ATF Form 4 NFA Tax Stamp Walk-Through Guide
How to guide and walk-through guide for the ATF Form 4 NFA Tax Stamp Application - ATF 5320.4 Application for Tax Paid Transfer and Registration of Firearm
How do I fill out the ATF Form 4 Tax Stamp Application? In this step by step walk-trough guide we go over ever line item in the ATF Form 4. The ATF Form 4 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 4 and ATF 5320.23 paperwork are available for download below.
Step by Step Walk-Through Guide for the ATF 5320.4 Application for Tax Paid Transfer and Registration of Firearm. Updated October, 2019.
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 4 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 4. The information in these first 3 pages is carried over throughout the rest of the document - ATF Copy 2 (pages 8 through 10) and CLEO Copy (pages 11 through 13). 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 5 through 6).
VIDEO REFERENCES FOR PAGE 1
|ATF Form 4 - Page 1 - Individual Applicant||ATF Form 4 - Page 1 - Gun Trust Applicant|
1. Type of Transfer. All items are $200, unless you are purchasing an Any Other Weapon (AOW). Any Other Weapons are $5 for the tax stamp. Any Other Weapon examples can be seen here.
2a. The Transferee’s name and address. This is the name of your gun trust and the address where you are going to store the NFA firearm. If you choose to change the location of the NFA firearm, you can do that by using the ATF Form 20 (5020.20). If a gun trust is applying for the tax stamp check the TRUST at the bottom of 2a. If you are applying as a different entity you can select individual or any of the other entity options that best describes your entity.
2b. County. This is the county, parish, or borough that the NFA firearm will be stored at. This is not the country.
Items in 3 and 4 are typically filled out by your SOT/Class 3 dealer.
3a-c. Transferor’s Name and Address. This is typically filled out by your SOT/Class 3 dealer or transferor.
If you are an heir you will write the executors information, successor trustees information, original applicants information, etc. But note this box can vary depending on your specific situation. You may need to contact the ATF to fully understand who the transferor is in your exact situation. Instruction 2k reads, “The executor, trustee, or other person appointed to dispose of property shall provide documentation of the legal status of the person entitled to receive property, and shall identify that person in item 2a. In the case of an estate, item 3d shall be completed to reflect the decedent’s information.
3d. Decedent's Name, Address and Date of Death. This is used only when you are the heir to the NFA firearm and you are transferring to your gun trust. You might be able to use the ATF Form 5 to legally transfer your NFA firearm and avoid paying the $200 tax stamp.
4a. Manufacturer. The manufacture of the NFA firearms name and address goes here.
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. Note: Multi-cal is not an acceptable caliber. You will need designate a specific caliber.
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 itself and the overall length of the NFA firearm. In the event, you are registering a silencer box 4e is N/A and box 4f is the length of the actual silencer. This information can be obtained from the manufacturer of the silencer.
4g. Serial Number. This is the serial number that is engraved on the NFA firearm.
4h. Additional Description or Data Appearing on Firearm. This box is normally left blank. You can however add additional information here or additional markings that appear on the NFA firearm here.
5. Transferee’s Federal Firearms License. This is the FFL information of the person buying the NFA firearm. This box will be left blank if you are using a gun trust.
6 a/b. Transferee’s Special Tax Status. This is the buyers Federal EIN number or SSN. If you didn’t fill out box 5 then this box will also be left blank
7. Transferor’s Federal Firearms License. This is the FFL information of the seller. This will be completed by the dealer. If you are transferring an already owned NFA firearm into your trust you will leave this blank, unless the item is located at a FFL dealer.
8 a/b. Transferee’s Special Tax Status. This is the dealer’s Federal EIN number or SSN. Your dealer will supply you with this information.
9. Signature of Transferor. The dealer will sign this form. This is the dealer that you are purchasing the NFA item from. This is the person who the item is being obtained from.
10. Name and Title of Authorized Official. The dealer will fill this out.
11. Date. The dealer will fill this out.
End of the ATF Form 4 Application - Page 1
VIDEO REFERENCES FOR PAGE 2
|ATF Form 4 - Page 2 - Individual Applicant||ATF Form 4 - Page 2 - Gun Trust Applicant|
12. Law Enforcement Notification. This is the agency name, name of official, title and address where you will send the CLEO Copy of your paperwork 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]."
13. Transferee Necessity Statement. The individual or settlor of the trust name goes here. If purchasing with a NFA Gun trust, you will write the name of your gun trust here, e.g. Your Gun Trust. The reason should be “Any Lawful Purpose” or "Investment and All Other Lawful Purposes."
14 – 20. Transferee Questions. These boxes are only to be filled out if an individual is purchasing a NFA firearm. If you are purchasing through a gun trust then these will be answered in the ATF Form 5320.23. Don’t affix a photo here if you are registering under a gun trust. This is also done in the ATF Form 5320.23. If you are applying as an individual you will need to affix your photos to these sections. Individual applications are required to submit (2) Passport photos - 2x2 for the ATF 5320.4 application. Individual applicants will fill out and answer questions 11 through 20.
End of the ATF Form 4 Application - Page 2
VIDEO REFERENCES FOR PAGE 3
|ATF Form 4 - Page 3 - Individual Applicant||ATF Form 4 - Page 3 - Gun Trust Applicant|
“CERTIFICATION”. You will need to sign your name and include Trustee after your name. I.e Mike Smith, Trustee and the date you signed. Individual applicants will simply sign their name as shown in box 2a.
21. Number of Responsible Persons. This is the number of responsible persons in your gun trust or legal entity. 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. This is left blank if you are filing as an individual.
22. 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. This is left blank if you are filing as an individual.
23. 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.
End of the ATF Form 4 Application - "ATF Copy 2 - To Be Returned to Registrant" and "CLEO COPY" contain the same questions as above.
VIDEO REFERENCES FOR MAILING CHECKLIST
|ATF Form 4 - Individual Applicant - ATF Mailing Checklist||ATF Form 4 - Gun Trust - ATF Mailing Checklist|
|ATF Form 4 - Individual Applicant - Mailing CLEO Checklist||ATF Form 4 - Gun Trust - CLEO Mailing Checklist|
Use our example forms above to carefully complete (2) Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) Form 4's (5320.4) 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 4 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:
(1) BATFE Form 4 (5320.4) - Note: from your ATF Form 4 these are pages 11 through 13. (Application for Tax Paid Transfer and Registration of Firearm).
(1) BATFE Form 5320.23 - Note: from your ATF Form 4 these are pages 5 through 6. (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 4 these are pages 5 through 6. (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 4 for more payment options.
(1) Original BATFE Form 4's (5320.4) - Note: from your ATF Form 4 these are pages 1 through 3. (Application for Tax Paid Transfer and Registration of Firearm).
(1) Original BATFE Form 4's (5320.4) - Note: from your ATF Form 4 these are pages 8 through 10. (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. NOTE: If you are applying as an individual you will need to submit (2) Passport Photos - 2x2 for your application. If needed, we provide passport photo printing services to ensure your passport photo will be accepted by the ATF.
- (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 or WVATF0800 ATF-NATL TRA CTR MARTINSBURG, WV. You can buy the FBI Form FD-258's Paper Fingerprinting Packet Here. The fingerprint cards can be completed yourself, by your local law enforcement authority, or another qualified entity. 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.