How to Fill out an ATF FORM 4 For NFA Purchases from a Class 3 SOT To a Gun Trust

How to fill out an ATF FORM 4 (5320.4) For a transfer from to a Gun Trust.  While this guide and information may be appropriate with other trusts, the information that is given, is specific to the trusts which contain the Gun Trust Lawye® registered trademark.

Here is a Sample ATF Form 5320.4 with comments that you can use as a guide to check and make sure your form 4 is filled out correctly prior to sending it to the BATFE (ATF).

Follow this link to download a blank  ATF-Form-5320.4-that can be edited.  You can also fill this out with all of your information and save it.  Then you can send it to a dealer when you want to make a purchase which might make their job easier. (It will still have to be printed double sided and signed in ink as only originals are acceptable to the 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 (OR PRINTED IN DUPLEX) before sending.  In addition, if your document does not show the Atlanta address you must send it in to P.O. Box 530298, Atlanta, GA 30353-0298.  If you send it to Chicago, the address printed on the older forms, it will be returned and will delay the process.

Some key points to note:
1     The amount of the tax stamp.  All items except AOWs are $200.  If you are purchasing an AOW, the tax stamp will be $5 not $200

2a  – the Transferee’s name and address is the NAME OF YOUR TRUST  and the ADDRESS of where you plan on storing the items. If you want to store the items in another state later,  update your address using a 5020.20 (Form 20).

2b  The county (do not use USA or United States)  but the County or Parrish or Borough where the item will be stored.

3a-d Will be completed by the dealer or person who is selling the items  

3c is only used when the transfer is taking place because of the death of a decedent and in that case you may want to see if you qualify for a tax free transfer using an ATF Form 5

4a   should contain the manufacturer’s name and address
4b  should contain the type of firearm  (Silencer, SBR, SBS, Machine Gun, AOW, DD) – While most people in the industry use the correct term of Suppressor, Instruction 1C states to use Muffler or silencer and as such we would recommend using the same.

4c is the caliber or gauge.   NOTE 300 Blackout is not a valid entry.  300 Cal is acceptable or 7.62 MM

4d is the model

4E / F are the barrel length and overall length of the firearm.  For information on how this is measured in the case of an SBR, see our ATF Form 1 instructions which cover this.

4g Is the Serial number.

  you can either leave this blank or use your social security number with all Gun Trust Lawyer® trusts and most other NFA or so called gun trusts. If you do not have one of our Gun Trusts you should check with the creator of your trust to see if your trust requires an EIN number.  If your trust requires an EIN number or Social Security number, it should be put in box 6a.  For privacy reasons, it is recommended not to include anything in this field unless necessary.

6 This is completed by the dealer or seller of the item

7 Dealer supplied information

8a-b  Typically left blank see the instructions for ^

9  Circle – Do or Do Not – If you circle Do, then you can contact the ATF, if you circle Do Not then only the dealer can contact them about the transfer.

10  the dealer or executor of an estate will sign here.  This is the person who the item is being obtained from.

11  the dealer or Personal Representative of the decedent will type their name and title and

12  The dealer  or Personal Representative of the decedent will fill in the date that they sign the document.

13 Left blank for a Gun Trust

14  should contain your name  and the reason why you want or find it necessary to possess these items. In most states, “Any Lawful Purpose” is fine, but you should check with your local Gun Trust Lawyer® if you have questions.  If you live in North Carolina all NFA Transfers must refer to NC statute 14-290, unless you are purchasing a Machine Gun and then you should see the following link for what is currently recommended for the reason to own a machine gun in North Carolina in a NFA Trust or Gun Trust..  You may also see the North Carolina Gun Trust Lawyer Page for additional information on this question.

15  You must answer these truthfully, if you answer yes to any other than (i – are you a US citizen) you will probably not be allowed to purchase.

16 – Left blank for a trust at this time, no photographs are necessary until July 13, 2016

17 If you are a US citizen you should place an X in No box of 17a and 17b and not respond to question 18

18  If you are a US citizen and placed an X in 17a and 17b then you should not respond to this question.

19  Is left blank for US citizens

20 is blank for US citizens

At the bottom of page 2 You should sign the document as a trustee  “Your name / Trustee” or “Your Name as Trustee”. 

21 Payment.  It does not matter who pays the tax stamp, trust, individual, friend.  Complete the information requested in 21 and if being paid by another person or entity other than the trust itself, fill in the trust name under the question that states I am Paying the making tax for the Applicant:  This should probably say transfer tax, but it does not make any difference.

 

If you are looking for instructions on a Form 1 with a downloadable Samples. See How to Fill out an ATF Form 1 using a Gun Trust.

If you are looking for instructions on a Form 20 see  How to Fill out an ATF Form 20 using a Gun Trust.

 Updated 2/17/16- DMG

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