compliance with explosives laws (18 U.S.C. Chapter 40) and regulations (27 CFR Part 555). If the application is for a destructive device utilizing explosive materials, check the Explosives box in item 4.j and provide the type(s) of explosives to be used. If the applicant is other than a government agency, item 5 must be completed with an explosives license or permit number issued to the applicant. If the applicant is other than an individual, such as a legal entity, and does not have an explosives license or permit, then a responsible person for the applicant must have a license or permit and enter the information in item 5. To comply with the explosives laws and regulations, any member of a legal entity must also be identified as a responsible person or employee possessor on the explosives licenser or permit. A trust cannot be issued an explosives license or permit.
n.Submission. The maker shall submit 2 complete forms (ATF copy and registrant copy) with original signatures to the NFADivision at the address on the face of the form. Theapplicantshalldirecta3rdcompletecopyoftheformtothechieflocallaw enforcement officer (CLEO) as provided in instruction 2g and item 10.
3.Approval of Application. Upon approval of an application, the NFA Division will affix the NFA tax stamp (if any) to the application, cancel it, and return the approved copy to the maker. The approval of the application effectuates registration of the firearm to the maker; however, the firearm must not be made until the applicant has been approved.
4.Withdrawal of Application. The maker may withdraw the application prior to approval by the submission of a signed, written request to the Chief, NFA Division either by mail to 244 Needy Road, Martinsburg, WV 25405 or by emailing a signed copy to nfafax@atf.gov. The NFA Division will arrange for
arefund of any tax paid.
5.Cancellation of Approved Application. An approved application may be can celled only if the firearm had not been made or modified. The maker must return the approved application with original tax stamp affixed with a written request for cancel lation, citing the need and that the making of the firearm did not take place. The NFA Division will arrange for a refund of any tax paid.
6.Disapproval of Application. If the application is disapproved, the NFA Division will note the reason for disapproval on the application and return one copy to the maker. The NFA Division will arrange for a refund of any tax paid.
7.Reason for Disapproval. 26 U.S.C. § 5822 provides that applications shall be denied if the making or possession of the firearm would place the maker in violation of law.
a.Violation of Law. Applications shall be denied if the making or
possession of the firearm would place the person making the firearm in violation of law.
b.Machineguns. 18 U.S.C. § 922 (o) provides that a machinegun may be made only for government use or export. An application will be denied unless the making meets these criteria.
c.Persons Prohibited from Making a Firearm. The application will be disapproved if the maker is a person prohibited from possessing a firearm. For information regarding persons prohibited from possessing a firearm, refer to definitions 1n through 1t.
8.Inquiries. Information relating to the NFA and other firearms laws is available at the ATF Internet website at www.atf.gov. Any inquiry relating to the status
of an application to transfer an NFA firearm or about procedures in general should be directed to the NFA Division at (304) 616-4500 or emailed to nfa@atf.gov. Please be aware that any dissemination by ATF of information relating to the application to register an NFA firearm must conform with the restrictions in 26 U.S.C. § 6103.
9.Penalties. Any person who violates or fails to comply with any of the requirements of the NFA shall, upon conviction, be fined not more than $10,000 or be imprisoned for not more than 10 years, or both. Any firearm involved in a violation of the NFA shall be subject to seizure and forfeiture. It is unlawful for any person to make or cause the making of a false entry on any application or record required by the NFA knowing such entry to be false.
10.Compliance with the Gun Control Act. Person must also comply with all relevant portions of the GCA.
ATF Form 1 (5320.1) Revised September 2019
To: National Firearms Act Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, P.O. Box 5015, Portland, OR
97208-5015
Type of Application (Check one)
3a. Trade name (If any)
3d.
County/Parish
3f.
E-mail address
4.Description of Firearm (complete items a through k) (See instruction 2j)
b. Type of Firearm to be made
Additional Description (Indicate required maker’s markings
k.
Is this firearm being reactivated?
No (See definition 1k)
5.
