Fillable Application for Tax Exempt Transfer and Registration of (Bureau of Alcohol, Tobacco, Firearms, and Explosives)

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Application for Tax Exempt Transfer and Registration of (Bureau of Alcohol, Tobacco, Firearms, and Explosives)

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The Application for Tax Exempt Transfer and Registration of (Bureau of Alcohol, Tobacco, Firearms, and Explosives) form is 18 pages long and contains:

  • 6 signatures
  • 141 check-boxes
  • 168 other fields

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U.S.A. forms for Bureau of Alcohol, Tobacco, Firearms, and Explosives

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2a. Transferee’s Full Legal Name and Address (Include trade name, if any) (See instruction 2k)
Submit in duplicate to:
2b. County/Parish
ATF Control Number
U.S. Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
Application for Tax Exempt Transfer and
Registration of Firearm
OMB No. 1140-0015 (08/31/2022)
National Firearms Act Division
Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405
1. Type of Transfer: tax exempt
I believe that I am entitled to exemption from
the payment of the Transfer Tax Imposed by
section 5811 (26 U.S.C. Chapter 53) on the
Firearm described herein for the following
reason (See Instruction 2b):
Firearm is unserviceable and is being
transferred as a curio or ornament
Firearm is being transferred to or from
a Government Entity
Firearm is being transferred to a lawful
heir or by operation of law
Other (Specify)
3b. Transferor’s Name and Address (Include trade name, if any) (Executors: see instruction 2k)
3a. If Applicable: Decedent’s Name, Address, and Date of Death
3e. Number, Street, City, State and Zip Code of Residence (or Firearms Business Premises)
IfDierentfromItem3a.
Theabove-namedandundersignedtransferorherebymakesapplicationasrequiredbySection5812oftheNationalFirearmsActtotransferandregistertherearmdescribed
below to the transferee.
4. Description of Firearm (Complete items a through i) (See instruction 2n)
a. Name and Address of Maker, Manufacturer and/or
Importer of Firearm
b. Type of Firearm (See denitions1c)
c. Caliber
or
Gauge
d. Model
g. Serial Number
5. Applicant’s Federal Firearms License (if any) or Explosives License or Permit Number
(Give complete 15-digit number) (See instruction 2c)
2 digits
2 digits
First 6 digits
5 digits
First 6 digits
2 digits
2 digits
5 digits
7. Transferor’s Federal Firearms License (If any)
i. HastheFirearmbeenrenderedunserviceableasdenedinDenition1m?
(If “Yes,” describe the method by which the rearm has been
rendered unserviceable. Use additional sheets.)
h. Additional Description or Data Appearing on Firearm (Attach additional
sheet if necessary)
e. Barrel: f. Overall:
Yes No
Length
(Inches)
Under Penalties of Perjury, I Declare that I have examined this application, and to the best of my knowledge and belief it is true, correct and complete, and that the transfer
ofthedescribedrearmtothetransfereeandreceiptandpossessionofitbythetransfereearenotprohibitedbytheprovisionsofTitle18,UnitedStatesCode,Chap44;
Title26,UnitedStatesCodeChap53;oranyprovisionsofStateorlocallaw.
9. Signature of Transferor (Or authorized ocial) 10. NameandTitleofAuthorizedOcial (Print or type)
11. Date
ATF Form 5 (5320.5)
Revised September 2019
6. Transferee’s Special (Occupational) Tax Status (If any)
a.EmployerIdenticationNumber
8. Transferor’s Special (Occupational) Tax Status (If any)
b. Class
b. Classa.EmployerIdenticationNumber
The Space Below is for the use of the Bureau of Alcohol, Tobacco, Firearms and Explosives
Approved (With the following conditions, if any)
By Authority of The Director, This Application Has Been Examined, and the Transfer and Registration of the Firearm Described Herein and the Interstate Movement of that
Firearm, When Applicable, to the Transferee are:
Disapproved (For the following reasons)
SignatureofAuthorizedATFOcial
Date
3c. Transferor’s telephone (area code and number)
Internal Control Number
3d. E-mail address
Individual
Trust
Government Entity
Previous Editions Are Obsolete
ATF Copy
Other Legal Entity
Corporation
click to sign
signature
click to edit
14. Answer questions 14.a. through 14.h. Answer questions 16, 17, 18, 19 and 20, if applicable. For any “Yes” answer the transferee shall provide details on a separate
sheet. (See instruction 7b and denitions)
Yes No
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?(See denition 1n)
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?(See denition 1n)
c. Areyouafugitivefromjustice?(See denition 1t)
d. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any
othercontrolledsubstance?Warning: The use or possession of marijuana remains unlawful under
Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational
purposes in the state where you reside.
e. Have you ever been adjudicated as a mental defective OR have you ever been committed to a mental
institution?(See denitions 1o and 1p)
f. Have you been discharged from the Armed Forces under dishonorableconditions?
h. Haveyoueverbeenconvictedinanycourtofamisdemeanorcrimeofdomesticviolence?(See denition 1r)
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? (See denition 1q)
13. Transferee Necessity Statement (Do not complete if the transferee is a government agency) (See instruction 2e)
I, ,haveareasonablenecessitytopossessthemachinegun,short-barreledrie,
short-barreled shotgun, or destructive device described on this application for the following reason(s)
and my possession of the device or weapon would be consistent with public safety (18 U.S.C. § 922(b) (4) and 27 CFR § 478.98).
(Name and Title of Transferee)
TRANSFEREE CERTIFICATION (not completed by a Government Entity)
ThetransfereeistoprovidenoticationoftheproposedacquisitionandpossessionoftherearmdescribedonthisForm5byprovidingacopyofthecompletedformtothe
chieflawenforcementocerintheagencyidentiedbelow:
Agency or Department Name
NameandTitleofOcial
Address (Street address or P.O. Box, City, State and Zip Code) to which sent (mailed or delivered)
Transferee Questions (complete only when transferee is an individual)
12.LawEnforcementNotication(See instruction 2f)
Information for the Chief Law Enforcement Ocer
Thisformprovidesnoticationofthetransferee’sintenttoacquireandpossessaNationalFirearmsAct(NFA)rearm.Noactiononyourpartisrequired.However,should
youhaveinformationthatmaydisqualifythispersonfromacquiringorpossessingarearm,pleasecontacttheNFADivisionat (304) 616-4500 or NFA@atf.gov. A “Yes”
answertoitems14.a.through14.h.or18.d.or18.e.coulddisqualifyapersonfromacquiringorpossessingarearm.Also,ATFwillnotapproveanapplicationifthe
transferorpossessionoftherearmisinviolationofStateorlocallaw.
Yes No
e.AreyouanalienillegallyorunlawfullyintheUnitedStates?
19. If you are an alien, record your U.S.-Issued Alien or Admission number (AR#, USCIS#, or I94#):
f.1.AreyouanalienwhohasbeenadmittedtotheUnitedStatesunderanonimmigrantvisa?
f.2.If“yes”,doyoufallwithinanyoftheexceptionsstatedintheinstructions?Attachthedocumentationtotheapplication
d.HaveyoueverrenouncedyourUnitedStatescitizenship?
N/A
16. Social Security Number: (See Instructions 2h)
Date of Birth:
20.HaveyoubeenissuedaUniquePersonalIdenticationNumber (UPIN)?(See instructions 2h) If yes please provide
Yes No
Ax a 2” x 2” Photograph here.
No Stapling. Tape Sides of Photo to the
Application.
1. Photo must have been taken within the
last year.
