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2018.11.06 04:04 NationalGunTrusts How to guide and walk-through guide for the ATF eForm 1 NFA Tax Stamp Application - ATF eForm 5320.1 Application to Make and Register a Firearm

How to guide and walk-through guide for the ATF eForm 1 NFA Tax Stamp Application - ATF eForm 5320.1 Application to Make and Register a Firearm

The ATF has brought back the eForm filing system for the 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 eForm 1 step by step walk-through guide. In this step by step walk-trough guide we go over ever line item in the ATF eForm 1. The ATF eForm 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. To use the ATF eForm system and apply using the eForm system you can view the eForm's website here. - ATF eForm System. The ATF 5320.23 paperwork is available for download below.
View Original ATF eForm 1 NFA Tax Stamp Walk-Through Guide Here.
Document Download Links Below:
Download ATF Form 5320.23 Filled out ATF Form 5320.23 Example

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. After selecting the ATF eForm 1, you will need to agree to the below statement.
Intended Use of the 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, the submitter must provide documentation of the existence of the entity, such as the articles of incorporation for a corporation or the trust documents. 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.
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.
eForms cannot be used to file for reactivation. These forms must be submitted on paper.
A person who is qualified to manufacture NFA firearms does not file this form (see 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 tab.
The applicant must also provide his or her fingerprints on Form FD-258. The fingerprints will be submitted separately from the application. 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 fingerprint cards. The cover sheet and fingerprint cards MUST be mailed 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, 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 function, 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 fingerprints for each responsible person must also be submitted. As for an individual applicant, the fingerprint cards must be sent to the NFA Division. The eForms system will email a cover sheet to the applicant listing the names of the responsible persons and is to be printed. The cover sheet and the fingerprint cards for all RP’s MUST be mailed in one batch to the NFA Division within 10 days of filing the application.
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 1: Application - View Image Here
Applicant Type: Select which applicant you are. If you are applying with a NFA Gun Trust, select trust. If you are applying as an individual, select Individual, etc.
Screen 1b: Application - View Image Here
Type of Application: This is where you will indicate the type of application. Most applications will be a Tax Paid ($200). This is true if you are filing as an individual or if you are applying with a NFA Gun Trust. Only government entities or government related entities can apply tax exempt with this form. If you are trying to apply tax exempt as an individual or with a NFA Gun Trust, you will need to use the ATF 5320.5 eForm.
Internal Control Number: Leave blank unless you have an internal control number.
Screen 2: Applicant
Since the NFA Gun Trust was selected the Trustee options are shown and No FFL is automatically checked. 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 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.
If filing with a trust you will see the below form and options. - View Image Here
Title of the Submitter of the Application: Write in your role in the trust, e.g. Trustee, SettloGrantor, 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: Select your country.
Address Line 1/Address Line 2: Enter the address information of your trust. This will generally be your home address, but may differ depending on your trust.
Zip Code: The zip code of your trust.
+4: The is the extra 4 digits from your zip code. You can use the USPS address lookup to find out that information - USPS +4 Zip Code Lookup Tool
City: A drop down will be present based off of your entered zip code.
County: Your county will be filled in automatically.
State: Your state will be filled in automatically.
Telephone: This information is automatically filled out from your profile information.
Ext: This information is automatically filled out from your profile information.
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 Image Here
First Name: This is your first name. This information is automatically filled out from your profile information.
M.I.: This is your middle name. This information is automatically filled out from your profile information.
Last Name: This is your last name. This information is automatically filled out from your profile information.
Title of the Submitter of the Application: This is the title of registrant, e.g. Owner.
Country: Select your country. This information is automatically filled out from your profile information.
Address Line 1/Address Line 2: Enter your mailing address. You may need to use Address Line 2 for other address information including, apartment, suite, etc. This information is automatically filled out from your profile information.
Zip Code: This is the your zip code. This information is automatically filled out from your profile information.
+4: The is the extra 4 digits from your zip code. You can use the USPS address lookup to find out that information - USPS +4 Zip Code Lookup Tool
City: This information is automatically filled out from your profile information. A drop down will be present based off of your entered zip code if you need to change the city.
County: Your county will be filled in automatically.
State: Your state will be filled in automatically.
Telephone: This information is automatically filled out from your profile information.
Ext: This information is automatically filled out from your profile information.
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. 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?
