ATF eForm 1 FINAL RULE 2021R08F Walk-Through Guide
ATF eForm 1 FINAL RULE 2021R08F Individual - Walk-Through Guide
Before you start using the ATF's eForm website you will need to register for username and password. You can view our ATF eForm Registration Guide here. If you already have a username and password you will need to login. You will then use the scrolling ATF eForm selector in the middle of the page to select which form you want to eFile for. In this example we will discussing the details of the ATF 5320.1.
Screen 1: Form 5320.1 - View Here
Applicant Type: Select which applicant you are. If you are applying with a NFA Gun Trust, select trust, but note you will need to provide evidence that your gun trust owned the title 1 firearms before the final rule was published to the register on 1/31/23. If can't provide this evidence, you may need to apply as an individual. If you are applying as an individual, select Individual, etc.
For gun trust applications, you will need to acknowledge the below information.
To lawfully register the firearm to a trust, the trust must have possessed the firearm before January 31, 2023. Accordingly, you must submit with the application documentation that establishes the trust possessed the firearm before January 31, 2023.
Can I register my "stabilizing brace" equipped firearm to my trust pursuant to ATF Final Rule 2021R-08F?
A trust may not register a “stabilizing brace” equipped firearm pursuant to ATF Final Rule 2021R-08F unless the trust can establish through documentary evidence that the trust possessed the firearm before January 31, 2023.
Under the final rule, the Attorney General has authorized a tax forbearance that allows current possessors of "stabilizing brace" equipped firearms that meet the definition of "rifle" and have a barrel or barrels less than 16 inches to register the firearms tax-free. A current possessor is a person1 who possessed the "stabilizing brace" equipped firearm prior to January 31, 2023.
Accordingly, any trust that seeks to register a "stabilizing brace" equipped firearm pursuant to Final Rule 2021R-08F must include with the eForm 1 application evidence that establishes the trust is the current possessor of the "stabilizing brace" equipped firearm, and possessed it before January 31, 2023. This evidence will generally include the signed, dated, and notarized terms of the trust or trust schedules that list or provide a description of the property held in trust. Accordingly, for trust applicants, ATF will perform a thorough review of the trust documents provided with the eForm 1 application to ensure the firearm sought to be registered to the trust was property possessed by the trust before January 31, 2023. Therefore, an eForm 1 application to register a "stabilizing brace" equipped firearm to a trust will be disapproved if the applicant fails to demonstrate the trust possessed the firearm before January 31, 2023.
How can a current possessor who is an individual register a "stabilizing brace" equipped firearm to a trust or other legal entity?
A "stabilizing brace" equipped firearm that is currently possessedby an individual after January 31, 2023 can only be registered to that individual pursuant to Final Rule 2021R-08F. Any individual possessing a "stabilizing brace" equipped firearm in his or her individual capacity who wants to register the firearm to a trust or other legal entity must first register the firearm as an individual within the 120-day tax forbearance period, then submit a tax-paid ATF Form 4 transferring the firearm from the individual to the trust or other legal entity.
Intended Use of Form:
This form is filed to obtain permission from ATF to make an NFA firearm. If the application incurs the making tax liability, the applicant will be directed to pay the tax electronically prior to the submission of the application.
If the applicant is a trust or legal entity (including when the applicant also has a Federal Firearm License (FFL), of any type), the submitter must provide documentation of the existence of such an entity, with the articles of incorporation for a corporation, the trust documents, and/or copy of the Federal Firearm License (FFL) and comply with the additional instructions below. If the applicant is a government agency, the submitter will be asked for the agency’s Originating Agency Identification Number (ORI) which will be used to identify the agency in the process. If the government agency does not have an ORI, then the application to make must be submitted as a hard copy application. The application will require a hand-signed letter of authorization from the agency CLEO.
Any required documentation must be submitted with the eForms application. The system provides an attachment function. The typical types of attachments are identified in a drop-down menu. If the type of attachment is not identified in the drop-down, select ‘OTHER” and describe the type of documentation in the corresponding field.
The Submitter must create a PIN (Personal Identification Number) prior to submitting the eForm 1 application. The PIN must be used by the Submitter to digitally certify and sign the eForm.
eForms cannot be used to file for reactivation. These forms must be submitted on paper.
A licensed manufacturer who pays the special (occupational) tax should not file an ATF Form 1 when reactivating a registered unserviceable firearm, but an ATF Form 2. Due to the prohibitions on the possession of a machinegun, an application to make a machinegun will generally be disapproved unless the application was submitted by a government agency.
