This would lead an intelligent person to believe they dont need to enter anything in Box 20 if they are paying with a Check, Cashiers Check, or Money Order. The electronic Form 1 is a freaking nightmare! is answered incorrectly (checking "No" when it should be "N/A") more often than all of the other incorrect answers put together. And, as part of their never ending quest to make the Form 1 Application as confusing as possible, they failed to update some of the directions. Or, if you are applying in your own name, select Individual. For example, if you have an individual stamp for a suppressor, only you can use that suppressor. Please be aware that refusal to provide this informationmay result in a delay in the NICS background check process.". If you are filling out your ATF Form 4 in conjunction with this form, you can visit our ATF Form 4 walk-through guide here. Mike Smith, Trustee. Now, eforms applications and paper applications are processed at nearly the same rate. Create a Gun Trust with the Trust Shop and use the ATF Form 1 System for free. If you dont have a Trust Shop Gun Trust, you still have 3 good options: 1. First, check the ATF Form 1 box at the top, fill out applicant name using the name and address of your trust. One of the most commonly misunderstood terms in firearm sales is the responsible person. The ATF adjusted their definition of this term back in 2013, so even if youve heard it before, you should revisit it. In this example, John decided to call his SBR the "ZOMBINATOR." There are some circumstances where the business owner wouldnt be listed as a responsible person on the FFL. You can take your own fingerprints or have them done at by the cops. Press J to jump to the feed. Its one page with the address to mail your fingerprints along with some info about you and your item. 9a. Were sure youve noticed that every time we refer to one of the copies of the Form 1 Application, the copy name is colored red. You canbuy the FBI Form FD-258'sPaper Fingerprinting PacketHere. On the RP questionnaire, in spot 4b-4e, do I list Century's info and what's found on the gun? Last week, John and his buddy Jim Bob were 1/2 way through their 2nd case of beer, when Jim Bob offered to sell John his SBR. However, he doesnt like the idea of sacrificing his M4 to do it. Box 1 Always select Box a. If you are applying as a Corporation or Other Legal Entity, you will complete Boxes 18 & 19 the same as a trust. [6], 3c. Definitely dont start drilling or combining parts in any way that can be considered intent to manufacture. NOTE: DO NOT check the create new item box. According to the ATF, the CLEO can be the Chief of Police, the Sheriff, the Head of the State Police, or a State or local district attorney or prosecutor.[27]. Question does the photo have to be a special type of could I just take a picture with my camera and print it on normal paper? The only difference between the ATF Copy and the other two copies, is that some areas are covered by a grey box (which means you dont enter any info in those boxes). Upload all completed & signed Responsible Party Forms (ATF Form 5320.23) to your computer ATF Form 5320.23 - Example of completed Form 5320.23 ; Save a scanned photo of each trustee saved to your computer. You can also purchasethe .EFT File Service here. This is your country of citizenship. National Firearms Act (NFA) Responsible Person Questionnaire -Fillable .PDF ATF Form 5320.23. End of the ATF Form 23 Application - "CLEO COPY" contain the same questions as above. John subscribes to the theory: "if one extra upper is good, five extra uppers is better." ATF eForm 1 FINAL RULE 2021R08F Walk-Through Guide, .EFT File Error - Date occurs after current date, ATF Form Video Walk-Through Instruction Guides. A formal commitment of a person to a mental institution by a court, board, commission, or other lawful authority. Seeing as how item 17 is about UPINs, its safe to say we found our first mistake. "10". The answer is "No."[26]. How Is An ATF Form 1 Filed Using a Paper Application? This is your race. The ATF Copy 2 To Be Returned To Registrant is the copy of the Form 1 that will be returned to you with your Tax Stamp affixed in the upper right hand corner of Page 1. The best answer we can give is that you should enter the next smallest political subdivision after country. If you already have fingerprint cards (or if you bought cards from John Law, you can click on this link to our article titled: How to fill out Silencer and SBR Fingerprint Cards for help with entering the correct info on the top half of the cards. Having a clear and concise ATF Form 5320.23 helps the ATF enter the information when the ATF Form 5320.23 application is received. 