Recently in Form 1 - 5320.1 Manufacture Category

May 20, 2014

Engraving Requirements including City and State Clarification

Recently, I had an electronic version of a Form 1 approved by the ATF for my Gun Trust and wanted to clarify what is required for engraving.

ATF 5300.4

In 27 CFR 479.102 (page 92) describes what is necessary to engrave on a SBR or SBS when one is manufacturing. This is not necessary if you purchase one that is already manufactured as it will have been done for you.

1) On the Frame or Receiver the Serial number;
2) on the frame, receiver, or barrel the following additional information;
A)The model;
B)The caliber or gage;
C)Your name or name of the Trust in the case of a Trust (no abbreviations are permitted for the Trust name);
D)The city and state (you can abbreviate the state with the official 2 digit state code)
The above mentioned information must be engraved, casted, stamped (impressing) or otherwise conspicuously placed or caused to be engraved, cast, stamped (impressed) or placed to a minimum depth of .003 inch and in a print size of the Serial number shall be no smaller than 1/16 inch.

As an interesting side note, my gun was manufactured in Jacksonville, FL so the city and state were already engraved. When I asked ATF, if I needed to engrave Jacksonville, FL, they said yes and pointed me to an ATF Ruling on adopting identification of FIrearms from 2013.

May 15, 2014

Did ATF Accidentally Open the Machine Gun Registry for Gun Trusts

Based on the ATF letter requiring NICS checks for Trusts, the ATF may have accidentally opened the registry for new Machine Guns when registered in the name of a trust which is not a person under the GCA.

The Prince Law Blog quotes the same letter I wrote about a few days ago where the ATF determined that "Unlike individuals, corporations, partnerships, and associations; unincorporated trusts do not fall within the definition of "person" in the GCA." And therefore, as a result,

Because unincorporated trusts are not "persons" under the GCA, a Federal firearms licensee (FFL) cannot transfer firearms to them without complying with the GCA. Thus, when an FFL transfers an NFA firearm to a trustee or other person acting on behalf of a trust, the transfer is made to this person as an individual (i.e., not as a trust). As the trustee or other person acting on behalf of the trust is not the approved transferee under the NFA, 18 U.S.C. 5812, the trustee or other person acting on behalf of a trust must undergo a NICS check. The individual must also be a resident of the same State as the FFL when receiving the firearm.

So, ATF, trying to be cute and find a way to require NICS checks without Congressional action, declared trusts not to fit the definition of a "person" under the GCA. No big deal, especially for us in Pennsylvania, as Pennsylvania Instant Check System (PICS) checks are already required for all NFA firearms, except silencers. But, not so quick...let's look at Section 922(o) of the Gun Control Act...

Section 922(o) provides:

(1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.
(2) This subsection does not apply with respect to-
(A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or
(B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.

So, we have a prohibition on any "person" transferring or possessing a machinegun which was not lawfully registered before May 19, 1986. BUT, an unincorporated trust is not a "person" under the GCA, so this provision cannot apply to it.

In turning to the National Firearms Act, as amended, 26 U.S.C. 5801, et seq., we find that a "person" is defined as including a trust, pursuant to 26 U.S.C. 7701. Yet, there exists no 922(o)esque provision in Section 5801, et seq.

Therefore, pursuant to 26 U.S.C. 5812 and 5822, an unincorporated trust may lawfully transfer and make machineguns, as it is not a "person" for purposes of the GCA and Section 922 only applies to "persons" as defined by the GCA.


Before anyone rushes to complete a Form 1 to make a new machine gun, they should understand that the ATF will likely reject this and if they want to push the issue they should be expect to litigate the issue. Even if litigating there is no guarantee of prevailing.

That being said, I believe I will submit a Form 1 for permission to manufacture a new machine gun along with a memo regarding the issues so that the opportunity to litigate the issue would be available after an expected rejection.

April 25, 2014

ATF eForms Back online Today and how to obtain a copy of your electronic Form 1

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.jpg

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

Eye.jpg

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

View Form.jpg

While this may seem complicated, its not that hard and will allow you to make an electronic copy of your Form 1 and let you start shooting on the day you get the confirmation from the ATF

We also heard that ATF may have all functionality to eForms restored within 20 days which would be great news for those with Gun Trusts wanting to submit electronically.