Special Instructions for Individuals, Trusts and Legal Entities
FILING AS AN INDIVIDUAL
The applicant must attach a digital photo in the Photo function on the Responsible Person train-stop. The applicant must also provide his or her fingerprints on Form FD-258 or submit an EFT file of their electronic fingerprints. Upon submission of the application, the eForms system will email a cover sheet to the applicant. The cover sheet is to be printed as it will provide the control number of the transaction and the address where to send the paper fingerprint cards. If the applicant uploaded electronic fingerprints in eForms using an EFT file, then the cover sheet will indicate if the electronic fingerprints have been accepted. If the cover sheet indicates the electronic fingerprints have been accepted, then no additional paper fingerprint cards are required to be mailed. If the cover sheet does not indicate the electronic fingerprints have been accepted, then the applicant must mail paper fingerprint cards and the coversheet to the NFA Division within 10 business days of filing the application.
FILING AS A TRUST OR OTHER LEGAL ENTITY
In addition to providing the documentation of the existence of the trust or other legal entity (including a copy of the FFL license, if any), the applicant must electronically provide a photograph and completed ATF Form 5320.23, NFA Responsible Person Questionnaire (RPQ), for each responsible person (see definition 1.e on the instruction page) of the trust or legal entity. When filed via eForms, when in the Responsible Person train-stop, the applicant will identify each responsible person and attach the photograph and a scanned, signed RPQ from that person. All photographs and RPQ forms must be attached to the application prior to submission.
The person submitting the application on behalf of the trust or legal entity must also submit his or her fingerprints, along with the fingerprints for each responsible person. The fingerprints may be submitted using paper fingerprint cards (Form FD-258) or submitted electronically via EFT file. Upon submission of the application, the eForms system will email a cover sheet to the applicant. If the applicant uploaded electronic fingerprints in eForms using an EFT file, then the cover sheet will indicate if the electronic fingerprints have been accepted. If the cover sheet indicates the electronic fingerprints have been accepted, then no additional paper fingerprint cards are required to be mailed. If the cover sheet does not indicate the electronic fingerprints have been accepted, then the applicant must submit paper fingerprint cards (Form FD-258) that must be mailed to the NFA Division within 10 business days of filing the application. The cover sheet is to be printed as it will provide the control number of the transaction and the address where to send the paper fingerprint cards. Any paper fingerprint cards must be submitted in one envelope with the application coversheet.
Please note that the F 5320.23, NFA RPQ, form is available in a fillable version on the ATF website (www.atf.gov). The form can be completed and printed for signature and scanning.
Select Next to agree to the above guidelines.
Screen 2: Application - View Here
Type of Application: This is where you will indicate the type of application and is automatically selected. Tax Exempt. Firearm is not subject to the making tax pursuant to Title 26 U.S.C. §§ 7801, 7805. To confirm the application qualifies for tax-free registration, ATF may require additional supporting documentation, such as photographs of the firearm to be registered.
Pursuant to ATF Final Rule 2021R-08F, the Attorney General has authorized certain persons tax-exempt registration of firearms they own or possess at the publication of the rule that are: 1) equipped with a stabilizing brace; 2) meet the definition of "rifle" under federal law; and 3) have a barrel or barrels less than sixteen (16) inches in length.
By proceeding with this application, you are certifying that you and the firearm you intend to register meet the tax-exempt parameters set forth in ATF Final Rule 2021R-08F. Please click here if you have any questions whether you and the firearm you intend to register qualify for tax-exempt registration.
Internal Control Number: Leave blank unless you have an internal control number.
Screen 3: Applicant
FFL: If you are filing as an individual and you do not have an FFL /SOT license you will need to select the "No FFL" radio button. If you are applying with a gun trust the FFL box will not be editable. If you have an FFL license and want to submit your eFrom you will need to submit additional information to the ATF. You can view those instructions here. You can also select "My FFL is not listed" to type in and retrieve your license.
If filing with a trust you will see the below form and options - View Here
Title of the Submitter of the Application: Write in your role in the trust, e.g. Trustee, Settlor/Grantor, etc.
Trust Name: Enter the name of your trust here. Make sure you write the exact name of your trust from your trust document.
Country, Address Line 1/Address Line 2, Zip Code +4, City, County, State, Telephone, Ext, Email: This information is automatically filled out from your profile information.
If filing as an individual you will see the below form and options - View Here
Title of the Submitter of the Application: This is the title of registrant, e.g. Owner, Maker.