3. Many people are so completely flustered & worn out by the time that they get to these boxes (from trying to figure out what went in Boxes 3 & 4), that they see the signature box, scrawl their name and move on; thinking "Wow, that was easy!" You will need to find out who the CLEO (chief law enforcement officer) for your county and enter their departments name, name and title of the official and the agency or department's address. They will shoot your dog. Have your fingerprints filled out and ready, after the eFile you will get an email with a cover letter and location to mail the filled out fingerprint cards. Lets cut to the chase and get straight to the answer. } Most of the work for eFiling is getting everything ready ahead of time so when you go to file it can be all done in one sitting. Mike Smith, Trustee. The form should be already digitally signed as well. Lastly, attach a 22 passport photo or similar picture to the marked area on page 1 and scan onto the computer. The directions say: "(if paying by credit/debit card, complete the sections below)". Call Us 24 Hrs a Day at: (904) 866-4228 or (877) 7GUN-LAW, We respect your privacy and will not share or sell your information. I am applying via form 1 to turn my Century Arms AP5 into an SBR. I don't have a printer scanner, but have adobe pro so could do this all pretty easily if they take e signature. Number of Responsible Persons (see definitions) associated with the applicant trust or legal entity 16. If you recall ATF Form 7 (Application for a Federal Firearms License), responsible persons is defined in the instructions: A responsible person is: In the case of a corporation, partnership, or association, any individual possessing, directly or indirectly, the power to direct or cause the direction of the management, policies, and practices of the corporation, partnership, or association, insofar as they pertain to firearms.. In no way, shape, or form, are we slightly conspiracy theoryish. But aside from our general hatred of the eforms system, there are some other reasons we suggest sticking to the paper Form 1: Of course right now youre thinking: "But I wont make a mistake on my eForm 1." Trusts: Do not enter your name in Box 3b. Select Form 1, Form 4 or Form 5 depending on the type of form you are submitting to the ATF. The individual or settlor of the trust name goes here. The SSN and UPIN are not required. Oh well Moving on. Knowing that $3000 was a steal of a deal, John said: "Throw in your March 1980 Bo Derek Playboy and you have a deal. Your email address goes here. Information located within this article isan original guide created by National Gun Trusts and not to be cited or used without the written permission of National Gun Trusts. Right below that, put your actual name and address along with your email and phone. are the manufacturer, so you will enter your Name & Address just like you did in Box 3b., except this time you are only required to enter the City & State part of the address (Street & Zip not required). 99.9999999% of the time you will check No. That means the SN needs to be at least 4 digits long, and must include at least one number. On the next page, fill out all the info about the suppressor so it will match the Responsible Person form you already submitted. if (x.className === "topnav2") { Each of these numbers is a link to the place where we found the information. And the ATF is off to a strong start, with nonsensical directions in the very first question: "The tax may be paid by credit or debit card, check, or money order. Save your User ID, password, and secret question info somewhere. And while the internet is definitely an extremely helpful resource for many things, instructions for completing the Form 1 simply isnt one of them. Your name and home address goes here. Your SSN number is not required but they say it helps get your stamp quicker. Summary: Two of the three significant changes by the ATF increase the burden on the use of NFA trusts. From there, its a breeze. So, in many cases we found the true source of the information in the National Firearms Act Handbook, the U.S. Code of Federal Regulations, the Gun Contol Act, the Firearm Owners Protection Act, the National Firearms Act, the ATF website, and even on the Federal Bureau of Investigation website. For Example: If you got your trust from the Trust Shop. Use .223 cal or 5.56 MM. Scroll down and click the Register button. Common titles include: Settlor, Manager, Member, Partner, President, Officer, Director, and Owner, but there are many other possible titles. Sometimes it can be hard to tell the difference between the