Using a Gun Trust and an ATF Form 5320.4
How to fill out an ATF Form 4 ( 5320.4) for a Gun Trust. This page has been updated for 41F
ALL APPLICATIONS EXCEPT FOR an ATF FORM 5 and an ATF FORM 20 MUST BE MAILED TO THE ADDRESS BELOW:
P.O. Box 5015
Portland, Oregon 97208-5015
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 Lawyer® registered trademark.
The new BATFE Form 4 is delivered in a PDF that generates 3 copies of the Form 4. The first two copies are for the ATF and the third copy is labeled CLEO Copy and is delivered to the CLEO by the person who is actually making the purchase along with a copy of the 5320.23
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. It is secured, so it does not appear that you can save it with your information in the document. It is recommended that you do not discard the file until you have double checked your printed documents to make sure everything is correct. Generally the dealer will be completing this form, but if you are transferring an item from an individual or another trust to your trust, you may be completing the documents.
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 you use an older version of the form, it will be rejected.
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). At the bottom of 2a you will select the check box for Trust or Legal Entity.
2b The county (do not use USA or United States) but the County or Parrish or Borough where the item will be stored.
3a-c Will be completed by the dealer or person who is selling the items
3d 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. If you are purchasing a Machine Gun Sear, you should use N/A for the Caliber as on 6/15/16 ATF no longer accepts Multi for a Sear.
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.
4h is generally blank but if there is additional information or markings on the firearm, it can be noted in 4h
5 This is is the FFL information of the Buyer. It will be blank for a Trust purchase.
6 This is the buyers EIN or SSN, we recommend leaving this blank four our Gun Trusts.
7 This is the FFL information for the Seller, it will be completed by the dealer or if you are selling the item from yourself to your trust, you will leave this blank unless you have an FFL that owns the item..=
8 This information will be supplied by the dealer and is the EIN or SSN of the Seller
9 the dealer or executor of an estate will sign here. This is the person who the item is being obtained from.
10 the dealer or Personal Representative of the decedent will type their name and title and
11 The dealer or Personal Representative of the decedent will fill in the date that they sign the document.
12 Is where you list the name, print the name and title, and address of where the CLEO notification was sent.
13 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 NFA Trust or Gun Trust.. You may also see the North Carolina Gun Trust Lawyer Page for additional information on this question.
14 – 17 These are only answered with an individual purchase. For a trust they will be blank. The 5320.23 will contain this information on each Responsible Person.
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.
18 Is the number of Responsible Persons in the Trust, Generally this is the number of trustees.
19 List up to 8 responsible persons, additional responsible persons can be attached on a separate sheet.
20 Payment. It does not matter who pays the tax stamp, trust, individual, friend. Complete the information requested in 20.
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.