Country, Address Line 1/Address Line 2, Zip Code +4,City, County, State, Telephone, Ext, Email: This information is automatically filled out from your profile information.
Maker’s Questions (For any ‘Yes’ answer, provide the details in an attachment via the electronic documents function): You will need to answer "Yes" or "No" to the below questions.
11.A. Do you intend to make any firearm listed on this form for sale or other disposition to any person described in questions 11.c through 11.l, or a person described in question 11.m who does not fall under an exception?
11.B. Do you intend to sell or otherwise dispose of any firearm listed on this form in furtherance of any felony or other offense punishable by imprisonment for a term of more than one year, a Federal crime of terrorism, or a drug trafficking offense?
11.C. Are you under indictment or information in any court for a felony, or any other crime, for which the judge could imprison you for more than one year? (See definition 1.N)
11.D. Have you ever been convicted in any court for a felony, or any other crime, for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation? (See definition 1.N)
11.E. Are you a fugitive from justice? (See definition 1.T)
11.F. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
11.G. Have you ever been adjudicated as a mental defective OR have you ever been committed to a mental institution? (See definition 1.O and 1.P)
11.H. Have you been discharged from the Armed Forces under dishonorable conditions?
11.J. Have you ever been convicted in any court of a misdemeanor crime of domestic violence? (See definition 1.R)
11.K. Have you ever renounced United States citizenship?
11.L. Are you an alien illegally or unlawfully in the United States?
11.M.1. Are you an alien who has been admitted to the United States under a nonimmigrant visa?
11.M.2. If "Yes", do you fall within any of the exceptions stated in the instructions? Attach the documentation in the application.
13. If you are an alien, record your U.S.-issued Alien or Admission number (AR#, USCIS#, or 194#).
14. Have you been issued a Unique Personal Identification Number (UPIN)? (See instruction 2.F)
17.A Country of Citizenship: (Check/List more than one, if applicable. Nationals of the United States may check U.S.A.) (See definition 1.S)
Screen 4: Responsible Persons
This is the page where you will enter the information for all of the responsible persons in your NFA Gun trust. This will be the settlor/grantor and co-trustees that you have on your NFA Gun Trust. If you have added a co-trustees with amendments to your trust, you will then have to add their information here. If you are applying as an individual you will enter your information here as an individual.
To start you will need to click the paper and pencil icon that is located under the Actions column of the table. If you need to add an additional responsible person, you can click the add responsible person button located above the Status/Title column.
Gun Trust Example - View Here
Individual Example - View Here
Citizenship: Select your citizenship.
Cadence: Select any cadence options that apply to your name. You can leave this blank if you have no cadence associated with your name.
Title: Write the title of the responsible person you are entering in: Settlor/Grantor, Trustee, etc. For an individual are entering in : Owner, Maker, etc.
First Name: Enter in the first name of the responsible person.
Middle Name Detail: This will be used to select the amount of your name you will be using or to indicate that the responsible person has no middle name.
Middle Name: Enter in the middle name of the responsible person.
Last Name: Enter in the last name of the responsible person.
Email: Enter in the email address of the responsible person. This isn’t automatically populated like previous screens.
Form 5320.23: You will need to upload your ATF 5320.23 form. You can complete the ATF 5320.23 using the fillable .PDF. But it will need to be signed and scanned back into your computer for the ATF 5320.23 to be valid. The applicant must attach a scanned, completed copy the ATF 5320.23 Responsible Persons Questionnaire for each listed responsible persons in the trust and listed on this screen. The accepted format for your ATF 5320.23 Form is “PDF (Portable Document Format). Maximum Allowed File Size is 3MB. NOTE: This is only available/required for applicants who are applying using a gun trust or as a legal entity. If you are applying as an individual, the "Choose File" box will be greyed out.
Photo: Upload your passport style photo here. The accepted formats for your passport photo are” Photo: JPG and JPEG (Joint Photographics Expert Group), GIF (Graphics Interchange Format)”. Other formats aren’t accepted. Maximum Allowed File Size is 3MB.
Electronic Fingerprints: Here you can upload your .EFT File. If you don't have an .EFT File, you will leave this blank. You can order an .EFT File here.
SSN: Enter in the social security number of the responsible person. Note: The “ATF doesn’t require a SSN, however, failure to provide this information may significantly delay the process of a background check and delay the rendering of a final decision on the application.”
Information below might be already prefilled out and unchangeable. In order to make changes to that information, you would need to update your profile information.
Zip Code: Enter in the zip code of the responsible person.
State: Select the current state of residence for the responsible person from the drop down menu.
