ATF E-Form 10 (5320.10)
Revised May 2017
Special Notice
1. If a firearm is registered to the person from whom you obtained it, that
person may submit ATF Form 5 for the tax exempt transfer of the
firearm to you, in lieu of your submission of ATF Form 10. If the
transfer is approved, the restriction on further transfer of the firearm
which applies to firearms registered on ATF Form 10 would not apply.
2. Title 27 CFR 479.104 provides that any state, any political subdivision
thereof, or any official police organization of such a governmental entity
engaged in criminal investigations which acquires for official use a
National Firearms Act weapon not registered to it such as by
abandonment or by forfeiture, will register such firearm with the
Director by filing ATF Form 10, Application for Registration of
Firearms Acquired by Certain Governmental Entities, and that such
registration shall become a part of the National Firearms Registration and
Transfer Record. Registration of such firearms has been required since
passage of the original National Firearms Act in 1934. On April 15, 1971,
the Supreme Court decided in the matter of U.S. vs. Freed, et al., and noted
that, "only possessors who lawfully make, manufacture, or import firearms
can and must register them." However, in order to assist law enforcement
agencies, while curtailing the flow of "gangster type" weapons into
interstate commerce, the cited regulation was promulgated to permit the
limited registration of firearms by governmental entities for official use
only. When registration of a firearm on this form by a governmental entity
is approved, the Bureau will approve subsequent transfer of such firearm to
another qualified governmental entity only, for official use. Otherwise, such
firearm must be destroyed or abandoned to ATF.
Instructions
1. Preparation of this form.
a. This form must be submitted in duplicate. The Form 10 may be
photocopied or a computer generated version (in the same format and
containing all required information) may be used. A fillable version
for download is available at the ATF Website (www.atf.gov)
b. Only one firearm may be listed on each form. If more, an attachment
listing may be used, and the serial number field should be noted to
reflect the attachment..
c. It is preferred that the original and carbon copy be typed, although
pen and ink entries are acceptable.
d. The signature on each copy must be in ink by the agency head. If
signed by another agency member, evidence of the delegation of
authority must be provided.
e. Serial Number - If the firearm being registered does not bear a serial
number, please contact the nearest Alcohol, Tobacco, Firearms and
Explosives office to have an ATF serial number assigned and placed
on the frame or receiver of the firearm prior to the submission of the
form.
2. Disposition of this form - The applicant will forward the original and one
copy of the form to the National Firearms Act Division, Bureau of
Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road,
Martinsburg, WV 25405, (304) 616-4500. ATF will return the original
form, showing approval or disapproval, to the applicant. Approval
authorized by ATF will effect the registration of the firearm to the
governmental entity. The approved form must be retained with the
permanent records of the entity. Subsequent transfer of the firearm will
be approved to another qualified governmental entity only.
3. Firearms Held for Use as Evidence - Firearms being held for use as
evidence in a criminal proceeding need not be registered if they are to be
destroyed or abandoned to ATF when no longer needed as evidence.
Definitions
The following types of firearms, whether serviceable or unserviceable, fall
within the purview of the National Firearms Act and must be registered to
the possessor to be lawfully possessed:
1. Short-barreled shotgun - Shotguns with barrels less than 18 inches long
or any weapon made from a shotgun having an overall length of less than
26 inches or a barrel less than 18 inches in length.
2. Short-barreled rifle - Rifles with barrels less than 16 inches long; or any
weapon made from a rifle having an overall length of less than 26 inches
or a barrel less than 16 inches in length.
3. Any other weapon - A weapon, except a conventional pistol or revolver
having a rifled bore, capable of firing a shot and being concealed on the
person. Examples include: "pen" guns ostensibly designed to expel tear
gas but which fire fixed ammunition, H & R Handy Guns; Ithaca Auto-
Burglar guns; cane guns; and gadget-type firearms.
4. Machinegun - Any weapon which shoots, is designed to shoot, or can be
readily restored to shoot, automatically more than one shot, without
manual reloading, by single function of the trigger. The term also
includes the frame or receiver of any such weapon, any combination of
parts designed and intended for use in converting a weapon into a
machinegun, and any combination of parts from which a machinegun
can be assembled if such parts are in the possession or under the control
of a person.
5. Destructive device - Destructive devices include explosive, incendiary
(including so called "molotov cocktails") or poison gas bombs, grenades,
rockets, missiles, mines, and similar devices. Included in this category
are anti-tank guns, bazookas and mortars and other military type
weapons with a bore of more than one-half inch diameter, other than a
sporting shotgun or shotgun ammunition.
6. Muffler or silencer - A device for silencing, muffling, or diminishing the
report of any firearm including any part or combination of parts designed
or redesigned,
and intended for use in assembling or fabricating a silencer.
Paperwork Reduction Act Notice
This form meets the clearance requirements of the Paperwork Reduction Act of 1995. The information you provide is used to properly identify the registrant
and the firearms to be registered. The form when approved, registers the firearm to the law enforcement agency. The furnishing of this information is
mandatory (26 U.S.C. 5853a).
The estimated average burden associated with this collection of information is 30 minutes per respondent or recordkeeper, depending on individual
circumstances. Comments concerning the accuracy of this burden estimate and suggestion for reducing this burden should be addressed to Reports
Management Officer, Document Services Branch, Bureau of Alcohol, Tobacco, Firearms and Explosives, Washington, D.C. 20226.
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control
number.
