How to Fill Out an ATF Form 5 (5320.5) for Tax Free Transfer to a LawFul Heir

***These forms are in the process of being updated, do not use the old forms for applications postmarked after July 12, 2016***

These are the forms to use after July 12th,  Form 1Form 4,   Form 5Form 23

ALL APPLICATIONS POSTMARKED AFTER JULY 12, 2016 MUST BE MAILED TO THE ADDRESS BELOW:

Mailing Address

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

THE REMAINING INFORMATION IS BASED ON THE PRIOR FORMS

THESE FORMS CAN BE USED ON APPLICATIONS POSTMARKED UNTIL JULY 12, 2016

 

As we have been creating Gun Trusts for many years we are seeing more and more people who are needing to transfer firearms using a Form 5 to the lawful heir after the original purchaser passes away. Even if you use a Gun Trust, once the creator of the trust (the settlor or grantor) dies the terms of your trust will direct that the assets be distributed.

NOTE: This is not true with the Professional Gun Trust which is a multi generational asset protection Gun Trust that can be structured to last forever.
To begin you should download a blank copy of the Application for Tax Exempt Transfer and Registration of Firearm – ATF Form 5 (5320.5)

Some Key Points to Note

Select the Type of Firearm

2a: This is the beneficiaries name or in the case that the beneficiary is a trust, the name of the trust. It should also include the full address, city, state, and zip code of the new owner of the firearm. The beneficiary is the person or entity who is the lawful heir of the previous owner who may have been an individual, trust, or business entity.  Also select the check box for the type of entity.
2b: This is the county, borough, or parish and not the United States.
3a: This is the Name of the Personal Representative or Executor. Remember that a will does not make someone the PR, it just gives a preference to a court to appoint that person if they are qualified. You will have to include court papers showing that this person has in fact been appointed.

3a: This is the Name of the Decedent, address, and date of death. (The Previous owner)

3b: This is the Name of the Personal Representative or Executor. Remember that a will does not make someone the PR, it just gives a preference to a court to appoint that person if they are qualified. You will have to include court papers showing that this person has in fact been appointed.
3c: This is the telephone number of the person in 3a (The PR).
3d: This is optional.
3e: This is the address of where the items is stored if not stored with the PR at the address in 3a
4a: the name address, city and state of the manufacture or importer of the firearm
4b: Type of firearms, Suppressor, DD, Machine gun, SBR, SBS, AOW
4c: The caliber, gauge or size of the firearm. (do not enter multi, but attach as separate letter stating additional caliber and / or barrel length configurations)  Multi is not acceptable for a Sear as of 2016 even if your previous document states MULTI.
4i: If the firearm functions or is serviceable mark NO. If the firearms cannot be made serviceable mark Yes.
5-6 are only completed if the new owner is an FFL or business but not for a trust.

7-8 are only completed if the decedent was an FFL and or owned them in a business with an EIN
9-11: The PR or Executor should sign. Print their name, title, and date
12 Is the information on where the CLEO notification will be sent.
14-17: Are not completed when transferring to a trust or business entity

Sign and date at the bottom of the page.
18 Fill in the number of responsible persons (Generally trustees of the trust)

19 Print the names of the responsible persons, attach a separate sheet if more than 8.

Updated

7/14/2016

Contact Information