Model Name and the Serial Number (like it is in the example above). It has to be a 2 x 2 photo, generally a passport photo. FBI Form FD-258'sPaper Fingerprint Cards can be ordered from the ATF here for Free. ALL APPLICATIONS EXCEPT FOR an ATF FORM 5 and an ATF FORM 20 MUST BE MAILED TO THE ADDRESS BELOW: NFA Branch Remember our buddy John Smith? They dont give the greatest instructions though. However, this information assists with theefficient completion of the National Instant Criminal Background Check System (NICS) background check. [34]. If the ATF investigates and discovers that the responsible person quit last month, you may receive a violation. Click next to move on to the Electronic Documents page. Just because the moderator on the FaceBook Form 1 Builders forum is named "GunMaster2020" and swears he is the end-all-be-all Form 1 guru, that doesnt necessarily make it true. All Responsible Persons must be listed on this page and their 5320.23 forms uploaded using the 'Choose File' button seen below. Law Enforcement Notification. Please be aware that refusal to provide this information, may result in a delay in the NICS background check process.". And lastly, you will need to enter the method in which you are paying. Alright, so that didnt work, but we have an idea!Maybe a Flow Chart will help us figure it out? var x = document.getElementById("myTopnav2"); But, the Type (4b. But he also wants something that shoots 300 AAC Blackout. 3d. You will have to be present anytime and everywhere that suppressor is used. State of Birth and 15c. Additional Description is kind of a catch-all field, where you can enter any number of things. [6](hint: if you have to enter the physical street address no matter what, why enter a PO Box in the first place?). **Updated January, 2023 with the most current ATF 5320.23 information. The individual or settlor of the trust name goes here. These questions are answered in the ATF Form 54320.23 for each responsible person in the gun trust. I'm curious to see if your application had any problems. Passport photograph. The same is true for an entity. 4d. Additionally, you get access to all of our other ATF Forms, as well as all gun trust forms. Note 3E is only for the ATF version and not the copy for the CLEO notification. Hmmm?? This is what you send in with your fingerprints. The PDF will create two copies and should be printed double sided. 4d. Rules of Behavior for ATFs eForms System - Must be Accepted Every 12 Months. Caliber or Gauge. The only problem is that he doesnt have enough room to list the Caliber, Barrel Length, & OAL for all five uppers in Box 4h. You can also use our ATF 5320.23 Generator to generate your paperwork without .PDF software. But is there any reason they couldnt get the words "Government" and "Entity" on the same line? The SSN and UPIN are not required. Use the User ID and Password you created in the registering step above. Next, fill out the address of maker and item info. (special instructions from the ATF are here, firearms acquisition and disposition record book. Unique Personal Identification Number(See instructions 3C). Have an account registered with the ATF eForms and have a User ID, password, and secret question saved or memorized. Thats because a 300 B/O rifle shoots a 7.62 MM diameter projectile. 3c. Some engraving places wont do it without proof of a stamp, Ill just put it that way. Screen 1: Application Applicant Type:Select which applicant you are. If your business grows between renewal periods, they may require the inclusion of new people in order to grant the renewal. Committed to a mental institution. The ATF Form 5320.23 - Responsible Person Questionnaire form is to be used in conjunction with the ATF Form 1, ATF Form 4, and the ATF Form 5, if you are applying for a tax stamp with a NFA Gun Trust. A success pop-up will appear. State of Birth. Note: do not enter your title (if you have one) after your signature. This is the 5320.1 (very similar to the 5320.23) it looks almost exactly like the 5320.23 Responsible Person form, except it will be all filled out by the ATF with the info you submitted during the eFile. 3d. Start of the ATF Form 23 Application - Page 1, ATF Form 23 - Page 1 - Gun Trust Applicant. During the FFL application review, ATF investigators make sure there you have included everyone who should be. As the business owner, you will likely be one of the responsible persons. You can designate as many as you like on the application. You made it through the ATF Copy of the Form 1 Application. "Permanently" attached means it is welded, staked, or pinned to the barrel. Certification. Its the computer age, so the natural thing to do when faced with something this confusing, is to look for help on the internet. Whoever has authority over firearms in the business also has responsibility, as far as the ATF is concerned. Then, when you fill out ATF Forms, you will enter your UPIN and you wont be delayed or denied. 