Applicant’s Federal Firearms License (If any) or Explosives License or Permit Number
ATF Copy 2 - To Be Returned To Registrant
10.Law Enforcement Notification (See instruction 2l)
11. Answer questions 11.a. through 11.h. Answer questions 13, 15, 16 and 17 if applicable. For any
“Yes” answer
Are you under indictment or information in any court for a felony, or any other crime, for which the judge
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)
16. If you are an alien, record your U.S.-Issued Alien or Admission number (AR#, USCIS#, or I94#):
If yes please list
Filling out ATF Form 1 can be a straightforward process with clear guidance. This form is essential for individuals or entities looking to legally make and register a firearm, as required by the National Firearms Act (NFA). Proper completion and submission of this form, in duplicate, are crucial steps in ensuring compliance with federal law. Following these step-by-step instructions will assist in the accurate completion of the form.
Once the form and supplementary documents are ready, including the duplicate copy for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), they should be sent to the specified ATF address without stapling. Remember to keep a copy for your records and ensure that all information is accurate and complete to avoid potential delays or denials. The next steps include ATF's review and, if approved, registration of the firearm in the applicant's name.
What is the ATF Form 1 and who needs to fill it out?
The ATF Form 1, also known as the Application to Make and Register a Firearm, is a document issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). It is designed for individuals, corporations, trusts, or other legal entities in the United States who intend to manufacture or assemble a firearm. This form is not only for creating new firearms but also applies to the modification of existing firearms that may change their classification under the National Firearms Act (NFA), such as converting a rifle into a short-barreled rifle. The completion and approval of this form result in the firearm being legally registered in the applicant's name.
How much does it cost to submit an ATF Form 1, and are there any instances when the tax is waived?
Submitting an ATF Form 1 requires a tax payment of $200, which accompanies the application. This fee covers the tax for making and registering the firearm under the National Firearms Act. However, there are circumstances under which the tax is exempted. Tax exemption applies if the firearm is being made on behalf of the United States or any of its departments or agencies, or on behalf of any State or possession of the United States, any political subdivision thereof, or any official police organization of such a government entity engaged in criminal investigations.
What information is required on an ATF Form 1?
The form requires detailed information about the applicant and the firearm to be made or modified. For individual applicants, this includes full legal name, mailing and physical address, telephone number, and email address. The firearm's description, including type, caliber or gauge, model, barrel length, overall length, serial number, and the manufacturer's details, are also required. Additionally, applicants must state why they intend to make the firearm and provide law enforcement notification. Trusts and legal entities need to list responsible persons, and all applicants must answer eligibility questions and provide payment information.
Can an ATF Form 1 be filled out for any type of firearm?
ATF Form 1 is specifically intended for firearms covered under the National Firearms Act, including short-barreled rifles, short-barreled shotguns, machine guns, suppressors (silencers), destructive devices, and any other weapons as defined by the NFA. It is not used for standard firearms transactions or registrations, which are governed by other regulations and forms.
What happens after the ATF Form 1 is approved?
Upon approval, the applicant has the legal authorization to proceed with the making or modification of the firearm as described in the application. The approved form serves as evidence of registration of the firearm in the applicant's name, aligning with NFA requirements. The applicant is also provided with an ATF control number and, if applicable, a tax stamp signifying the payment of the making tax. It is essential for the applicant to adhere to any conditions outlined in the approval and to update the ATF regarding any significant changes to the firearm or their information.
Where can applicants get help if they have questions or need guidance while filling out the ATF Form 1?
Applicants seeking assistance with the ATF Form 1 can contact the National Firearms Act Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives. The ATF provides resources, including detailed instructions accompanying the form and the ability to contact ATF staff for guidance. Additionally, many firearms legal services and organizations offer advice and services to help applicants navigate the process of completing and submitting an ATF Form 1.
Filling out the ATF Form 1, "Application to Make and Register a Firearm", is a critical step in legally manufacturing or modifying firearms under the National Firearms Act (NFA). However, applicants often make mistakes that can lead to delays or denials. Understanding these common errors can streamline the process and increase the likelihood of approval.
