Articles Posted in Form 1 – 5320.1 Manufacture

Today I decided to check ATF eForms and it was back online for Form 6’s. The good news is it does show the status of previously submitted eForms. I was able to to see that a Form 1 I submitted at the end of November of 2013 was approved today. When ATF emails you confirmation of the approval it does not send you a copy of the form at the same time. If you want one or to make a electronic copy of the approved form, you can click on the approved forms section, then select the form by clicking on the one you want to view.

approved.jpgNext click the eye all the way at the right of the listing one you want.

Eye.jpgThen you can select the View Form and PDF of the approved form will show in your browser or it will be downloaded.

eforms_logo.jpgIf you were planning on submitting a form electronically to save time, you may not be able to use eForms. I logged onto the ATF eForms website yesterday and saw the following message:

The eForms software is not performing to our expectations. As a result, we are taking the eForms system down until further notice. We apologize for any inconvenience and appreciate your patience as we work with our industry partners to deliver a quality product. Any eForm submitted will continue to be processed. The finalized forms will be sent to the user via email.

Until the eForms system is returned to service for the industry, all imports forms (Forms 6 Part I and 6A), NFA forms (1, 2, 3, 4, 5, 9 and 10), and AFMER reports (Form 5300.11) must be submitted via paper, including any eForms in draft status.

Copy of submitted or finalized eForm Direct a request to eForms.Request@atf.gov

Status queries

ATF_Logo.jpgUsing an eForm to file your Form 1 or Form 4 can save several months processing time. We have seen that it can reduce the time from 9-12 months to 3-6 months. As we have outlined before, the ATFonline.gov website is not the easiest to use or understand and thus there have been many questions which ATF has attempted to address in this guide.

On January 15, 2015 the ATF released a new version of this Guide

The Topics covered include:

Yesterday, I decided to try out the ATFonline.gov Eforms submission. I found the process very easy to do and while a little confusing the first time, it seems rather intuitive. Below are the steps I followed:

  1. Register for an account at ATFonline.gov. The system is very picky and must be used with IE 8 or a recent version of Safari on OS X. Sorry no Firefox, Chrome, or even IE 7.
  2. Log in.
  3. Select the Form 1. Better to use the bar and move it with the mouse, it is very difficult to scroll through the forms. ATF needs to switch this to a drop down menu.
  4. Application – this is where you state whether you are tax exempt or will be paying a tax.
  5. Applicant – Select that you are not a FFL and then complete your information. You should list the Trust name as the Licensee / Permitee Name.applicant.jpg
  6. Add line items. You can use one application for multiple items. I choose to only do one SBR. It walked me through the process of selecting the manufacture from a list.line-item.jpg
  7. Upload electronic documents. This is where I uploaded my scanned Gun Trust Documents.upload.jpg
  8. Certify that 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 Chapter 44, Title 18, U.S.C., Chapter 53, Title 26, U.S.C., or any provisions of State or local law.
  9. Enter credit card payment information
  10. Sign and Submit. By clicking a check box, your application will be submitted.

Within a few minutes I received a confirmation email showing that I had submitted my application and it was Pending Research because the manufacture I had selected was not listed in their database. This morning I received a new update saying that my status was changed to Submitted/In Process. I will keep updating this blog as I receive more information but it already feels faster than the paper system.

ATFonline.jpgFFL holders: get on it so you’re squared away for your customers!

Gun Trusts can use this to submit an ATF Form 1 – 5320.1

“NFA eForms are finally here! ATF is pleased to announce the implementation of the NFA forms into ATF’s eForms system. ATF Forms 1, 2, 3, 4, 5, 9 and 10 are currently available for eForms submission.

The BATFE released a 60 day notice notice to make changes to the ATF Form 5320.1. This form is used to make or asemble a Title II Firearm under the National Firearms Act.

The changes would allow applicatnts to pay the transfer ta by credit card or debit card, and combine information currently captured on another form.

Here is a copy of what was published in the Federal Register Today under Notices

If you want to use multiple caliber barrels on a SBR or SBS there here are some guidelines that will help you fill out your ATF Form 1, which are also found on our updated How to fill out a Form 1 for a Trust Page.

4c should contain the caliber or gage of the firearm. Only one is acceptable. ( Multi is not acceptable, you can only list one, if you have additional calibers you want to list you should attach additional configurations in a letter attached to your Form 1 stating the caliber, barrel length, and overall length as related to the firearm listed on the Form 1.)

Previously ATF accepted them by being listed in 4h on the Form 1 but no longer accepts this.)

atf-logo.jpgThe ATF told attendees at the NSSF Import/Export conference that they had hired 12 temporary research assistants and a supervisor to review Form 4 and Form 1 applications for mistakes before the examiner gets them. (Reported by Joshua Prince at the Prince Law Firm a PA Gun Trust Attorney)

Back in April the backlog on Form 1 and Form 4 transfers was around 43000. The additional staff has almost doubled the number of transfers per month that the agency can handle. The ATF is also asking Congress to use part of the revenue generated to help update their antiquated systems as currently the taxes collected from the Form 4 and Form 1 applications is deposited into the Treasury’s account where the ATF has no access.

Apparently if a FFL submits a Form 1 or Form 4, their applications are put in a special folder for special processing because the background of the FFL has already been checked.

ATF receives numerous telephone and electronic inquiries on a daily basis. In an effort to provide individuals with the most up-to-date information, ATF has compiled a list of the top 10 most frequently asked questions and provided answers to those questions. Several of the questions deal with the manufacture, sale, use, and transfer of firearms subject to the NFA.

  1. Can a person prohibited by law from possessing a firearm acquire and use a black powder muzzle-loading firearm?
  2. May I lawfully transfer a firearm to a friend who resides in a different State?

pistolstock.jpgWhile it is legal to add a Stock or a Folding Stock to a pistol, doing so will create a SBR which must be engraved and approved using an ATF Form 1 prior to doing so. In fact, having a stock and a pistol in close proximity with the present ability to configure it as an SBR could be constructive possession of an SBR. If you are planning on doing building an SBR, you should keep the stock in a separate location so that you are not charged with possession of an SBR without a valid tax stamp and approval to do so.
While SBRs are legal in many states, they are not legal in all states and you should check to see if possession or manufacturing a SBR is legal in your state.

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