3. Just click on this link to the Fingerprint Card Order Form. Do you remember when we told you that every time you build a Silencer, SBR, or other NFA Firearm, you are required to complete 3 copies of the Form 1 Application? Federal explosives laws define a "responsible person" as an individual who has the power to direct the management and policies of the applicant pertaining to explosive materials. All responsible persons are required to submit background information to the ATF and have their fingerprints processed. This is your date of birth. This is the manufactures name and address or importer if applicable of the NFA firearm you are registering. The contact form sends information by non-encrypted email, which is not secure. Name and Address of Maker, Manufacturer and/or Importer of Firearm. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Neckbone Armory is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. We have a separate guide on How to fill out the ATF Form 23 that describes the process in detail. And for those unlucky enough to have this happen, it seems to happen on a routine basis. If you are submitting your Form 1 Application as a Trust, Corporation, or Other Legal Entity, DO NOT enter anything in Boxes 11-17. If you have a UPIN, you will select the "Yes" box and included your UPIN Number. For example, if you file via paper form, it may take a few months to get approval to start building your item or firearm. Select Other Legal Entity if you are applying as a LLC, LLP, LTD, or other non-incorporated company. 4b. You only need the first 2 pages, the rest is instructions and the CLEO part which wont be needed at this time. If youre a sole proprietor, you will be your own responsible person. If youre a partnership, youll probably have two persons. This needs to be clear and easy to tell it is you. While reading through an article from one of the Trust Shop lawyers, John discovers that he will need to submit an ATF Form 20 before he can transport his SBR to his ranch (because it is in a different state). That might be true, but ask yourself this: Did any of the 40% of rejected applicants think they were going to make a mistake? During the application process, the ATF will ask questions about your business and may require certain individuals to be listed on the application. Here is the link to a blank 5320.23 in a PDF. If you are filing as an entity, everyone who is considered a Responsible Person in your trust or LLC needs to fill out an ATF 5320.23 Responsible Person Questionnaire. What should he do? No further explanation is required. On the responsible persons page scroll all the way to the right and click Edit Line Item. Dont start drilling or combining parts in any way that can be considered intent to manufacture until you receive your approved stamp. This box is not required to be filled out. Because hell only be using the SBR when he is at the ranch (which is nearly every weekend), and because Jane caught him filling out a Form 1 Application (meaning he will likely be at the ranch on a more permanent basis), John decides the SBR should stay at the ranch full-time. Gun Trust NFA. Information located within this article is current as of June, 2018. How to fill out a Form 1 (when building Silencers & SBRs), How to fill out a Form 4 (when buying Silencers & SBRs), How to fill out the Form 23 (Responsible Person Questionnaire), How to fill out a Form 20 (when traveling with NFA Firearms), How to fill out the ATF Form 1 Application, How to fill out the ATF Form 4 Application, How to complete Silencer & SBR Fingerprint Cards, How to fill out the Responsible Persons paperwork (Form 23), Form 23 (Responsible Persons Questionnaire), Form 20 (when traveling with NFA Firearms), Assignment (Add firearms to your Gun Trust), Memorandum of Contribution (Document use of personal funds), How to fill out Silencer and SBR Fingerprint Cards, (U.S DOJ ATF FFL Newsletter October 2019 edition), (ATF eFormsNews Volume 2, Issue 1. Published By Law Office of David M. Goldman PLLC, How to Purchase a NFA Title II (Class 3) Firearm, Jacksonville Criminal Defense Lawyer Blog, Should I put AR-15 style and other firearms in my Gun Trust, Evacuation with NFA firearms and Form 20 Approval, Iowa (IA) What NFA Firearms can I own? This is statethat you were born in. ' In the meantime, we recommend following the ATF guidelines, even if you don't agree with them. The ATF Form 5320.23 - Responsible Person Questionnairepaperwork requires you to submit fingerprint cards. For example: 7.62 mm, .308, .308 cal, and 12 Gauge are all acceptable formats. ATF E-Form 1 (5320.1) Revised November 2018. 