2. Photo must have been taken in full face
view without a hat or head covering that
obscures the hair or hairline.
3. On back of photograph print full name,
last 4 of SSN.
15. Photograph
American Indian or Alaska Native
Black or African American White
Asian
NativeHawaiianorOtherPacicIslander
17b. Race
United States of America
Other Country/Countries (specify):
18b. State of Birth
18c.Country of Birth
18a. Country of Citizenship: (Check/List more than one, if applicable. Nationals of the United States may check U.S.A.) (See denition 1s)
17a. Ethnicity
Hispanic or Latino
Not Hispanic or Latino
ATF Form 5 (5320.5)
Revised September 2019
ATF Copy
Important Information for Currently Registered Firearms
Ifyouarethecurrentregistrantoftherearmdescribedonthisform,pleasenotethefollowinginformation.
Estate Procedures:Forproceduresregardingthetransferofrearmsinanestateresultingfromthedeathoftheregistrantidentiedinitem2a,theexecutorshouldcontact
the NFA Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405.
Change of Address: Unless currently licensed under the Gun Control Act, the registrant shall notify the NFA Division, Bureau of Alcohol, Tobacco, Firearms and
Explosives, 244 Needy Road, Martinsburg, WV 25405, in writing, of any change to the address in item 2a.
Change of Description: The registrant shall notify the NFA Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405, in
writing,ofanychangetothedescriptionoftherearm(s)initem4.
Interstate Movement: Iftherearmidentiedinitem4isa machinegun, short-barreled rie, short-barreled shotgun, or destructive device, the registrant may be
required by 18 U.S.C. § 922(a)(4) to obtain permission from ATF prior to any transportation in interstate or foreign commerce. ATF Form 5320.20 can be used to request this
permission.
Restrictions on Possession: Any restriction (see approval block on face of form)onthepossessionoftherearmidentiedinitem4continueswiththefurthertransferof
therearm.
Persons Prohibited from Possessing Firearms:Iftheregistrantbecomesprohibitedfrompossessingarearm,pleasecontacttheNFADivisionforproceduresonhowto
disposeoftherearm.
Proof of Registration:ApersonpossessingarearmregisteredasrequiredbytheNFAshallretainproofofregistrationwhichshallbemadeavailabletoanyATFocer
upon request.
ATF Form 5 (5320.5)
Revised September 2019
Paperwork Reduction Act Notice
This form meets the clearance requirements of the Paperwork Reduction Act of 1995. The information you provide is used to apply the tax-exempt transfer of an
unserviceablerearmtoanyoneotherthanaFederalrearmslicenseewhohaspaidtherequiredspecial(Occupational)taxtodealinNFArearmsandtoorfrom
government agencies. The data is used to ensure legality of transfer under Federal, State and local law. The furnishing of this information is mandatory (26 U.S.C. § 5812).
The estimated average burden associated with this collection of information is 0.5 hours 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Ocer,InformationTechnology
CoordinationSta,BureauofAlcohol,Tobacco,FirearmsandExplosives,Washington,DC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.
Privacy Act Information
The following information is provided pursuant to Section 3 of the Privacy Act of 1974 (5 U.S.C. § 552(e)(3)):
1. Authority. Solicitation of this information is made pursuant to the National Firearms Act (26 U.S.C. § 5812). Disclosure or this information by the applicant is mandatory for any transfer
without payment of transfer tax as provided in 26 U.S.C. § 5852.
2. Purpose. Toverifythattheproposedtransferisexemptfromtransfertax;toverifythatthetransferwouldnotbeinviolationoflaw;andtoeectregistrationoftherearm.
3. Routine Uses. TheinformationwillbeusedbyATFtomakethedeterminationssetforthinparagraph2.Inaddition,toeectregistrationoftherearm,informationastotheidentication
oftherearm,dateofregistration,andtheidenticationandaddressofpersonentitledtopossesstherearmwillbeenteredintotheNationalFirearmsRegistrationandTransferRecord.No
information obtained from an application, registration, or records required to be submitted by an individual in order to comply with any provision of the National Firearms Act or regulation
issued thereunder, shall, except in connection with prosecution or other action for furnishing information, be used, directly or indirectly, as evidence against that person in any criminal
proceedingwithrespecttoaviolationoflawoccurringpriortoorconcurrentlywiththelingoftheapplication.TheinformationfromthisapplicationmayonlybedisclosedtoFederal
authorities for purposes of prosecution for violation of the National Firearms Act.
4. Eects of not Supplying Information Requested. Failure to supply complete information will delay processing and may cause denial of the application.
21.NumberofResponsiblePersons(seedenitions)associatedwiththetransfereetrustorlegalentity
22. Provide the full name (printed or typed) below for each Responsible Person associated with the applicant trust or legal entity (if there are more
Responsible Persons than can be listed on the form, attach a separate sheet listing the additional Responsible Person(s)). Please note that a completed Form 5320.23,
National Firearms Act (NFA) Responsible Person Questionnaire, must be submitted with the Form 5 application for each Responsible Person.
Full Name
Full Name
ATF Copy
CERTIFICATION: Under penalties imposed by 18 U.S.C. § 924 and 26 U.S.C. § 5861, I certify that, upon submission of this form to ATF, a completed copy of this form will be directed
to the chief law enforcement ocer (CLEO) shown in item 12, that the statements, as applicable, contained in this certication, and any attached documents in support thereof, are true
and correct to the best of my knowledge and belief. NOTE: See instructions 2.d(2) and 2.d(3) for the items to be completed depending on the type of transferee.
Signature of Transferee
Date
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signature
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Denitions/Instructions
1. Denitions
a. National Firearms Act (NFA). Title 26, United States Code, Chapter
53. The implementing regulations are found in Title 27, Code of Federal
Regulations, Part 479.
b. Gun Control Act (GCA). Title 18, United States Code, Chapter 44.
The implementing regulations are found in Title 27, Code of Federal
Regulations, Part 478.
c. Firearm. Theterm“rearm”means:(1)ashotgunhavingabarrelor
barrelsoflessthan18inchesinlength;(2)aweaponmadefroma
shotgunifsuchweaponasmodiedhasanoveralllengthoflessthan26
inchesorabarrelorbarrelsoflessthan18inchesinlength;(3)arie
havingabarrelorbarrelsoflessthan16inchesinlength;(4)aweapon
madefromarieifsuchweaponasmodiedhasanoveralllengthofless
than26inchesorabarrelorbarrelsoflessthan16inchesinlength;(5)
anyotherweaponasdenedin26U.S.C.§5845(e);(6)amachinegun;
(7)amuerorsilencerforanyrearmwhetherornotsuchrearmis
includedwithinthisdenition;and(8)adestructivedevice.
d. Person. A partnership, company, association, trust, corporation, including
eachresponsiblepersonassociatedwithsuchanentity;includingeach
responsiblepersonassociatedwithsuchanentity;anestate;oranindividual.
Section A
e. Responsible Person. In the case of an unlicensed entity, including any trust, partnership,
association, company (including any Limited Liability Company (LLC)), or corporation, any
individual who possesses, directly or indirectly, the power or authority to direct the
management and policies of the trust or entity to receive, possess, ship, transport, deliver,
transfer or otherwise dispose of a firearm for, or on behalf of, the trust or legal entity.