April 6, 2014

ATF takes down eForms "until further notice"

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
Contact the NFA Branch at (304) 616-4550
Contact the Firearms and Explosives Imports Branch at (304) 616-4550
Other eForms questions
Direct the question to eForms.admin@atf.gov

January 16, 2014

ATF Publisheds eForms 101 Instructions

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.

The Topics covered include:

How Do I Register To Use eForms?
FFL, EIN and AECA Associations
Password Complexity Rule Missing from eForms Registration Instructions
Navigating through eForms
Icons/Buttons/Symbols Used in eForms
Adding Attachments to eForms Submissions
Who Can Submit An eForm 1 Or eForm 4
eForm Down Everyday At NOON -1:00PM Eastern Time For Maintenance
Make Sure Your Submissions Are Correct
How to Identify the Applicant Maker or Transferee on an eForm 1, 4 or 5.
eForms Refund Processing
Identification of the maker or manufacturer of a firearm on Form 1
Payment of Making or Transfer Tax
Duplicate Applications in Your Draft Folder - Dont delete them
NFA - PDF issue with Form 4
Average Processing Times
What are those 'non eForms' records that appear in my folders?
Name Field Length Limitation Forms 1, 4 and 5
Use of P.O. Boxes

It's important to do electronic forms correctly the first time as there is not currently a way to fix a mistake or amend them like with the paper applications.

August 16, 2013

Gun Trust and Submitting ATF Forms online

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.

It was interesting to see that there was no certification of citizenship that was required my many ATF agents in the past. We had always taken the position that a Trust is not a person and as such cannot have a citizenship. If you are submitting the paper forms, we still recommend submitting the Certification, in case you agent wants it. For instructions see http://www.GunTrustLawyer.com/certification.html.

ATF Online submission of Form 1 Status Updates.


  • Thursday August 8, 2013 Electronic Form 1 Submitted to ATF online
  • Friday August 9, 2013 Status changed to Submitted/In Process
    (with paper it will take 1-2 months and as much as 6 months to cash your check and change the status to In Process

August 3, 2013

ATF Electronic Forms Available for Form 1, Form 4, and Form 5

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 submission of Forms 2, 3, 4, 5 and 9 can only be done by a Federal firearms licensee who has paid the special (occupational) tax for the current Tax Year.

If the submission of the form requires fingerprints, photographs, and the Law Enforcement Certification, the submission cannot be done using eForms - the application must be submitted on paper to the NFA Branch.

Accordingly, Forms 1, 4 and 5 may be submitted using eForms if the applicant maker or transferee is a legal entity, such as Gun Trust. The submission of the application will require that the documents establishing the Gun Trust be attached electronically to the application.

This means that the entire Gun Trust as well as any exhibits or attachments mentioned in the Gun Trust will need to be electronically attached to the application.

For Forms 1 or 4 that are submitted with making or transfer tax due, the tax payment will be made through Pay.Gov, just prior to the submission of the application. Pay.Gov is a system, of the US Treasury's Financial Management, that allows the submitter to pay the tax by credit/debit card or from a bank account. For detailed information on Pay.gov you can visit their website at www.pay.gov."

To begin the process you will need to register online with a 12 digit or more password that contains a number, upper and lower case letters, and a non alpha numeric character.
ATFonline-register.jpg

It appears you will also need to register with www.pay.gov to make the payment.
While a Gun Trust can only use the Form 1 at this time, Class 3 SOT FFLs can submit forms to transfer firearms to Gun Trusts but not individuals.

A Gun Trust is a term used to describe a revocable or irrevocable trust that has been customized to deal with the unique issues of firearms ownership, transfer, and possession. Many so-called Gun Trusts have significant problems and are little more than regular legal documents that do not deal with all of the issues involved with the purchase, transfer, and possession of firearms including those regulated by the NFA. To be sure you are getting a Gun Trust and not a regular trust you should contact a Gun Trust Lawyer®. If you have a trust that you would like reviewed for the federal issues, we will review them free of charge and let you know if we find significant issues that could cause problems and create criminal liability if the terms of the trust are followed.

