How to Fill out an ATF FORM 1 For NFA Title II Firearm using a Gun Trust (5320.1)

How to fill out an ATF FORM 1 (5320.1) for a Gun Trust

(Click link to download a blank ATF 5320.1 Form)

You may want to use ATF's new electronic filing as it is reported to be quicker for a Trust.  You can register at http://www.atfonline.gov and see this Article on its use.

Here is a Sample ATF Form 1 for a Gun Trust that is filled out and can be used as a guide to check and make sure your form 1 for a Gun Trust is filled out correctly prior to sending it to the BATFE (ATF).

Please remember that if your document must be submitted in duplicate and if you print it on two sheets, it must be photocopied front and back before sending (printed on both sides of the paper and not on two sheets).  You must send the completed documents ( 2 copies both originals, your trust, any amendments, and your check for $200 to:

National Firearms Act Branch,
Bureau of Alcohol, Tobacco, Firearms and Explosives
244 Needy Road, Suite 1250
Martinsburg, WV 25405
Tel 304-616-4500
Do not send it to Atlanta address, as you would send in a Form 4. If you send a Form 1 to Atlanta, it will be returned and will delay the process.
 
Some key points to note when completing a Form 1 for a Gun Trust:
2  - For a Gun Trust or Corporation select the middle box which says Corporation or Other Business entity.

3b  Should have your Gun Trust name and the address where the item will be stored, not necessarily the address of your Gun Trust.  The address or location where the trust was created is the address where it was created and nothing more.

3d Should contain the county you live in or will be making the item in. Do not put the country.  The county or parish should be used and not USA or United States

4a Should contain the Manufacturer's name or if you are the manufacture, the Gun Trust's Name.

4b  should contain the type of firearm  (Suppressor, SBR, SBS, Machine Gun, AOW, DD).

4c  should contain the caliber or gage ( 300 CAL or 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. You can send in this letter later if you would like to change the configuration after the submission or approval process.

4d  should contain the model number of the firearm. (For a Suppressor You would need to create a model number)

4e  should contain the length of the Barrel number of the firearm. If there is a Flash Hider you include in the length if the flash hider it is pined and welded (you can only list 1) (For a Suppressor you should use N/A)

4f
  should contain the overall length of the firearm. (For a Suppressor use the overall length of the Suppressor)  (If there is a folding stock or adjustable stock, this length should be the shortest length)

4g
  should contain the serial number of the lower and if there is not a serial number, you should create one that will be engraved it should be unique.

4h
  will normally be blank, but if there are other markings or numbers on the item, they should be included here.

4i
  should contain "any lawful purpose" unless your state requires for a scientific or experimental purpose - see your state restrictions on NFA firearms. (ATF has updated the requirements for NC - See our North Carolina Gun Trust Lawyer® state information page.

4j
  will normally be checked NO but if it was an NFA item that was removed from the NFA previously check YES.

Generally, this will be blank for a Gun Trust. If the person or Gun trust who is asking for permission to build the item is an FFL enter the 15 digit license number.  Generally an FFL should not use a Form 1 to manufacture a Firearm unless they have the proper license to do so and then a Form 1 would not be the proper way to manufacture Title II firearms. A Form 1 is primarily for a person, Gun Trust or other business entity to request permission to make an item subject to the NFA.

6  If you have a SOT enter the SOT license number in A and the Class in  B.  As a Gun trust you should not have a FFL or SOT.

7  Sign your name as trustee.

8
Print or type your name as trustee.

9
Date the Application.

10-11  You must answer these truthfully, if you answer yes to any you will probably not be allowed to purchase.  Once exception to this is question 10d for certain transfers.

12 - 13 Ignore these for a NFA or Gun Trust or business purchases as they are not necessary.

If you are looking for instructions on a Form 4 with Sample Form see our How to Fill out an ATF Form 4 for a Gun Trust page.

If you are looking for information on moving or taking NFA firearms across state lines you should see our page on How to fill out an ATF Form 20 for a Gun Trust.


See this page for ATF's Engraving Requirements 4d  should contain the model number of the firearm.

UPDATED 12/11/2014