Section B
Ttrust: Those persons with the power or authority to direct the management and
policies of the trust includes any person who has the capability to exercise such power
and possesses, directly or indirectly, the power or authority under any trust instrument, or
under State law, to receive, possess, ship, transport, deliver, transfer, or otherwise
dispose of a firearm for, or on behalf of the trust. Examples of who may be considered a
responsible person include settlors/grantors, trustees, partners, members, officers, directors,
board members, or owners. An example of who may be excluded from this definition of
responsible person is the beneficiary of a trust, if the beneficiary does not have the capability
to exercise the enumerated powers or authorities.
f. Employer Identication Number (EIN). Requiredoftaxpayerling
special (occupational) tax returns under 27 CFR § 479.35.
g. Special (Occupational) Tax. Required by the NFA to be paid by a
Federalrearmslicenseeengagedinthebusinessofmanufacturing(Class
2),importing(Class1),ordealing(Class3)inNFArearms.
h. Federal Firearms License. A license issued under the provisions of
theGCAtomanufacture,importordealinrearms.
i. ATF Ocer. AnoceroremployeeoftheBureauofAlcohol,Tobacco,
Firearms and Explosives (ATF) authorized to perform any function
relating to the administration of the NFA.
j. Transfer. Selling, assigning, pledging, leasing, loaning, giving away, or
otherwisedisposingofarearm.
k. Transferor. Thepersonsellingorotherwisedisposingofarearm;
includingapplyingtotransferarearm.
l. Transferee. Thepersonacquiringtherearm.
m. Unserviceable Firearm. One which is incapable of discharging a shot
bymeansofanexplosiveandincapableofbeingreadilyrestoredtoring
condition.Anacceptablemethodofrenderingmostrearms
unserviceable is to fusion weld the chamber closed and fusion weld the
barrel solidly to the frame.
n. Prohibited Person. Generally, 18 U.S.C. § 922 (g) prohibits the shipment,
transportation,receipt,orpossessioninoraectinginterstatecommerceofarearm
byonewho:hasbeenconvictedofamisdemeanorcrimeofdomesticviolence;has
been convicted of a felony, or any other crime, punishable by imprisonment for a term
exceeding one year (this does not include State misdemeanors punishable by
imprisonment of two years or less);isafugitivefromjustice;isanunlawfuluserof,or
addicted to, marijuana or any depressant, stimulant, or narcotic drug, or any other
controlledsubstance;hasbeenadjudicatedasamentaldefectiveorhasbeen
committedtoamentalinstitution;hasbeendischargedfromtheArmedForcesunder
dishonorableconditions;hasrenouncedhisorherU.S.citizenship;isanalienillegally
in the United States or an alien admitted to the United States under a nonimmigrant
visa;orissubjecttocertainrestrainingorders.Furthermore,Section922(n)prohibits
theshipment,transportation,orreceiptinoraectinginterstatecommerceofarearm
by one who is under indictment or information for a felony in any Federal, State or
local court, or any other crime, punishable by imprisonment for a term exceeding one year.
Aninformationisaformalaccusationofacrimeveriedbyaprosecutor.
EXCEPTION: A person who has been convicted of a felony, or any other crime, for
which the judge could have imprisoned the person for more than one year, or who has been
convicted of a misdemeanor crime of domestic violence, is not prohibited from
purchasing,receiving,orpossessingarearmif:(1)underthelawofthejurisdictionwhere
the conviction occurred, the person has been pardoned, the conviction has been expunged
or set aside, or the person has had their civil rights (the right to vote, sit on a jury, and hold
public oce) taken away and later restored AND (2) the person is not prohibited by the law
ofthejurisdictionwheretheconvictionoccurredfromreceivingorpossessingrearms.
Persons subject to this exception should mark “no” in the applicable box.
o. Adjudicated as a Mental Defective. A determination by a court, board,
commission, or other lawful authority that a person, as a result of marked subnormal
intelligence, or mental illness, incompetency, condition, or disease: (1) is a danger to
himselfortoothers;or(2)lacksthementalcapacitytocontractormanagehisown
aairs.Thistermshallinclude:(1)andingofinsanitybyacourtinacriminalcase;
and (2) those persons found incompetent to stand trial or found not guilty by reason of
lack of mental responsibility.
p. Committed to a Mental Institution. A formal commitment of a person to a mental
institution by a court, board, commission, or other lawful authority. The term includes
a commitment to a mental institution involuntarily. The term includes commitment
for mental defectiveness or mental illness. It also includes commitments for other
reasons, such as for drug use. The term does not include a person in a mental
institution for observation or a voluntary admission to a mental institution.
EXCEPTION NICS Improvement Amendments Act of 2007: A person who has been
adjudicated as a mental defective or committed to a mental institution in a state proceeding
is not prohibited by the adjudication or commitment if the person has been granted relief
by the adjudicating/committing state pursuant to a qualifying mental health relief from
disabilities program. Also, a person who has been adjudicated as a mental defective or
committed to a mental institution by a department or agency of the Federal Government
is not prohibited by the adjudication or commitmemt if either (a) the person’s adjudica
tionorcommitmentwasset-asideorexpungedbytheadjudicating/committingagency;
(b) the person has been fully released or discharged from all mandatory treatment, supervi
sion,ormonitoringbytheagency;(c)thepersonwasfoundbytheagencytonolonger
suerfromthementalhealthconditionthatservedasthebasisoftheinitialadjudication/
commitment;or(d)theadjudicationorcommitment,respectively,isbasedsolelyona
medicalndingofdisability,withoutanopportunityforahearingbyacourt,board,
commission, or other lawful authority, and the person has not been adjudicated as a mental
defectiveconsistentwithsection922(g)(4)oftitle18,UnitedStatescode;or(e)theperson
wasgrantedrelieffromtheadjudicating/committingagencypursuanttoaqualiedmental
health relief from disabilities program. Persons who fall within one of the above
exceptions should mark “no” in the applicable box. This exception to an adjudication or
commitment by a Federal department or agency does not apply to any person who was
adjudicated to be not guilty by reason of insanity, or based on a lack of mental responsibil
ity, or found incompetent to stand trial, in any criminal case or under the Uniform Code of
Military Justice.
q. Restraining Order. Under18U.S.C.§922,rearmsmaynotbesoldto
or received by persons subject to a court order that: (A) was issued after a hearing
whichthepersonreceivedactualnoticeofandhadanopportunitytoparticipatein;
(B) restrains such person from harassing, stalking, or threatening an intimate partner or
child of such intimate partner or person, or engaging in other conduct that would place
anintimatepartnerinreasonablefearofbodilyinjurytothepartnerorchild;and
(C)(i)includesandingthatsuchpersonrepresentsacrediblethreattothe
physicalsafetyofsuchintimatepartnerorchild;or(ii)byitstermsexplicitlyprohibits
the use, attempted use, or threatened use of physical force against such intimate partner
or child that would reasonably be expected to cause bodily injury. An “intimate
partner” of a person is: the spouse or former spouse of the person, the parent of a
child of the person, or an individual who cohabitates or has cohabitated with the
person.
ATF Form 5 (5320.5)
Revised September 2019
r. Misdemeanor Crime of Domestic Violence: A Federal, State, local, tribal
oensethatisamisdemeanorundertheFederal,State,ortriballawandhas,
as an element, the use or attempted use of physical force, or the threatened
use of a deadly weapon, committed by a current or former spouse, parent, or
guardian of the victim, by a person with whom the victim shares a child
in common, by a person cohabitating with, or has cohabitated with the
victim as a spouse, parent, or guardian, or by a person similarly situated to a
spouse, parent, or guardian of the victim. The term includes all
misdemeanors that have as an element the use or attempted use of
physical force or the threatened use of a deadly weapon (e.g., assault and
battery),iftheoenseiscommittedbyoneofthedenedparties.