Remember that just because the ATF approves a transfer to a trust, it does not make your trust valid or appropriate to use.

July 22, 2013

ATF requests Public Comments on Form 5320.1

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

The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for ''sixty days'' until September 20, 2013. This process is conducted in accordance with 5 CFR 1320.10.

If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Gary Schaible, National Firearms Act Branch at Gary.Schaible@atf.gov.

Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

--Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

--Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

--Enhance the quality, utility, and clarity of the information to be collected; and

--Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

Summary of Information Collection
(1) Type of Information Collection: Revision of a currently approved collection.
(2) Title of the Form/Collection: Application to Make and Register a Firearm.
(3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number: ATF F 1 (5320.1). Bureau of Alcohol, Tobacco, Firearms and Explosives.
(4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: State, Local, or Tribal Government. Other: Business or other for-profit, and individuals or households.

Need for Collection
The form is used by persons applying to make and register a firearm that falls within the purview of the National Firearms Act. The information supplied by the applicant on the form helps to establish the applicant's eligibility. The
changes to the form are to allow applicants to pay the transfer tax by credit or debit card, combine information currently captured on another form, and the form size is now 81⁄2″ x 14″.
(5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: It is estimated that 9,662 respondents will take an average of approximately 1.63 hours to complete.
(6) An estimate of the total public burden (in hours) associated with the collection: There are an estimated 15,747 annual total burden hours associated with this collection.
If additional information is required contact: Jerri Murray, Department Clearance Officer, Policy and Planning Staff, Justice Management Division, Department of Justice, Two Constitution Square, 145 N Street NE., Room 3W- 1407B, Washington, DC 20530.

July 4, 2013

ATF Form 5320.1 - How to fill out for multiple caliber barrels: Updated

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.)

Please note if you want to use a barrel that would not be classified as a SBR or SBS, the ATF has written that the temporary change is permitted and allows one to travel interstate without an ATF 5320.20 as long as the short barrel is left in your home state. You could also travel with the receiver alone as long as the short barrel was left in your home state.

In the same corespondence ATF states that as long as you still own the short barrel, the receiver is still conssidered an SBR.

You may remove the SBR or SBS from the NFA registry only if you no longer have the short barrel. If you remove the SBR or SBS from the NFA registry and wanted to make it an SBR or SBS at a later date you would have to purchase a new tax stamp.

On one hand the ATF states that as long as you have a short barrel it is still an SBR or SBS but then state that if you want to travel across state lines, it will not be require the ATF 5320.20 preapproval that is required for a SBR or SBS as long as you leave the short barrel in your home state. This seems like an area where the ATF may change their interpreation in the future so you might play it safe and always get an ATF 5320.20 prior to crossing state lines with receiver that is a SBR or SBS.

Either way, you may want to download a copy of this ATF Letter and keep it with you or available to support your position if it is ever needed.

ATF Letter on Transport a Title II as a Title 1 across state lines.pdf

August 1, 2012

Form 4 Wait times expected to decrease

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.

May 2, 2012

Top 10 Questions & Answers from ATF

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?
  3. May I lawfully transfer a firearm to a resident of the same State in which I reside?
  4. How do I register my firearm or remove my name from a firearms registration?
  5. Does ATF issue a Concealed Carry Permit (CCP) that authorizes a person to carry a firearm throughout the United States?
  6. May I lawfully ship a firearm to myself in a different State?
  7. May I lawfully ship a firearm directly to an out-of-State licensee, or must I have a licensee in my State ship it to him? May the licensee return the firearm to me, even if the shipment is across State lines?
  8. I have been convicted of a felony. How do I reinstate my rights to possess a firearm?
  9. May I lawfully make a firearm for my own personal use, provided it is not being made for resale?
  10. I was the subject of a NICS check when I attempted to purchase a firearm from a FFL, and I received a delayed response or a denial. Please tell me why I did not receive a "proceed" response.

