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What is the Purpose of the ATF 5320.23 Responsible Person Questionnaire?

We get asked this question all the time.  Either the question is, "What is the Purpose of the ATF 5320.23 Responsible Person Questionnaire?" or "Do I need to submit the ATF 5320.23 Responsible Person Questionnaire if I am the only person on the gun trust?"  In this blog article we will discuss and answer both questions.  

When applying for your tax stamp, you can either apply as an individual or as a NFA gun trust/legal entity. As an individual you will answer the Maker's Questions (ATF Form 1) or Transferee Questions (ATF Form 4 and ATF Form 5) on the actual form that you are applying with.  When you apply with a NFA gun trust or as a legal entity, there is no space to answer the Maker's Questions or Transferee Questions for each responsible person within your NFA gun trust/legal entity on the ATF Form 1, ATF Form 4, or the ATF Form 5.  This is where the ATF 5320.23 responsible persons questionnaire comes into play. Since there is no place to answer the Maker's Questions or Transferee Questions on the original ATF Form for each responsible person within your NFA gun trust/legal entity you will use the ATF 5320.23 to answer the specific questions for each responsible person. Thus, the purpose of the ATF 5320.23 responsible persons questionnaire is used to address the Maker's Questions or Transferee Questions for each responsible person named within your NFA gun trust/legal entity.

The second question is a relatively simple and straightforward answer.  If you are a single responsible person within your NFA gun trust/legal entity you will still need to fill out the ATF 5320.23 responsible persons questionnaire. This is a requirement for all NFA gun trusts/legal entities regardless of how many responsible persons reside within the NFA gun trust/legal entity. 

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