11.B. 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?
11.C. Are you a fugitive from justice?
11.D. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
11.E. Have you ever been adjudicated as a mental defective OR have you ever been committed to a mental institution?
11.F. Have you been discharged from the Armed Forces under dishonorable conditions?
11.G. Are you subject to a court order restraining you from harassing, stalking, or threatening your child or an intimate partner or child of such partner?
11.H. Have you ever been convicted in any court of a misdemeanor crime of domestic violence?
13.A. Country of Citizenship: if US, check the box on this line. If not US or if the applicant is a citizen of more than one country, list the country or countries in an attachment.
13.B. Have you ever renounced United States citizenship?
13.C. Are you an alien illegally or unlawfully in the United States?
13.D.1. Are you an alien who has been admitted to the United States under a nonimmigrant visa?
13.D.2. If "yes", do you fall within any of the exceptions stated in the instructions? Attach the documentation to the application
  1. If you are an alien, record your U.S.-Issued Alien or Admission number(AR#, USCIS#, or 194#):
Screen 3: Responsible Persons - View Image Here
This is the page where you will enter the information for all of the responsible persons in your trust. This will be the settlograntor 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.
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: SettloGrantor, Trustee, etc.
First Name: Enter in the first name of the responsible person.
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.
NOTE: on our browser the below tabs were hidden from view. You might need to scroll right, enlarge the width of your browser, or zoom out to see the extra columns. If you don’t enter in the information for these columns, you won’t be able to proceed to the next screen. - View Image Here
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.
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.”
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.
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 4: CLEO (Chief Law Enforcement Officer) - View Image 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 you 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 your zip code are displayed here.
County: County options based off of your zip code are displayed here.
Screen 5: Line Item - View Image Here
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 5a: Line Item - View Image 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: If the applicant is creating the firearm (for example, a silencer or finishing an ‘incomplete receiver’ (that is not yet a firearm)), the applicant will be the maker under the NFA and GCA. Thus, when completing the Line Item (Add Firearm) field, click the “By Manufacturer Code’ button and enter the code ‘FMI’. This code stands for ‘Form 1 Registration’ and the entry can continue. If the model or model and caliber field is not found, click on the box next to ‘My item description is not in the list, create new item’ and add the model or caliber. You will be allowed to submit the application into our Pending Research function in which we validate the information submitted. This should be accomplished in two business days.
Screen 5b: Line Item - View Image Here
Product Type: Select the type of firearm that you are trying to register here.
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 5c: Line Item - View Image Here
Electronic documents: If you would like to upload or include any documentation with the firearm that you are manufacturing or making, you can upload them here. This might be a schematics or diagrams, etc.
Screen 6: Electronic Documents - View Image Here
If you are applying as an individual you won’t need to upload any documentation here. 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 3MB. If your NFA Gun trust is over 3mb, we can help you with our NFA Gun Trust compression service here. 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 Exemption you can use our ATF 24 Month Exemption for NFA Gun Trust and Legal Entity Documentation Generator here.
ATF instructions: 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 a 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 had 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 7: Certify - View Image Here
Certify: Select the radio button below the “Certify” to certify that you, “Under Penalties of Perjury, I Declare that I have examined this application, including accompanying documents, and to the best of my knowledge and belief it is true, accurate and complete and the making and possession of the firearm described above would not constitute a violation of Chaper 44, Title 18, U.S.C., Chaper 53, Title 26, U.S.C., or any provisions of State or local law.”
Pay: Click the “Pay” button to pay the ATF for your application. A pop-up will open that will allow you to submit your payment. Once you have entered in your payment information, you will be able to close that window. If no window pops-up then you might need to check your pop-up blocker settings or other browser settings to allow for pop-up windows.
Sign & Submit: Click the “Sign & Submit” button to submit your ATF 5320.1 eForm.
NOTE: Make sure you Pay before you hit the “Sign & Submit” button.
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 to the CLEO that you entered in on screen 4. This can be mailed or dropped of to the CLEO that you entered in on screen 4.
Mailing Documentation for the BATFE:
Print out the cover lettecontrol 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 lettecontrol sheet.
EDIT 3/7/2019:
You will mail the control sheet and your fingerprint cards to the address that the ATF states on the control sheet.
EDIT 3/10/2019:
FMI is to be used as the manufacturer code if you are manufacturing your own silencer or manufacturing an SBR from an incomplete lower receiver.
Information located within this article is current as of November, 2018. 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.
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