(See Exception in the denition of “Prohibited Person”). A person who
has been convicted of a misdemeanor crime of domestic violence also is not
prohibited unless: (1) the person was represented by a lawyer or gave up the
righttoalawyer;(2)ifthepersonwasentitledtoajury,wastriedbyajury,
or gave up the right to a jury trial. Persons subject to this exception
should mark “no” in the applicable box.
s. Alien Admitted to the United States Under a Nonimmigrant Visa. An
alien admitted to the United States under a nonimmigrant visa includes,
among others, persons visiting the United States temporarily for business
or pleasure, persons studying in the United States who maintain a
residence abroad, and certain temporary foreign workers. These aliens
must answer “yes” to question 16.d.1 and provide the additional
documentation required under question 16.d.2. Permanent resident aliens
and aliens legally admitted to the United States pursuant to either the Visa
Waiver Program or to regulations otherwise exempting them from visa
requirements may answer “no” to this question and are not required to
submit the additional documentation under 16.d.2. An alien admitted to the
United States under a nonimmigrant visa is not prohibited from purchasing,
receiving,orpossessingarearmifthealien:(1)isinpossessionofa
hunting license or permit lawfully issued by the Federal Government, a
State, or local government, or an Indian tribe federally recognized by the
BureauofIndianAairs,whichisvalidandunexpired;(2)was
admittedtotheUnitedStatesforlawfulhuntingorsportingpurposes;(3)
isanocialrepresentativeofaforeigngovernmentwhoisaccreditedto
the United States Government or the Government’s mission to an
internationalorganizationhavingitsheadquartersintheUnitedStates;
(4)isanocialrepresentativeofaforeigngovernmentwhoisenrouteto
orfromanothercountrytowhichthatalienisaccredited;(5)isanocial
of a foreign government or a distinguished foreign visitor who has been
sodesignatedbytheDepartmentofState;(6)isaforeignlawenforcement
ocerofafriendlyforeigngovernmententeringtheUnitedStateson
ociallawenforcementbusiness;(7)hasreceivedawaiverfromthe
prohibition from the Attorney General of the United States.
t. Fugitives from Justice. AnypersonwhohasedfromanyStatetoavoid
prosecution for a felony or a misdemeanor, or any person who leaves the
State to avoid giving testimony in any criminal proceeding. The term also
includes any person who knows that misdemeanor or felony charges are
pending against such person and who leaves the State of prosecution.
2. Preparation of Application
a. Authority. As provided by 26 U.S.C. §§§ 5812, 5852, and 5853, any
personseekingtotransferarearmexemptfrompaymentoftaxmustsubmit,
induplicate,aseparateapplicationonthisformforeachrearm.The
transferor must furnish all the information called for, except as noted by
instructions within, on this application form. Please note that the form now
contains a 3rd (CLEO) copy of the form for use in compliance with
instruction 2f and item 12 of the form.
b. Exemptions from Transfer Tax. Aregisteredrearmmaybetransferred
without payment of the transfer tax if:
(1) itisunserviceable;(See denition 1m)
(2) it is being transferred to or from the United States, or any
department,independentestablishmentoragencythereof;
(3) it is being transferred to or from any State or possession of the
UnitedStatesoranypoliticalsubdivisionthereof,oranyocial
policeorganizationofsuchgovernmententity;or
(4) itisbeingtransferredtoabeneciaryofanestate.
c. Federal Firearms Licensees. If the transferor or transferee is a Federal
Firearms licensee (FFL) under the GCA, the licensee’s complete name, trade
name (if any), and address shall be entered in items 2a or 3a of this form,
respectively. The complete license number of each shall be entered in items
5 and 7 of the form and, if the licensee is a special (occuptational) taxpayer
undertheNFA,thelicensee’semployeridenticationnumber(EIN) shall be
entered in items 6 and 8 of the form, along with the class of special tax paid.
IMPORTANT NOTE: The business structure of the licensee shall be described
consistently. For example, if the transferor is a sole proprietor, item 3a shall
reecttheFFLinformationforthesoleproprietorbusinessanditem7shall
reecttheFFLnumberforthatsoleproprietorbusiness.Item8willreecttheEIN
for the sole proprietor business. If the special tax is paid as a corporation, then it is
not valid for the transaction. Similarly, a corporation name shown in item 3a with
the FFL number and EIN of a sole proprietor will not be valid for the transaction.
d. Completion of Form.
(1) The transferor shall provide the transferee’s full legal name to include
middle and physical address (no Post oce box) in item 2a. If the
transferee is a trust or legal entity, show only the complete name of
the trust or legal entity and do not include any individual names (such
as names of trustees or corporate ocials). The address shall be the
locationwithintheparticularstatewheretherearmwillbemaintained
for a trust or legal entity. In the case of two or more locations for a
legal entity, the address shown shall be the principal place of business
withintheparticularstate(orprincipaloce,inthecaseofacorporation).
(2) If the transferee is an individual, the entire Form 5 shall be completed
except for items 21 and 22. In addition, the transferee must include
hisorherngerprintsonFBIFormFD-258andhisorherphotos(see
instruction 2g).
(3) If the transferee is other than an individual, e.g., a trust or legal entity,
such as a corporation, the transferee shall not complete items 14, 15,
16, 17, 18, 19 or 20. All other items must be completed including the
signingoftheTransfereeCerticationstatementbythetransfereeSee
2.d.5 for Responsible Person Requirements.
(4) Documentation of entity existence:
a. If the transferee is other than an individual, the transferee must
attach documentation evidencing the existence and validity of
the trust or legal entity, which includes complete and unredacted
copies of partnership agreements, articles of incorporation,
corporate registration, declarations of trust with any trust schedules,
attachments, exhibits, and enclosures.
b. If the transferee entity has had an application approved as a maker
ortransfereewithinthepreceding24monthsofthedateofling
this application, and there has been no change to the
documentation evidencing the existence and validity of the entity
previously provided, the trust or legal entity may provide a
certicationthattheinformationhasnotbeenchangedsincethe
prior approval and shall identify the application for which the
documentation had been submitted form number, serial number, and
date approved.
(5) If the transferee is other than an individual, each responsible person
of the trust or legal entity (see denition1e) must include a completed
ATF Form 5320.23, National Firearms Act (NFA) Responsible Person
Questionnaire, with the submitted Form 5.
(6) Item4g(serialnumber)isobscuredontheCLEOcopy.Thiselddoes
not require completion on the CLEO copy.
e. Transferee Necessity Statement. Item 13 must be completed by the
transferee if:
(1) therearmtobetransferredisamachinegun,short-barreledrie,
short-barreledshotgun,ordestructivedevice;
(2) the transferor is licensed under the GCA to deal in such device or
rearm;and
(3) the transferee is not licensed under the GCA to deal in such device
orrearm.
f. Law Enforcement Notication. The transferee must provide a copy of
theForm5tothechieflawenforcementocer(CLEO)whohas
jurisdiction over the area of the transferee’s address shown in item 2a of
the Form 5. In addition, if the transferee is other than an individual, a copy
of the Form 5320.23, National Firearms Act (NFA) Responsible Person
Questionnaire, completed by each responsible person must be provided to
theirrespectivechieflawenforcementocer.Thechieflawenforcement
ocerisconsideredtobetheChiefofPolice;theSheri;theHeadofthe
StatePolice;oraStateorlocaldistrictattorneyorprosecutor.
