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. This page has been updated for the 2016 Form

(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.  If you have a duplexing printer, you will notice that we have inserted additional blank pages so that the form will print correctly.  You will also notice that we have included 2 copies of the ATF Form 1 so that when you complete the first, it will automatically complete the second.

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 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).  NOTE this is an older version of the Form 1 with the WV address, Do not send forms to WV, they should be sent to the address in Atlanta show above

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
P.O. Box 530298
Atlanta, GA 30353-0298

Tel 304-616-4500

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.  For a trust, you will always select 1a  Tax paid

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.

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

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, Machine Gun, 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
  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  Ignore these for a NFA or Gun Trust or business purchases as they are not necessary.

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.

13- 16 Ignore these if you are a US Citizen.

Sign the certification below number 16 and date it

17   Select the method of payment, enter payment details  and If you are paying on behalf of a trust include your name on behalf of the gun trust name in thee field that says I am Paying the making tax on for the Applicant. This question seems silly, because they have the name on the card as well as the name of the application and the card holder’s and maker’s signatures.

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 4/12/16

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