Using a Gun Trust and an ATF Form 5320.1
How to fill out an ATF Form 1 ( 5320.1) for a Gun Trust. This page has been updated for 41F
ALL APPLICATIONS POSTMARKED AFTER JULY 12, 2016 MUST BE MAILED TO THE ADDRESS BELOW:
P.O. Box 530298
Atlanta, GA 30353-0298
(Click this link for a blank ATF Form 1 that is can be completed on your computer with instructions) When you submit your ATF Form 1, be sure and either print it double sided or copy the second page onto the back after it is printed. You will also notice that there are 3 copies of the ATF Form 1 so that when you complete the first, it will automatically complete the second and third. The first 2 are sent to the ATF and the third is sent with the CLEO notification..
Here is a Sample ATF Form 1 for a Gun Trust that has been completed. It 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). BATFE will no longer accept older versions of the forms.
Please remember that if your document must be submitted in duplicate and if you print it on multiple pages, it must be photocopied front and back before sending (printed on both sides of the paper). 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
P.O. Box 530298
Atlanta, GA 30353-0298
While older forms have the WV address on them, ATF recently updated the address to the same address as is used on the Form 4’s.
Some key points to note when completing a Form 1 for a Gun Trust
1. Select the first box Tax Paid for a trust
2 – For a Gun Trust or Corporation select the middle box which says Trust or Legal Entity.
3a – generally this is blank
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.
3c Should contain a street address if you plan on storing the Firearm in a PO Box.
3d Should contain the county, parish, or borough you live in or where you will be making the item. Do not put the country. The county, parish, borough should be used and not USA or United States
3e Should contain your phone number
3f is generally blank unless you want to submit your email.
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, Short Barrel Rifle, SBR, Short Barrel Shotgun, SBS, AOW, DD).
4c should contain the caliber or gauge ( 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.)
Here is a sample form you may use to add Additional Configurations or to add configurations later.
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 collapsible stock, the measurement should be made with the stock fully extended)
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 You should check the Firearm box unless your are making a DD.
5 -6 These will be blank for a Gun Trust.
7 Sign your name as trustee.
8 Print or type your name as trustee.
9 Date the Application.
10 Complete your CLEO notification with the Name of the Agency, name and title of the official, and address where the notification was sent.
11- 14 Ignore these for a trust. You will answer these questions for each Responsible Person with the ATF Form 5320.23.
At the bottom of page 2 You should sign the document as a trustee “Your name / Trustee” or “Your Name as Trustee” and the date you signed.
15 Is the number of Responsible Persons in the Trust, Generally this is the number of trustees.
16 List up to 8 responsible persons, additional responsible persons can be attached on a separate sheet.
17 Payment. It does not matter who pays the tax stamp, trust, individual, friend. Complete the information requested in 20.
See this page for ATF’s Engraving Requirements
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.