ATF Form 5(5320.5)
Revised September 2019
g. Photographs and Fingerprints. An individual transferee, except if
licensed as a manufacturer, importer, or dealer under the GCA, must
(1) attach to item 15 of the ATF Form 5, a 2 inch x 2 inch photograph of
the frontal view of the transferee taken within 1 year prior to the date of
the application and (2) submit two properly completed FBI Forms FD-258
(Fingerprint Card with blue lines)withtheapplication.Thengerprints
mustbeclearforaccurateclassicationandtakenbysomeoneproperly
equipped to take them.
h. Social Security Number and UPIN. The Social Security number and
UPINarenotrequired.However,thisinformatinassistswiththeecient
completion of the NICS background check. Please be aware that refusal
to provide this informatin may result in a delay in the NICS background
check process.
i. Signatures. All signatures required on ATF Form 5 must be original in
ink on both copies. Exceptions: In the case of eforms or where a variance
has been granted a Digital/Electronic signature may be used.
(1)iftheapplicantisanindividual,theapplicantshallsigntheform;
(2)iftheapplicantistheestateofadecedentortherearmisbeing
transferred by other operation of law, the executor or administrator of
the estate shall sign the form or, in the case of other operation of law
transfer, the person appointed to dispose of the property shall sign the
form;
(3) if the applicant is a trust or legal entity, a responsible person of the trust
orlegalentityshallsigntheform;
(4)iftheapplicantisaFederalrearmslicensee,aresponsiblepersonofthe
Federalrearmslicenseemustsigntheform;or
(5) if the applicant is a government entity, a person who has authority to sign
for the entity shall sign the form.
j. Photocopies, Computer Generated Versions, or Downloaded
Version. The form may be copied or downloaded (for example, from the
ATF website (www.atf.gov)). The form does not have to be printed front
to back.
k. Estates, Trusts, and Other Transfers by Operation of Law. Whenarearm
is being transferred from an estate by bequest or intestate succession (see 27 CFR §
479.90a),orbyotheroperationoflawtoabeneciaryorotherauthorizedrecipient,
ATFForm5isusedtoeectthetransfer.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3eshallbecompletedtoreectthedecedent’s
information.Ifthetransferistosomeoneotherthantoapersonidentiedunder
operation of law, the transfer is subject to transfer tax and ATF Form 4 shall be used.
l. Submission. The transferor shall submit 2 forms (ATF Copy 1 and Copy 2
(Registrant)) to the NFA Division at the address on the face of the form. All
items on the form are to be completed except as noted in the instructions and
any attachment included with the submission. The applicant shall direct the
3rd copy (CLEO) complete copy of the form to the chief law enforcement
ocerasprovidedininstruction2fanditem12.
m. Submission by Facsimile Transmission. ATF Form 5 may also be
submitted (in situations where the application is not accompanied by
ngerprints and photographs) for approval by facsimile transmission to
(304)616-4501providedthatthetransferorhasledanadavitwith
the NFA Division as provided by ATF Industry Circular 89-6.
n. Description of Firearm and Markings. (1) Item 4a. please provide
thenameandaddressofthemaker,manufacturerorimporterofthere-
arm. If there are additional makers, manufacturers, or importers, include
this information in item 4h or on a separate sheet of paper. (2) Item 4b
thetypesofNFArearmarelistedindenition1c.(3)Item4c.specify
one caliber or gauge. If there are additional calibers associated with the
descriptionoftherearm,includethisinformationinitem4horona
separate piece of paper. (4) Item 4d. show the model designation (if
any). (5) Item 4e. and 4f. specify the barrel and overall lengths as
applicable. If there are additional barrel and overall lengths associated
withthedescriptionoftherearm,includethisinformationinitem4hor
on a separate sheet of paper. (6) Item 4g. (a) enter the serial number of
therearm.(b)Whenmorethanonerearmofthesamedescriptionis
being transferred and the serial numbers are in a consecutive series, the
transferor may enter the beginning and ending serial numbers of the
range.Whenmorethanonerearmofthesamedescriptionisbeing
transferred but the serial numbers are nonconsecutive, the transferor may
note item 4g. to “see attached list of xxx serial numbers.” Any attachment
mustbereferencedtotheATFForm5.(7)Iftherearedierences
betweenthedescriptionoftherearmontheformincomparisontothe
physicaldescriptionoftherearmorinthemarkingsontherearm,
including the serial number, contact the NFA Division in regard to these
dierences.(8)Item4i.Answer“Yes”or“No”. 
o. State or Local Permit. If a State or local permit or license is required
forthetransfereepriortoacquisitionoftherearm,acopyofthepermit
must be included with the application. If the transferee is a trust or legal
entity, when the State of residence for any responsible person requires a
State or local permit or license, a copy of the permit or license must be
submitted with Form 5320.23, National Firearms Act (NFA) Responsible
Person Questionnaire.
3. Approval of Application. Upon approval of an application, the NFA Division
willreturntheapprovedcopytothetransferorfordeliverywiththerearmto
thetransferee.Sincetheapprovaloftheapplicationeectuatesregistration
oftherearmtothetransferee,thephysicaltransferoftherearmmustbe
completedimmediately;however,thetransferormustnottransfertherearm
until the application has been approved and received. If the physical transfer
oftherearmcannotbecompletedimmediately,thetransferormustcontact
theNFABranchwiththespecics.
4. Withdrawal of Application. The transferor may withdraw an application
prior to approval subsequent to a written request directed to the Chief, NFA
Division, 244 Needy Road, Martinsburg, WV 25405.
5. Cancellation of Approved Application. The transferor may cancel an
approvedapplicationonlyifthephysicaltransferoftherearmhasnotbeen
completed. The transferor must return the approved application with a written
request directed to the Chief, NFA Division, 244 Needy Road, Martinsburg, WV
25405 for cancellation, citing the need and that the physical transfer of the
rearmdidnottakeplace.
6. Disapproval of Application. If the application is disapproved, the NFA
Division will note the reason for disapproval on the application and return one
copy of the ATF Form 5 to the transferor.
7. Reasons for Disapproval. 26 U.S.C. § 5812 provides that applications shall
bedeniedifthetransfer,receipt,orpossessionoftherearmwouldplacethe
transferee in violation of law.
a. Violation of Law. Applications shall be denied if the receipt or possession
oftherearmwouldplacethepersonreceivingorpossessingtherearm
in violation of law.
b. Persons Prohibited from Receiving a Firearm. The application will be
disapproved if the transferee is a person prohibited from receiving a
rearm.Forinformationregardingpersonsprohibitedfromreceivinga
rearm,refertodenitions1nthrough1s.
8. Status Inquiries and Questions. Information relating to the NFA and other
rearmslawsisavailableattheATFInternetwebsiteatwww.atf.gov. Any
inquiryrelatingtothestatusofanapplicationtotransferanNFArearmor
about procedures in general should be directed to the NFA Division at (304)
616-4500. Please be aware that any dissemination by ATF of information
relatingtotheapplicationtoregisteranNFArearmmustconformwiththe
restrictions in 26 U.S.C. § 6103.
9. Penalties. Any person who violates or fails to comply with any of the
requirementsoftheNFAshall,uponconviction,benednotmorethan
$10,000orbeimprisonedfornotmorethan10years,orboth.Anyrearm
involved in a violation of the NFA shall be subject to seizure and forfeiture.
It is unlawful for any person to make or cause the making of a false entry on
any application or record required by the NFA knowing such entry to be
false.
10. Compliance with the Gun Control Act. Persons must also comply with all
relevant portions of the GCA.
