ATF Form 1 NFA Tax Stamp Walk-Through Guide
How to guide and walk-through guide for the ATF Form 1 NFA Tax Stamp Application - ATF 5320.1 Application to Make and Register a Firearm
Navigating the ATF paperwork can be confusing at times. This is the main reason why we created the ATF Form 1 step by step walk-through guide. In this step by step walk-trough guide we go over ever line item in the ATF Form 1. The ATF Form 1 isn't the only form needed to apply for a NFA tax stamp. You will also need the ATF Form 23 (5320.23), which is the NFA Responsible Person Questionnaire, only if you are applying for your ATF Tax Stamp with a NFA Gun Trust or corporation. The ATF Form 1 and ATF 5320.23 paperwork are available for download below.
Step by Step Walk-Through Guide for the ATF 5320.1 Application to Make and Register a Firearm.
Before you start the walk-through be sure to download a copy of each form from the links above. We have also included an example filled out form that you can reference along the way, as well. The ATF Form 1 and ATF Form 23 both contain fillable fields for Adobe Acrobat. Which makes it very easy to go through the forms. You will only need to fill out pages 1 through 3 of the ATF Form 1. The information in these first 3 pages is carried over throughout the rest of the document - ATF Copy 2 (pages 7 through 9) and CLEO Copy (pages 10-12). This is also true for ATF Form 23. Once pages 1 through 2 are completed the information is carried over to the CLEO copy (pages 3 through 4).
1. Type of Application. Select the Tax Paid box 1a. Located at the upper right of the application.
2. Application is made by. Select which entity is purchasing the NFA Firearm. For a gun trust select the TRUST or LEGAL Entity box.
3a. Trade name. This is typically left blank.
3b. Applicant’s name and mailing address. Your gun trust name and the address where the NFA firearm will be stored at. This doesn’t have to be the same address of the gun trust. But where the NFA firearm will be physically stored.
3c. P.O. Box. If the above address is a P.O. Box indicate the address where the NFA firearm will be stored.
3d. County. This is the county, parish, or borough that the NFA firearm will be stored at. This is not the country.
3e. Telephone. Your telephone number goes here.
3f. Email Address. Your email address goes here.
4a. Manufacturer. The original manufacture of the NFA firearms name and address goes here. Note: If you are applying for a ATF Form 1 tax stamp with a trust and you are manufacturing the NFA firearm yourself, then the trust name and address will go here. If you the NFA firearm, already has a serial number and manufacturer's address on the NFA firearm, then you will use that information for box 4a.
4b. Type of Firearm. This is where you indicate the type of NFA firearm you are trying to get a tax stamp for. Options include: Silencer, Short-barreled rifle, Short-barreled shotgun, Machine Gun, Any Other Weapon (AOW), or Destructive Device.
4c. Caliber or Gauge. This is the caliber or gauge of the NFA firearm. 5.56 MM or .223 Cal is acceptable. Slang terms like .338 Lapua or 300 Blackout are not acceptable here. In the event that you are registering a Machine Gun Sear, use N/A here.
4d. Model. This is the model name of the NFA Firearm.
4 e/f. (Length) Of barrel and (Length) Overall. This is the length of the barrel and the overall length of the NFA firearm. This information can be obtained from the manufacturer or by using a measurement tool. If you don't have this information because the SBR/SBS hasn't been manufactured yet, then you can estimate these lengths. Note: that if you estimate these lengths, then you will need to accurately measure them when you receive your approved ATF Tax Stamp back from the ATF. If the measurements are different than your approved ATF Tax Stamp, you will then need to submit a document stating this change to the ATF. They will send back an acceptance letter noting this change. For manufacturing a silencer: this is the length of the silencer itself, box 4e will be N/A and box 4f will be the length of the actual silencer that is being manufactured.
4g. Serial Number. This is the serial number that is engraved on the NFA firearm.
4h. Additional Description. Your gun trust information goes here. You can also add additional calibers and barrel length configurations here.
4i. State Why You Intend to Make Firearm. This should say “Any Lawful Purpose” or "Investment and All Other Lawful Purposes".
4j. Type of Destructive Device. Check the firearm box unless you are making a destructive device.
4k. Reactivated. Select no unless you restored a registered unserviceable NFA firearm to a functional condition. This action incurs the making tax liability.
5-6. Applicant’s Federal Firearms License. These boxes will be blank for a NFA gun trust. If you have an FFL and/or SOT license and you are applying as an individual enter that information here. Add your FFL and/or SOT license numbers, if you are applying as an individual can speed up your approval process.
7. Signature of Applicant. The individual or settlor of the trust name goes here. If purchasing with a NFA Gun trust, you will write the name of the settlor and trustee after that, i.e. Mike Smith, Trustee.