3c. If you arent paying with a credit/debit card, do not sign Box 20. 3h. Box, but youre still going to need to show where you live so that the ATF can come to inspect your gun or suppressor if they so desire. All you need are the 258LE cards (third one in the drop-down): ATF Order Page. Absentee owners are another example; their general managers would be considered responsible. 4h. If you receive this error there is an issue with the date that your .EFT File was created. Commonlyreferred to ATFForm 23. Bureau of Alcohol, Tobacco, Firearms and Explosives ATF Form 5320.23 and our example filled out form below. you would complete Boxes 7-9 like this example. If you are an alien, record your U.S.-Issued Alien or Admission Number you will enter that here. 15f2. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. You can read it straight through from start to finish (recommended), or you can jump to a particular section of the form by locating the part of the Form 1 Application that is giving you trouble (using the guide picture above) and scrolling down until you see the orange button that corresponds to that Box #. ), you might need to sign your name differently than normal. )[14] and Overall Length (4f. End of the ATF Form 23 Application - Page 1, Start of the ATF Form 23 Application - Page 2, ATF Form 23 - Page 2 - Gun Trust Applicant. Type of Firearm. How Is an ATF Form 1 Filed Electronically? Usually the Sheriff for your county. If you need to order cards, you can get pre-filled fingerprint cards from the Trust Shop. You are requesting access to the ATFs eForms System from the Bureau of Alcohol, Tobacco, View the ATF's Official eForm 1FINAL RULE 2021R08F Walk-Through Guide Here We seek to expand general understanding of the laws collectively referred to as the National Firearms Act and their implications for gun owners and citizens of today. The only time you would ever check Yes is if you are. If you are submitting your Form 1 Application as Limited Liability Company (or other legal entity), you will do the same thing that a Corporation Applicant does. Type of Firearm. Youll need: I recommend setting up a trust if you dont have one, it makes everything easier to organize especially if you plan on sharing your suppressor or having multiple suppressors. Fortunately that requirement was removed, so you are free to print your applications one-sided. Make sure the additional page includes your name (or the name of the trust, corp., etc.) Every Responsible Person needs to submit 2 FBI Form FD-258 Fingerprint Cards. If the ATF calls you (this rarely occurs, as they typically send everything via snail mail or email), it will be during business hours. 2 copies of the completed ATF Form 1. Ethnicity. 15a. Click next to go to the responsible persons page. Click finish to save the line item info. Modifying an Existing Firearm is when you are going to use one of your firearms to make a new firearm. Then 30 days later, they receive a letter from the ATF that says: "Your Form 1 Application has been rejected (or delayed) for the following reason(s):", The Name of Authorized Official does not match the name in Box 3b (or Form 23, depending on your applicant type). Theyve created a lot of misinformation. You only need to fill out the first two pages, sign it, and scan it back into your computer. We walk you through the entire process. If you arent building a destructive device, you dont enter anything in Box 4j. Contains information on where you send the CLEO notification. Have the notarized trust paperwork along with the add item page in your trust scanned into your computer as a pdf. Most people use a few letters followed by "001" for their first firearm, then "002" for the 2nd, and so on. If you dont know whether or not you are Hispanic, you shouldnt be allowed to own firearms. And, for the most part it is. But keep in mind, you have to engrave the Model name on your new firearm exactly like you enter it in Box 4d, so dont get too carried away (engraving is expensive and there is a limited amount of real estate on most lower receivers). You can answer the yes or no questions without messing up anything, but you dont need to if you filed with a trust. Correct way would be .338 cal. In order to legally obtain a class 3/title 2 weapon, you will need to fill out the ATF Form 5320.23 form and other paperwork. 