NFA Gun Trust Lawyer Blog
Fax (304) 616-4501 or email NFAFAX@atf.govUsing a Gun Trust and an ATF Form 5320.20
How to fill out an ATF Form 1 ( 5320.20) for a Gun Trust. This page has been updated for 41F
These links provide instructions on the ATF forms as of 2019 Form 1, Form 4, Form 5, Form 23
The Form 20 can be mailed, faxed, or emailed to
Mailing Address
ATTN NFA Branch
244 Needy Road
Martinsburg, WV 24505
Fax (304) 616-4501 or email NFAFAX@atf.gov
NOTE: MOVING WITHIN YOUR STATE
ATF has recently updated their forms and now requires notification when you move within a state for any NFA Firearm. This can be done using the 5320.20 form which is described on this page. While the document states that it is not necessary when moving across state lines for a suppressor, it is now required by the instructions on the Form 4. Regardless of how you feel, we would recommend that you complete a Form 20 for any move even if across the street.
The ATF requires prior authorization after a written request to transport any destructive device, machine gun, short-barreled rifle, or short-barreled shotgun under Section 922(a)(4), The ATF does not require this prior authorization for a suppressor. While the prior authorization from the ATF is not required, we do still recommend obtaining an approved Form 20 from the ATF for Suppressors before crossing state lines. We feel that it is better to have a document from the federal government stating it is legal to be in possession of the item in another state than is listed on your Form 4 or Form 1 which was used to acquire the item.
Title 18 U.S.C. While the ATF use to accept a letter, ATF stopped accepting letters and is requiring this form to be filled out and it needs to be submitted in duplicate.
Anytime you move or want to take NFA firearms across state lines Two copies of the Form 20 should be completed and sent to the following address by mail, fax or email:
BATFE
Attention: NFA Branch
244 Needy Road
Martinsburg, WV 25405Fax (304) 616-4501 or email NFAFAX@atf.gov
Once the ATF approves the transportation, they will return a Form 20 to the registered owner. The approval authorizes the registered owner to transport the designated firearm(s) only during the time period specified in item 3 on the form.
THE AUTHORIZATION DOES NOT CARRY OR IMPORT RELIEF FROM ANY STATUTORY OR REGULATORY PROVISIONS RELATING TO FIREARMS OTHER THAN 27 CFR 478.28.
NOTE: Prior authorization should only be requested to a state where the items are legal to possess. A mistaken authorization to transport an
item to a state does not mean it is legal to do so and while there may be an argument against federal prosecution, it should not be relied
upon to protect you from state prosecution.
If a contract or common carrier is used to transport the firearm(s) a copy of ATF Form 5320.20 shall be furnished to the carrier and shall be in possession of the carrier for the duration of the transportation. This will meet the requirements of sections 922(e) and (f) of the Gun Control Act of 1968.
Here is a link to an ATF_Form_5320_20
This form is in a PDF format that permits you to type your information. If you have questions about the form 20, you can call the ATF by dialing 1-304-616-4500 or by contacting your Gun Trust Lawyer.
Instructions
1. The Full Name should be the name of your Trust.
2. Select YES if this is a temporary transportation across state lines and NO if the items will not be returned.
3. You can select a date range of up to 1 year. For example Jan 1, 2015 to Dec 31, 2015
5. Reason for Transfer: Change of Address or Local shooting event, hunting… ( If moving to NC see this link)
6. Should be the current location of the items
7. Should be the location you are traveling to.
8. This should be how the items will be transported.
12. Will be signed by the Trustee submitting the Application.
13. Is the date you are signing the request.
If you are looking for information on How to Complete an ATF Form 4 or Form 1 see the following pages:
How to Complete an ATF Form 4
How to Complete an ATF Form 1
Updated 3/6/19 DMG