City: Enter in the current city of residence for the responsible person.
Street: Enter in the current street address for the responsible person.
Date of Birth: Enter in the date of birth of the responsible person. Format is 11/29/1998
Birth Country: Select the responsible persons birth country from the drop down list.
Birth State: The state drop down menu will become active once the birth country of the responsible person is selected.
State of Residence: This is current state that the responsible person resides in.
Sex: Sex of the responsible person.
Race: Race of the responsible person.
AR# or I9#: Enter in your AR# or I9# if applicable.
UPIN: Enter in your UPIN only if you have one. If you don’t have a UPIN, then leave this box blank.
If you want to add or remove responsible persons you can select the “Action” button that is located directly above the Citizenship drop down menu.
Screen 5: CLEO (Chief Law Enforcement Officer) - View Here
Agency or Department Name: The name of the agency or law enforcement department that you are sending the CLEO notification to.
Name of Agency Official: This is the name of your CLEO.
Title of Agency Official: This is the title/position of your CLEO, e.g. Sheriff, etc.
Country: The country where your CLEO is located at.
Address 1/Address 2: This is the mailing address of your CLEO.
Zip Code: The zip code of your CLEO’s address.
+4: This is the 4 extra digits of the the CLEO’s mailing address zip code. You can use the USPS address lookup to get those numbers - USPS +4 Zip Code Lookup Tool
State: The state dropdown is populated by system, but you can manually select the state if you would like to.
City: City options based off of the CLEO's zip code are displayed here.
County: County options based off of the CLEO's zip code are displayed here.
Screen 6: Line Item
To begin click the “Add Firearm” button to start adding your firearm. A new window will open where you add the information about your firearm.
Screen 6a: Line Item - View Here
Manufacturer Name: You can add the manufacturer’s information in this field. Once you start typing the field will give you options of manufacturers. If your manufacturer isn’t here you can add it manually. You can also add the manufacturer by code. You will then need select the “Verify Manufacturer” button to unlock the Manufacturer Country.
Manufacturer Country: Select the manufacturers country. If you cannot do so, make sure that you have hit the “Verify Manufacturer” button.
Note: Only use manufacturing code of FMI if serialized part is wholly manufactured by Registrant in Applicant train-stop.
Screen 6b: Line Item - View Here
Product Type: Short Barreled Rifle will be preselected.
Model: Select the model of the firearm here.
Caliber: Select the caliber of the firmarm here.
Units of Measure: Select the units of measure that correspond to the firearm that you are trying to register.
My item description is not in this list, create new item: If your make, model, or caliber isn’t listed in the drop down lists, you can select the radio button here and this will unlock the above boxes to add in your own information.
Length of Barrel (In.): This is the length of the barrel in inches. If you are applying for a silencer you can write N/A here.
Overall Length (In.): This is the overall length of your firearm. If you are applying for a silencer, this will be the length of the silencer.
Serial Number: This is the serial number that is stamped on the firearm or the serial number that you have designated for your firearm.
Description: Type in a description of the firearm that you are registering if it isn't shown in the drop down list.
State Why You Intend To Make Firearm: Type in why you intend to make the firearm. Generally speaking it will be for investment or any lawful purposes.
Screen 6c: Line Item - View Here
Electronic documents: You will need to upload a picture of the engravings on the firearm.
- Add close-up photo of any stamping/engraving currently on serialized part.
Screen 7: Electronic Documents - View Here (Gun Trust)
As an individual applicant aren't required to upload any additional documents here, unless you need to upload any required state or local permits, non-immigrant exception documents, etc. If you are applying with a NFA Gun Trust, then you will need to upload a copy of your notarized, dated, signed NFA Gun Trust. The upload limit is 30MB. If your NFA Gun trust is over 30mb, we can help you with our NFA Gun Trust compression service here. You will also need to upload any supporting evidence that the NFA Gun Trust owned the firearm before 1/31/23. This includes notarized assignment sheets, schedules, etc.
Your evidence will be uploaded separately using the "OTHER" drop down. If you don't upload trust evidence, you will have an error on your application and you will not be able to proceed.
Other documents that you can or might need to upload are located in the document type drop down. You can also include a description of the file you are uploading with the description field below the drop down. Other documents might include: 24 Month Document Submission Exception, Corporation/Trust/Other Legal Entity, Diagrams/Schematics, Other, Photograph, State or Local Permit.
If you want to use the 24 Month Exception you can use our ATF 24 Month Exception for NFA Gun Trust and Legal Entity Documentation Generator here. But note that you will still need to upload any supporting evidence that the NFA Gun Trust owned the firearm before 1/31/23. This includes notarized assignment sheets, schedules, etc.