ATF Form 5(5320.5)
Revised September 2019
ATF Copy 2 - To Be Returned to Registrant
2a. Transferee’s Full Legal Name and Address (Include trade name, if any) (See instruction 2k)
Submit in duplicate to:
2b. County/Parish
ATF Control Number
U.S. Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
Application for Tax Exempt Transfer and
Registration of Firearm
OMB No. 1140-0015 (08/31/2022)
National Firearms Act Division
Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405
1. Type of Transfer: tax exempt
I believe that I am entitled to exemption from
the payment of the Transfer Tax Imposed by
section 5811 (26 U.S.C. Chapter 53) on the
Firearm described herein for the following
reason (See Instruction 2b):
Firearm is unserviceable and is being
transferred as a curio or ornament
Firearm is being transferred to or from
a Government Entity
Firearm is being transferred to a lawful
heir or by operation of law
Other (Specify)
3b. Transferor’s Name and Address (Include trade name, if any) (Executors: see instruction 2k)
3a. If Applicable: Decedent’s Name, Address, and Date of Death
3e. Number, Street, City, State and Zip Code of Residence (or Firearms Business Premises)
IfDierentfromItem3a.
Theabove-namedandundersignedtransferorherebymakesapplicationasrequiredbySection5812oftheNationalFirearmsActtotransferandregistertherearmdescribed
below to the transferee.
4. Description of Firearm (Complete items a through i) (See instruction 2n)
a. Name and Address of Maker, Manufacturer and/or
Importer of Firearm
b. Type of Firearm (See denitions1c)
c. Caliber
or
Gauge
d. Model
g. Serial Number
5. Applicant’s Federal Firearms License (if any) or Explosives License or Permit Number
(Give complete 15-digit number) (See instruction 2c)
2 digits
2 digits
First 6 digits
5 digits
First 6 digits
2 digits
2 digits
5 digits
7. Transferor’s Federal Firearms License (If any)
h. Additional Description or Data Appearing on Firearm (Attach additional
sheet if necessary)
e. Barrel: f. Overall:
Length
(Inches)
Under Penalties of Perjury, I Declare that I have examined this application, and to the best of my knowledge and belief it is true, correct and complete, and that the transfer
ofthedescribedrearmtothetransfereeandreceiptandpossessionofitbythetransfereearenotprohibitedbytheprovisionsofTitle18,UnitedStatesCode,Chap44;
Title26,UnitedStatesCodeChap53;oranyprovisionsofStateorlocallaw.
9. Signature of Transferor (Or authorized ocial) 10. NameandTitleofAuthorizedOcial (Print or type)
11. Date
ATF Form 5 (5320.5)
Revised September 2019
6. Transferee’s Special (Occupational) Tax Status (If any)
a.EmployerIdenticationNumber
8. Transferor’s Special (Occupational) Tax Status (If any)
b. Class
b. Classa.EmployerIdenticationNumber
The Space Below is for the use of the Bureau of Alcohol, Tobacco, Firearms and Explosives
Approved (With the following conditions, if any)
By Authority of The Director, This Application Has Been Examined, and the Transfer and Registration of the Firearm Described Herein and the Interstate Movement of that
Firearm, When Applicable, to the Transferee are:
Disapproved (For the following reasons)
SignatureofAuthorizedATFOcial
Date
3c. Transferor’s telephone (area code and number)
Internal Control Number
3d. E-mail address
Individual
Trust
Government Entity
Previous Editions Are Obsolete
Other Legal Entity
Corporation
i. HastheFirearmbeenrenderedunserviceableasdenedinDenition1m?
(If “Yes,” describe the method by which the rearm has been
rendered unserviceable. Use additional sheets.)
Yes No
click to sign
signature
click to edit
ATF Copy 2 - To Be Returned to Registrant
14. Answer questions 14.a. through 14.h. Answer questions 16, 17, 18, 19 and 20, if applicable. For any “Yes” answer the transferee shall provide details on a separate
sheet. (See instruction 7b and denitions)
Yes No
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?(See denition 1n)
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?(See denition 1n)
c. Areyouafugitivefromjustice?(See denition 1t)
d. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any
othercontrolledsubstance?Warning: The use or possession of marijuana remains unlawful under
Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational
purposes in the state where you reside.
e. Have you ever been adjudicated as a mental defective OR have you ever been committed to a mental
institution?(See denitions 1o and 1p)
f. Have you been discharged from the Armed Forces under dishonorableconditions?
h. Haveyoueverbeenconvictedinanycourtofamisdemeanorcrimeofdomesticviolence?(See denition 1r)
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? (See denition 1q)
13. Transferee Necessity Statement (Do not complete if the transferee is a government agency) (See instruction 2e)
I, ,haveareasonablenecessitytopossessthemachinegun,short-barreledrie,
short-barreled shotgun, or destructive device described on this application for the following reason(s)
and my possession of the device or weapon would be consistent with public safety (18 U.S.C. § 922(b) (4) and 27 CFR § 478.98).
(Name and Title of Transferee)
TRANSFEREE CERTIFICATION (not completed by a Government Entity)
ThetransfereeistoprovidenoticationoftheproposedacquisitionandpossessionoftherearmdescribedonthisForm5byprovidingacopyofthecompletedformtothe
chieflawenforcementocerintheagencyidentiedbelow:
Agency or Department Name
NameandTitleofOcial
Address (Street address or P.O. Box, City, State and Zip Code) to which sent (mailed or delivered)
Transferee Questions (complete only when transferee is an individual)
12.LawEnforcementNotication(See instruction 2f)
Information for the Chief Law Enforcement Ocer
Thisformprovidesnoticationofthetransferee’sintenttoacquireandpossessaNationalFirearmsAct(NFA)rearm.Noactiononyourpartisrequired.However,should
youhaveinformationthatmaydisqualifythispersonfromacquiringorpossessingarearm,pleasecontacttheNFADivisionat (304) 616-4500 or NFA@atf.gov. A “Yes”
answertoitems14.a.through14.h.or18.d.or18.e.coulddisqualifyapersonfromacquiringorpossessingarearm.Also,ATFwillnotapproveanapplicationifthe
transferorpossessionoftherearmisinviolationofStateorlocallaw.
Yes No
e.AreyouanalienillegallyorunlawfullyintheUnitedStates?
19. If you are an alien, record your U.S.-Issued Alien or Admission number (AR#, USCIS#, or I94#):
f.1.AreyouanalienwhohasbeenadmittedtotheUnitedStatesunderanonimmigrantvisa?
f.2.If“yes”,doyoufallwithinanyoftheexceptionsstatedintheinstructions?Attachthedocumentationtotheapplication
d.HaveyoueverrenouncedyourUnitedStatescitizenship?
N/A
Date of Birth:
Ax a 2” x 2” Photograph here.
No Stapling. Tape Sides of Photo to the
Application.
1. Photo must have been taken within the
last year.
2. Photo must have been taken in full face
view without a hat or head covering that
obscures the hair or hairline.
3. On back of photograph print full name,
last 4 of SSN, and business address.
15. Photograph
American Indian or Alaska Native
Black or African American White
Asian
NativeHawaiianorOtherPacicIslander
17b. Race
United States of America
Other Country/Countries (specify):
18b. State of Birth
18c.Country of Birth
18a. Country of Citizenship: (Check/List more than one, if applicable. Nationals of the United States may check U.S.A.) (See denition 1s)
17a. Ethnicity
Hispanic or Latino
Not Hispanic or Latino
ATF Form 5 (5320.5)
Revised September 2019
20.HaveyoubeenissuedaUniquePersonalIdenticationNumber (UPIN)?(See instructions 2h) If yes please provide
Yes No
ATF Copy 2 - To Be Returned Registrant
Important Information for Currently Registered Firearms
Ifyouarethecurrentregistrantoftherearmdescribedonthisform,pleasenotethefollowinginformation.