One prevalent mistake is neglecting to submit the application in duplicate. The ATF requires two copies of the completed form, yet applicants frequently submit only one, leading to processing delays. Additionally, applicants must ensure not to staple the documents, as per the ATF's instructions, to avoid damage to the paperwork.
Incorrect tax payment method or amount is another common error. Whether choosing the tax-paid or tax-exempt route, it's crucial to follow the instructions carefully and ensure the correct payment or exemption is noted. For tax-paid applications, the $200 payment must accompany the form, and acceptable payment methods include credit or debit card, check, or money order.
Another significant mistake involves the applicant's details section. Applicants often mistakenly provide incomplete or inaccurate legal names, mailing addresses, or omit the county/parish. It's key to type or print clearly, ensuring all provided information matches official documents precisely.
Erroneously listing or forgetting to list the Responsible Person(s) associated with trusts or legal entities is a frequent oversight. Each Responsible Person must be listed, and a completed Form 5320.23 for each individual is necessary. This form is essential for background checks and is a common stumbling block if overlooked.
Confusion about the firearm's description can also pose issues. Applicants must provide detailed information about the firearm, including the type, model, caliber or gauge, and dimensions. Errors or vagueness in this section can cause delays. If the firearm to be made is a destructive device, additional information regarding the type of device and explosives must be meticulously detailed.
Furthermore, the section on the applicant's background and eligibility is often incorrectly filled out. Answering questions about criminal history, drug use, or citizenship inaccurately can lead to denial. It’s crucial to answer these questions truthfully and provide any necessary supporting documents.
Choosing the incorrect type of application, such as tax-paid versus tax-exempt, without understanding the specific criteria for each, is another common error. This choice affects both the application process and the requirements for documentation, making it essential to understand the distinction fully before filling out the form.
Last but not least, failing to notify the chief law enforcement officer (CLEO) in the applicant's area is a frequently missed step. A copy of the completed form must be provided to the CLEO as part of the application process, yet this requirement is often overlooked or misunderstood by applicants.
By paying close attention to these details and adhering to the instructions provided by the ATF, applicants can avoid common pitfalls and facilitate a smoother application process.
Filling out ATF Form 1, known as the Application to Make and Register a Firearm, is a significant step for individuals or entities looking to legally manufacture or modify firearms under the National Firearms Act (NFA). While ATF Form 1 is crucial, it's often only one part of the document package necessary for compliance with ATF regulations. Understanding the supporting documents required for submission along with ATF Form 1 can streamline the process and avoid delays. Here's a look at several other forms and documents commonly associated with ATF Form 1:
Collecting and submitting the correct forms and documents is vital to the successful registration of an NFA item. This not only ensures compliance with federal laws but also helps protect the rights of firearms owners and manufacturers. Always check the latest ATF guidelines and consult with a legal expert when necessary to navigate the regulatory landscape successfully.
The ATF Form 1, or Application to Make and Register a Firearm, shares similarities with a variety of other legal and governmental forms. The likeness often revolves around the need for comprehensive personal information, compliance statements, and sometimes the payment of fees for processing or licensing purposes.
One similar document is the Form 4 (ATF Form 5320.4), also within the realm of the National Firearms Act (NFA), used for transferring NFA firearms. Like Form 1, it requires detailed information about the transferor and transferee, a description of the firearm, and law enforcement notification. Both serve regulatory purposes, ensuring the legal transfer and manufacture of firearms, respectively.
The Form 4473 (Firearms Transaction Record) is another document that necessitates extensive personal data from prospective firearm purchasers. This form is used to vet individuals prior to a firearm sale, verifying that the purchaser is legally eligible to buy a firearm, similar to the vetting process on Form 1 for individuals manufacturing firearms.
The ATF Form 7 (Application for Federal Firearms License) is used by individuals or entities applying to become licensed firearms dealers, manufacturers, or importers. Like Form 1, Form 7 demands detailed personal or business information, background checks, and acknowledgment of legal responsibilities tied to dealing with firearms.