Please Download this document to review the answers to the Top 10 ATF questions Top 10 Frequently Asked Firearms Questions and Answers

NOTE: THE DOCUMENT BELOW ONLY DEALS WITH FEDERAL LAW AND YOU NEED TO LOOK AT YOUR STATE LAW TO SEE IF THERE ARE ADDITIONAL RESTRICTIONS- For example some states do not permit permit prohibited person to possess antique firearms even though it is permitted under Federal law

April 30, 2012

Can I Add a Stock or a Folding Stock to a Pistol?

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.

June 27, 2011

GEOGRAPHIC DISTRIBUTION OF NFA APPLICATIONS FOR PROCESSING BY ATF

The ATF National Firearms Act (NFA) Branch is pleased to announce that as of July 2011, ATF Forms 1, 2, 10 and ATF Form 5320.20 will be assigned to a legal instruments examiner for processing according to the State of the applicant's address. The NFA Branch also will begin assigning ATF Forms 3, ATF Form 4 and 9 applications to examiners by the State of the transferor's address. Applications already pending at the time of the change will continue to be processed by the examiner to whom they were previously assigned. Historically, applications in the NFA Branch have been assigned to legal instruments examiners alphabetically based on the name of the transferor or applicant. A chart showing the new assignment distribution is below.

The ATF expects this change in the assignment of applications to better enable NFA examiners to develop State law expertise and more knowledgeably and effectively respond to our customers during an era of unprecedented and ever increasing application volume. Please contact the NFA Branch at 304-616-4500 with any questions about this change.

NFA Examiner Assignment Distribution (effective July 2011)

  • Nicole Dudash -- IL, IN, OH, PA
  • Chris Farris -- AK, CT, MA, ME, MI, NH, RI, VT
  • Ann Feltner -- AZ, CA, NM, NV
  • Jason Frushour -- CO, MT, ND, SD, UT, WI, WY
  • Sara Jones -- LA, TX
  • Albert Lamberger -- AL, FL, TN
  • Dana Pickles -- DE, KY, MD, NC, NJ, NY, VA, WV
  • Suzanne Santamaria -- GA, SC
  • William Shipman -- AR, HI, IA, KS, MN, MO, MS, NE, OK
  • Sandra Snook --ID, OR, WA
Applications from the District Of Columbia and US Territories Will be Assigned to the Supervisory Legal Instruments Examiner
January 13, 2011

Purchase of Previously Manufactured NFA Firearm under a Form 1

sbr-silencer.jpgIf you are purchasing a Firearm that was previously manufactured under a Form 1 it may contain the engraving of the previous owner. Since this item was previously manufactured, you will be using an ATF Form 4 and not an ATF Form 1 to transfer this item and as such it will require no engraving on your part.

December 14, 2010

Thinking of a New SBR? Check out the AAC 300 BLACKOUT

Check out the new 300 AAC Blackout from Advanced Armament Corp.

Introducing the Advanced Armament Corp. 300 AAC BLACKOUT (300BLK). This system was developed to launch 30 caliber projectiles from the AR platform without a reduction in magazine capacity and compatible with the standard bolt.

Full power 123 grain ammunition matches the ballistics of the 7.62x39mm AK, has 37% more energy than 5.56mm M855, and 9% more than 6.8 SPC TAP 110. In fact, from a 9 inch barrel, the 300BLK has more muzzle energy than 5.56mm M855 from a 16 inch barrel. When 300 BLK is used in a 16 inch barrel, it has 23% more energy than 5.56mm M855 from a 16 inch barrel - with much higher-mass projectiles for a more dramatic effect on the target. Or choose subsonic cartridges for optimal use with a sound suppressor - 220 grain Sierra OTM (open-tip match) bullets vastly outperforms a 9mm MP5-SD in penetration and long range accuracy.

Due to the high efficiency of the cartridge, less powder is used than 5.56mm, which results in a rifle that is a comfortable to shoot - even with a short barrel.

Reloading dies available from Forster products, Reamers and headspace guages available from Pacific Tool and Gauge.