8. Name and Title of Authorized Official. Print your name here and after put Trustee. E.g. “Mike Smith, Trustee” [if you are applying with a trust]. Otherwise print and sign your name.
9. Date. Date the Application.
10. Law Enforcement Notification. This is the agency name, name of official, title and address where you sent the CLEO notification to. The CLEO is defined in definitions section 2d as,
"The chief law enforcement officer (CLEO) is considered to be the Chief of Police; the Sheriff; the Head of the State Police; or a State or local district attorney or prosecutor [of your county]."
11- 14. Maker’s Questions. Ignore this if you are using a NFA gun trust. These questions are answered in the ATF Form 54320.23 for each responsible person in the gun trust. 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.
“CERTIFICATION”. Sign your name here and after put Trustee. E.g. “Mike Smith, Trustee” [if you are applying with a trust]. Otherwise sign your name without trustee. Then date the application.
15. Number of Responsible Persons. This is the number of responsible persons in your gun trust. This only includes the Settlor and the Co-Trustees. Successor Trustees and Beneficiaries are not responsible persons. To avoid confusion spell out the number here. I.e. 2 would be written two.
16. Name(s). List up 8 responsible persons that are in your gun trust. If you have more than 8 responsible persons in your gun trust you can attach another list on a separate sheet.
17. Method of Payment. Here are the methods of payment. It doesn’t matter who pays for the tax stamp. Check the box of the payment method you are choosing. Only fill out the rest if you are paying with a credit card/debit card. We recommend paying this with a method of payment that is trackable. I.e. Check or Credit card/debit card. You will be able to see when the ATF cash or charges your card indicating movement forward with your application.
Purchase and Mailing Checklist
Use our example forms above to carefully complete (2) Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) Form 1s (5320.1) and sign in blue or black ink.
Identify your local Chief Law Enforcement Officer (CLEO) for your county.
Write a $200 check to the BATFE, this is for the purchase of your Tax Stamp. You can also pay by cashier's check or credit card. See the ATF Form 1 for more payment options.
Using the mailing checklist below, mail your completed paperwork to the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) and your Chief Law Enforcement Officer (CLEO).
Mailing Documentation for your CLEO (Chief Law Enforcement Officer):
(1) BATFE Form 1 (5320.1) - Note: from your ATF Form 1 these are pages 10 through 12. (Application for Tax Paid Transfer and Registration of Firearm).
(1) BATFE Form 5320.23 - Note: from your ATF Form 1 these are pages 3 through 4. (National Firearms Act Responsible Person Questionnaire) from all Responsible Persons.
Each other responsible person of the gun trust, if applicable, will mail the below to their CLEO.
(1) BATFE Form 5320.23 - Note: from your ATF Form 1 these are pages 3 through 4. (National Firearms Act Responsible Person Questionnaire)
Mailing Documentation for the BATFE:
(1) Stapled Photocopy of NFA Gun Trust Documentation. (you can purchase your NFA Gun Trust here). Include a copy of any and each amendment(s) in your NFA Gun Trust. If you don't have any gun trust amendments, then this doesn't apply to you.
(1) $200 Check made out to Bureau of Alcohol, Tobacco, Firearms, and Explosives for your Tax Stamp. You can also pay by cashier's check or credit card. See the ATF Form 1 for more payment options.
(1) Original BATFE Form 1's (5320.1) ATF COPY - Note: from your ATF Form 1 these are pages 1 through 3. (Application for Tax Paid Transfer and Registration of Firearm).
(1) Original BATFE Form 1's (5320.1) ATF COPY 2 - Note: from your ATF Form 1 these are pages 7 through 9. (Application for Tax Paid Transfer and Registration of Firearm).
(1) Original BATFE Form 5320.23 - Note: you need pages 1 through 2 for each Responsible Person that is active in the gun trust and located on your gun trust. This includes: settlor and all co-trustees. (National Firearms Act Responsible Person Questionnaire). You need to include the below bulleted items with your BATFE Form 5230.23.
- Affix (1) Passport Photo - 2x2 to Item 3e on Form 5320.23. This applies to every 5320.23 you are submitting to the ATF. Use a paperclip to affix the passport photo to your ATF Form 5320.23.
- (2) Original FBI Form FD-258's (Fingerprint Card) from all Responsible Persons. Use a paperclip to affix the Original FBI Form FD-258's to the ATF Form 5320.23. 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. 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. Source ATF, "How do I get my fingerprints taken?".
Mail your BATFE paperwork and a copy of your NFA gun trust to:
National Firearms Act Branch
Bureau of Alcohol, Tobacco, Firearms and Explosives
P.O. Box 5015
Portland, Oregon 97208-5015
Information located within this article is current as of February, 2019. 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.