The ATF E-Form 6 (Application and Permit for Importation of Firearms, Ammunition and Implements of War) requires importers to provide precise details about the firearms to be imported, similar to the detailed description of firearms to be made on Form 1. Both forms play crucial roles in controlling the flow of firearms, whether they are being imported or manufactured.
The ATF Form 5320.23 (National Firearms Act (NFA) Responsible Person Questionnaire) accompanies Form 1 when a trust or legal entity is applying. Both forms collect background information to assess eligibility under the NFA, although Form 5320.23 focuses on the individuals responsible for the trust or legal entity.
The ATF Form 5 (Application for Tax Exempt Transfer and Registration of Firearm) is utilized for transferring NFA firearms without the transfer tax under certain conditions, such as to a lawful heir. Both Form 5 and Form 1 require descriptions of the firearm and parties involved but serve different functions within the regulatory framework.
The Form 10 (ATF Form 5320.10), Application for Registration of Firearms Acquired by Certain Governmental Entities, looks into the documentation of firearms acquired by government entities that are not subject to the same taxes private individuals face on Form 1. Despite these differences, both forms facilitate legal firearm possession through registration.
The Application for Explosives License or Permit (ATF Form 5400.13/5400.16) shares the premise of needing extensive information and background checks, akin to Form 1. While it deals with explosives rather than firearms, both documents ensure that individuals or entities engaging with potentially dangerous items meet strict criteria.
The ATF Form 3310.4 (Report of Multiple Sale or Other Disposition of Pistols and Revolvers) requires vendors to report multiple sales of handguns. Both this form and Form 1 contribute to law enforcement's ability to track the flow of firearms for public safety purposes, even though they are used by different actors in the firearm lifecycle.
The Application for Tax Paid Transfer and Registration of Firearm (ATF Form 4) closely resembles Form 1 but is utilized specifically for the transfer rather than the manufacture of NFA items. Both require payment of a tax (unless exempt), detailed descriptions of the firearm, and the submission of photographs and fingerprints for individuals.
When filling out the ATF Form 1, it's essential to proceed with care and attention to detail. Below are lists of things you should and shouldn't do to help guide you through the process.
Things You Should Do:
Things You Shouldn't Do:
One common misconception is that the ATF Form 1 is only for individuals. In reality, corporations, trusts, other legal entities, and government entities can also use this form to apply for the making and registering of a firearm.
Many believe the ATF Form 1 process does not require notifying local law enforcement. However, applicants must provide a copy of the completed form to the chief law enforcement officer in their area, informing them of their intent to make and register a firearm.
There's a misconception that all applications require a $200 tax payment. While the standard fee is $200 for most firearms, certain applications, such as those made on behalf of the United States or any state or political subdivision, are tax-exempt.
Some think that once you submit ATF Form 1, no further action is required on their part. In fact, applicants must also submit fingerprints and photographs, and, in the case of trusts or legal entities, all responsible persons associated with the trust or legal entity must also provide this information.
A misunderstanding exists that you don't need to provide a detailed description of the firearm being made. However, detailed specifications, including type, caliber, model, barrel length, and overall length, must be provided in the application.
There's a false belief that the form is approved immediately upon submission. The process involves a thorough review by the ATF, which can take several months, and the application can be approved or denied based on multiple factors including compliance with state and local laws.
Some people think the form is only for making new firearms. It can also be used for reactivating unserviceable firearms, though this action incurs the same tax liability as making a new firearm.
There's a notion that personal history questions, such as those related to criminal history or substance abuse, are not crucial to the application. In fact, these questions are critical, and lying on the form is a federal offense with serious consequences.
Lastly, many believe that if the application is denied, you lose the tax payment. The application fee is refunded if the application is not approved, ensuring that applicants are not financially penalized for a denied application.
When filling out and using the ATF Form 1 for the application to make and register a firearm under the National Firearms Act (NFA), it is crucial to understand the following key takeaways:
Understanding these takeaways can significantly streamline the process of applying to make and register a firearm under the NFA, ensuring compliance with the law and avoiding unnecessary complications. The importance of thoroughness, accuracy, payment of the appropriate tax (when applicable), and compliance with notification and registration requirements cannot be overstated.
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