Estate Procedures:Forproceduresregardingthetransferofrearmsinanestateresultingfromthedeathoftheregistrantidentiedinitem2a,theexecutorshouldcontact
the NFA Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405.
Change of Address: Unless currently licensed under the Gun Control Act, the registrant shall notify the NFA Division, Bureau of Alcohol, Tobacco, Firearms and Explo-
sives, 244 Needy Road, Martinsburg, WV 25405, in writing, of any change to the address in item 2a.
Change of Description: The registrant shall notify the NFA Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405, in
writing,ofanychangetothedescriptionoftherearm(s)initem4.
Interstate Movement: Iftherearmidentiedinitem4isa machinegun, short-barreled rie, short-barreled shotgun, or destructive device, the registrant may be
required by 18 U.S.C. § 922(a)(4) to obtain permission from ATF prior to any transportation in interstate or foreign commerce. ATF Form 5320.20 can be used to request this
permission.
Restrictions on Possession: Any restriction (see approval block on face of form)onthepossessionoftherearmidentiedinitem4continueswiththefurthertransferof
therearm.
Persons Prohibited from Possessing Firearms:Iftheregistrantbecomesprohibitedfrompossessingarearm,pleasecontacttheNFADivisionforproceduresonhowto
disposeoftherearm.
Proof of Registration:ApersonpossessingarearmregisteredasrequiredbytheNFAshallretainproofofregistrationwhichshallbemadeavailabletoanyATFocer
upon request.
ATF Form 5 (5320.5)
Revised September 2019
Paperwork Reduction Act Notice
This form meets the clearance requirements of the Paperwork Reduction Act of 1995. The information you provide is used to apply the tax-exempt transfer of an
unserviceablerearmtoanyoneotherthanaFederalrearmslicenseewhohaspaidtherequiredspecial(Occupational)taxtodealinNFArearmsandtoorfrom
government agencies. The data is used to ensure legality of transfer under Federal, State and local law. The furnishing of this information is mandatory (26 U.S.C. § 5812).
The estimated average burden associated with this collection of information is 0.5 hours 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Ocer,InformationTechnology
CoordinationSta,BureauofAlcohol,Tobacco,FirearmsandExplosives,Washington,DC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.
Privacy Act Information
The following information is provided pursuant to Section 3 of the Privacy Act of 1974 (5 U.S.C. § 552(e)(3)):
1. Authority. Solicitation of this information is made pursuant to the National Firearms Act (26 U.S.C. § 5812). Disclosure or this information by the applicant is mandatory for any transfer
without payment of transfer tax as provided in 26 U.S.C. § 5852.
2. Purpose. Toverifythattheproposedtransferisexemptfromtransfertax;toverifythatthetransferwouldnotbeinviolationoflaw;andtoeectregistrationoftherearm.
3. Routine Uses. TheinformationwillbeusedbyATFtomakethedeterminationssetforthinparagraph2.Inaddition,toeectregistrationoftherearm,informationastotheidentication
oftherearm,dateofregistration,andtheidenticationandaddressofpersonentitledtopossesstherearmwillbeenteredintotheNationalFirearmsRegistrationandTransferRecord.No
information obtained from an application, registration, or records required to be submitted by an individual in order to comply with any provision of the National Firearms Act or regulation
issued thereunder, shall, except in connection with prosecution or other action for furnishing information, be used, directly or indirectly, as evidence against that person in any criminal
proceedingwithrespecttoaviolationoflawoccurringpriortoorconcurrentlywiththelingoftheapplication.TheinformationfromthisapplicationmayonlybedisclosedtoFederal
authorities for purposes of prosecution for violation of the National Firearms Act.
4. Eects of not Supplying Information Requested. Failure to supply complete information will delay processing and may cause denial of the application.
21.NumberofResponsiblePersons(seedenitions)associatedwiththetransfereetrustorlegalentity
22. Provide the full name (printed or typed) below for each Responsible Person associated with the applicant trust or legal entity (if there are more
Responsible Persons than can be listed on the form, attach a separate sheet listing the additional Responsible Person(s)). Please note that a completed Form 5320.23,
National Firearms Act (NFA) Responsible Person Questionnaire, must be submitted with the Form 5 application for each Responsible Person.
Full Name
Full Name
CERTIFICATION: Under penalties imposed by 18 U.S.C. § 924 and 26 U.S.C. § 5861, I certify that, upon submission of this form to ATF, a completed copy of this form will be directed
to the chief law enforcement ocer (CLEO) shown in item 12, that the statements, as applicable, contained in this certication, and any attached documents in support thereof, are true
and correct to the best of my knowledge and belief. NOTE: See instructions 2.d(2) and 2.d(3) for the items to be completed depending on the type of transferee.
Signature of Transferee
Date
click to sign
signature
click to edit
CLEO Copy
2a. Transferee’s Full Legal Name and Address (Include trade name, if any) (See instruction 2k)
Submit in duplicate to:
2b. County/Parish
ATF Control Number
U.S. Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
Application for Tax Exempt Transfer and
Registration of Firearm
OMB No. 1140-0015 (08/31/2022)
National Firearms Act Division
Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405
1. Type of Transfer: tax exempt
I believe that I am entitled to exemption from
the payment of the Transfer Tax Imposed by
section 5811 (26 U.S.C. Chapter 53) on the
Firearm described herein for the following
reason (See Instruction 2b):
Firearm is unserviceable and is being
transferred as a curio or ornament
Firearm is being transferred to or from
a Government Entity
Firearm is being transferred to a lawful
heir or by operation of law
Other (Specify)
3b. Transferor’s Name and Address (Include trade name, if any) (Executors: see instruction 2k)
3a. If Applicable: Decedent’s Name, Address, and Date of Death
3e. Number, Street, City, State and Zip Code of Residence (or Firearms Business Premises)
IfDierentfromItem3a.
Theabove-namedandundersignedtransferorherebymakesapplicationasrequiredbySection5812oftheNationalFirearmsActtotransferandregistertherearmdescribed
below to the transferee.
4. Description of Firearm (Complete items a through i) (See instruction 2n)
a. Name and Address of Maker, Manufacturer and/or
Importer of Firearm
b. Type of Firearm (See denitions1c)
c. Caliber
or
Gauge
d. Model
5. Applicant’s Federal Firearms License (if any) or Explosives License or Permit Number
(Give complete 15-digit number) (See instruction 2c)
2 digits
2 digits
First 6 digits
5 digits
First 6 digits
2 digits
2 digits
5 digits
7. Transferor’s Federal Firearms License (If any)
h. Additional Description or Data Appearing on Firearm (Attach additional
sheet if necessary)
e. Barrel: f. Overall:
Length
(Inches)
Under Penalties of Perjury, I Declare that I have examined this application, and to the best of my knowledge and belief it is true, correct and complete, and that the transfer
ofthedescribedrearmtothetransfereeandreceiptandpossessionofitbythetransfereearenotprohibitedbytheprovisionsofTitle18,UnitedStatesCode,Chap44;
Title26,UnitedStatesCodeChap53;oranyprovisionsofStateorlocallaw.