3a. Here is a step by step guide for the ATF eFile process start to finish with instructions and examples. has different requirements. Instructions 3C state: "Social Security Number (SSN) and Unique Personal Identification Number (UPIN). Enter your ethnicity and race and move onto the CLEO part. Except there isnt a definition for Types of NFA Firearms. Each Form 23 to be sent to the ATF will need to be accompanied by fingerprints of the responsible person taken on 2 FBI (FD-258) fingerprint cards. Some browsers will allow you edit the ATF Form 5320.23 Fillable .PDF within the browser other browsers will require you to download the ATF Form 5320.23Fillable .PDF to yourcomputer and fill out the document from there. If you are both the Settlor and Trustee (or any other combination of Titles), you only need to add one of the titles after your name. Email Address. Do not staple. Once completed, scroll down and select Next to be brought to the certify page. Click next to go to the Line Item page where you will enter the info about the suppressor that is also already on the responsible person form that you already are submitting to them. There are many reasons that Filling out the Form 1 (Application to Make and Register a Firearm) can be a really frustrating process, even for people that have previously submitted Tax Stamp Applications. Ethnicity. If you are an alien, record your U.S.-Issued Alien or Admission Number you will enter that here. 4b.Type of Firearm This will always be the type of firearm you are going to build, but what do you enter? Once you pay, youll be able to select the sign and submit button. Is there any chance your kid has ever used his smart phone for something less than appropriate? Basically, anyone who will have management power of your business in regards to firearms should be listed as a responsible person. This person will have authority to speak with the ATF, apply for renewal, and even change the license. Any applications for a Form 1, Form 4, or Form 5 postmarked on or after July 13, 2016 must also include Fingerprint cards and pictures. This is the serial number that is engraved on the firearm or the serial number that you will engrave on the firearm when you make it, (ATF eForm 1 silencer). Next, you will need to add any Responsible Person you wish to be on your application. [24] [25], 4k. Now The Trust Shop is all about conserving resources, but when a bunch of liberal tree-huggers deny lawful citizens from owning firearms, just because their application was only printed on one side of a page, thats not cool. You will then get a cover letter and CLEO doc in your email. However, this information assists with theefficient completion of the National Instant Criminal Background Check System (NICS) background check. Its your job to make sure that someone working at your business is listed on your license at all times. The ATF eForm 1 isn't the only form needed to apply for a NFA tax stamp. The ATF Procedure for measuring the Barrel Length is to measure from the closed bolt (or breech-face) to the end of the barrel or permanently attached muzzle device. John loves the versatility of the 5.56mm NATO round and cant wait to convert his Colt M4 Carbine into a Short Barreled Rifle (SBR). Telephone. This is the very same question that was removed from the Form 4473 (the form you fill when you buy a gun at the gun shop), but it seems they couldnt be bothered to make the same adjustment to the Form 1. When you are building a firearm from scratch, you (or your trust, corp, etc.) If you select the Item not in list box during the eFile process instead of selecting from the list, it could take up to 3 months. To the right of Box 13 is a box that asks for your Date of Birth. I will proceed assuming you are filing under a trust, the steps will vary slightly if you are filing as an individual (not recommended). I keep my User ID and Password info saved in a text document on the computer with all my eFile stuff. 2x2 photograph is affixed here with a paper clip. Form Type. In most trusts the Responsible Persons are the Settlor, Grantor, Creator, Trustee, & Co-Trustees. FBI Form FD-258'sPaper Fingerprint Cards can be ordered from the ATF here for Free. If you are building a firearm from scratch, you can use any Model name you want. This only takes a few minutes usually. In this instance, the directions should say: "The tax may be paid by credit or debit card, check, or money order. 3b. You will be brought to a user registration page. If you are building a Silencer, you will enter N/A in Box 4e. Employees come and go. 3e. A properly prepared fingerprint card (form FD-258) must be submitted for ALL .
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