When the applicant is a trust, corporation or other legal entity, the applicant must attach documentation establishing the existence and validity of the entity, for eForms done via the Electronic Documents screen.
However, under certain conditions, the applicant may not have to file the documentation. 27 CFR 479.63(c) provides that if the applicant entity has had an application approved as maker or transferee within the preceding 24 months of the date of filing this application and there has been no change to the documentation previously provided, in lieu of filing the documentation, the entity may provide a certification that the information has not been changed since the prior approval and shall identify the application for which the documentation has been previously submitted by form number, serial number, and date approved. If the application wishes to claim this exception, this certificate shall be attached as an electronic document to the application submission.
The system required the applicant to select one of two options from the drop-down in the Document Type field to be able to file the application. The applicant must choose either the 'CORPORATION/TRUST/OTHER LEGAL ENTITY' option and attach the documentation or the '24 MONTH DOCUMENT SUBMISSION EXCEPTION' option and attach a document specifying the reason why no documentation of the existence of the trust, corporation or other legal entity is required.
Please note the other Document Types are optional.
Screen 8: Verify
Gun Trust Example - View Here
Individual Example - View Here
You will have to review your entered in information and certify that the information is correct before you can proceed to the next page. If you need to make any changes, you can go back to the appropriate section and make the changes.
Screen 9: Certify - View Here
Summary and Confirm Submission: If you see a green check mark your application has been validated successfully. If you have a red x, you will see the sections that need to be fixed and require attention. You can click the blue hyperlink to go back to that page.
Certify: Select the radio button below the “Certify” to certify that you, “Under penalties imposed by 18 U.S.C. § 924 and 26 U.S.C. § 5861, I certify that, upon submission of this form to ATF, a completed copy of this form will be directed to the CLEO shown in item 10, that the statements, as applicable, contained in this certification, and any attached documents in support thereof, are true and correct to the best of my knowledge and belief. NOTE: See instructions 2.D(2) and 2.D(3) for the items to be completed depending on the type of applicant.”
Pay: Disabled for ATF eForm 1 FINAL RULE 2021R08F applications.
reCAPTCHA: Complete the I'm not a robot verification by selecting the required photos.
Sign & Submit: Click the “Sign & Submit” button to submit your ATF 5320.1 eForm. You will need to type in your PIN number here to submit your application.
You will receive an email from the ATF after payment. The email will include two attachments: a cover letter for your FD-258 fingerprint cards and the CLEO copy of your ATF 5320.1. You will only have 10 business days to mail in your fingerprint cards and the coversheet into the ATF. You must submit two completed FD-258 fingerprint cards for each responsible person in your NFA Gun Trust, Corporation, Legal Entity if applicable.
Mailing Documentation for your CLEO (Chief Law Enforcement Officer):
Print the CLEO copy from the email that the ATF sent to your registered email address. You will need to send the CLEO copy of your ATF 5320.1 and the CLEO copy of your ATF 5320.23 (for each responsible person) to the CLEO that you entered in on screen 5. This can be mailed or dropped of to the CLEO that you entered in on screen 5.
Mailing Documentation for the BATFE:
Print out the cover letter/control sheet that the ATF emailed to your registered email address. You will need to complete two FD-258 fingerprint cards for each responsible persons that you have indicated in your application. The completed fingerprint cards for each responsible person in the application will be mailed to the address that is located on the cover letter/control sheet.
If you have uploaded your .EFT Files for the responsible persons within the application, the cover letter/control sheet will indicate that the prints were "REC'D". In that case the prints were received by the ATF and you will not need to send in physical fingerprint cards to the ATF or the coversheet.
- (2) Original FBI Form FD-258's (Fingerprint Card) from all Responsible Persons. Fingerprints must be submitted on Fingerprint Identification Cards, FD–258 that have been issued by ATF. The fingerprint cards must contain the following ORI information: WVATF0900; ATF–NATL EXPL LIC, MARTINSBURG WV or WVATF0800 ATF-NATL TRA CTR MARTINSBURG, WV. You can buy the FBI Form FD-258's Paper Fingerprinting Packet Here. The fingerprint cards must be completed by your local law enforcement authority or completed by the applicant(s). Source ATF, "How do I get my fingerprints taken?". Or by any authorized fingerprint service.
Information located within this article is current as of February, 2023. Information located within this article is an original guide created by National Gun Trusts and not to be cited or used without the written permission of National Gun Trusts.