9. Signature of Transferor (Or authorized ocial) 10. NameandTitleofAuthorizedOcial (Print or type)
11. Date
ATF Form 5 (5320.5)
Revised September 2019
6. Transferee’s Special (Occupational) Tax Status (If any)
a.EmployerIdenticationNumber
8. Transferor’s Special (Occupational) Tax Status (If any)
b. Class
b. Classa.EmployerIdenticationNumber
The Space Below is for the use of the Bureau of Alcohol, Tobacco, Firearms and Explosives
Approved (With the following conditions, if any)
By Authority of The Director, This Application Has Been Examined, and the Transfer and Registration of the Firearm Described Herein and the Interstate Movement of that
Firearm, When Applicable, to the Transferee are:
Disapproved (For the following reasons)
SignatureofAuthorizedATFOcial
Date
3c. Transferor’s telephone (area code and number)
Internal Control Number
3d. E-mail address
Individual
Trust
Government Entity
Previous Editions Are Obsolete
Other Legal Entity
Corporation
i. HastheFirearmbeenrenderedunserviceableasdenedinDenition1m?
(If “Yes,” describe the method by which the rearm has been
rendered unserviceable. Use additional sheets.)
Yes No
CLEO Copy
14. Answer questions 14.a. through 14.h. Answer questions 16, 17, 18, 19 and 20, if applicable. For any “Yes” answer the transferee shall provide details on a separate
sheet. (See instruction 7b and denitions)
Yes No
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?(See denition 1n)
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?(See denition 1n)
c. Areyouafugitivefromjustice?(See denition 1t)
d. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any
othercontrolledsubstance?Warning: The use or possession of marijuana remains unlawful under
Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational
purposes in the state where you reside.
e. Have you ever been adjudicated as a mental defective OR have you ever been committed to a mental
institution?(See denitions 1o and 1p)
f. Have you been discharged from the Armed Forces under dishonorableconditions?
h. Haveyoueverbeenconvictedinanycourtofamisdemeanorcrimeofdomesticviolence?(See denition 1r)
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? (See denition 1q)
13. Transferee Necessity Statement (Do not complete if the transferee is a government agency) (See instruction 2e)
I, ,haveareasonablenecessitytopossessthemachinegun,short-barreledrie,
short-barreled shotgun, or destructive device described on this application for the following reason(s)
and my possession of the device or weapon would be consistent with public safety (18 U.S.C. § 922(b) (4) and 27 CFR § 478.98).
(Name and Title of Transferee)
TRANSFEREE CERTIFICATION (not completed by a Government Entity)
ThetransfereeistoprovidenoticationoftheproposedacquisitionandpossessionoftherearmdescribedonthisForm5byprovidingacopyofthecompletedformtothe
chieflawenforcementocerintheagencyidentiedbelow:
Agency or Department Name
NameandTitleofOcial
Address (Street address or P.O. Box, City, State and Zip Code) to which sent (mailed or delivered)
Transferee Questions (complete only when transferee is an individual)
12.LawEnforcementNotication(See instruction 2f)
Information for the Chief Law Enforcement Ocer
Thisformprovidesnoticationofthetransferee’sintenttoacquireandpossessaNationalFirearmsAct(NFA)rearm.Noactiononyourpartisrequired.However,should
youhaveinformationthatmaydisqualifythispersonfromacquiringorpossessingarearm,pleasecontacttheNFADivisionat (304) 616-4500 or NFA@atf.gov. A “Yes”
answertoitems14.a.through14.h.or18.d.or18.e.coulddisqualifyapersonfromacquiringorpossessingarearm.Also,ATFwillnotapproveanapplicationifthe
transferorpossessionoftherearmisinviolationofStateorlocallaw.
Yes No
e.AreyouanalienillegallyorunlawfullyintheUnitedStates?
19. If you are an alien, record your U.S.-Issued Alien or Admission number (AR#, USCIS#, or I94#):
f.1.AreyouanalienwhohasbeenadmittedtotheUnitedStatesunderanonimmigrantvisa?
f.2.If“yes”,doyoufallwithinanyoftheexceptionsstatedintheinstructions?Attachthedocumentationtotheapplication
d.HaveyoueverrenouncedyourUnitedStatescitizenship?
N/A
Date of Birth:
Ax a 2” x 2” Photograph here.
No Stapling. Tape Sides of Photo to the
Application.
1. Photo must have been taken within the
last year.
2. Photo must have been taken in full face
view without a hat or head covering that
obscures the hair or hairline.
3. On back of photograph print full name,
last 4 of SSN, and business address.
15. Photograph
American Indian or Alaska Native
Black or African American White
Asian
NativeHawaiianorOtherPacicIslander
17b. Race
United States of America
Other Country/Countries (specify):
18b. State of Birth
18c.Country of Birth
18a. Country of Citizenship: (Check/List more than one, if applicable. Nationals of the United States may check U.S.A.) (See denition 1s)
17a. Ethnicity
Hispanic or Latino
Not Hispanic or Latino
ATF Form 5 (5320.5)
Revised September 2019
20.HaveyoubeenissuedaUniquePersonalIdenticationNumber (UPIN)?(See instructions 2h) If yes please provide
Yes No
Important Information for Currently Registered Firearms
Ifyouarethecurrentregistrantoftherearmdescribedonthisform,pleasenotethefollowinginformation.
Estate Procedures:Forproceduresregardingthetransferofrearmsinanestateresultingfromthedeathoftheregistrantidentiedinitem2a,theexecutorshouldcontact
the NFA Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405.
Change of Address: Unless currently licensed under the Gun Control Act, the registrant shall notify the NFA Division, Bureau of Alcohol, Tobacco, Firearms and Explo-
sives, 244 Needy Road, Martinsburg, WV 25405, in writing, of any change to the address in item 2a.
Change of Description: The registrant shall notify the NFA Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405, in
writing,ofanychangetothedescriptionoftherearm(s)initem4.
Interstate Movement: Iftherearmidentiedinitem4isa machinegun, short-barreled rie, short-barreled shotgun, or destructive device, the registrant may be
required by 18 U.S.C. § 922(a)(4) to obtain permission from ATF prior to any transportation in interstate or foreign commerce. ATF Form 5320.20 can be used to request this
permission.
Restrictions on Possession: Any restriction (see approval block on face of form)onthepossessionoftherearmidentiedinitem4continueswiththefurthertransferof
therearm.
Persons Prohibited from Possessing Firearms:Iftheregistrantbecomesprohibitedfrompossessingarearm,pleasecontacttheNFADivisionforproceduresonhowto
disposeoftherearm.
Proof of Registration:ApersonpossessingarearmregisteredasrequiredbytheNFAshallretainproofofregistrationwhichshallbemadeavailabletoanyATFocer
upon request.
ATF Form 5 (5320.5)
Revised September 2019
Paperwork Reduction Act Notice
This form meets the clearance requirements of the Paperwork Reduction Act of 1995. The information you provide is used to apply the tax-exempt transfer of an
unserviceablerearmtoanyoneotherthanaFederalrearmslicenseewhohaspaidtherequiredspecial(Occupational)taxtodealinNFArearmsandtoorfrom
government agencies. The data is used to ensure legality of transfer under Federal, State and local law. The furnishing of this information is mandatory (26 U.S.C. § 5812).
The estimated average burden associated with this collection of information is 0.5 hours 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Ocer,InformationTechnology
CoordinationSta,BureauofAlcohol,Tobacco,FirearmsandExplosives,Washington,DC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.
Privacy Act Information
The following information is provided pursuant to Section 3 of the Privacy Act of 1974 (5 U.S.C. § 552(e)(3)):
1. Authority. Solicitation of this information is made pursuant to the National Firearms Act (26 U.S.C. § 5812). Disclosure or this information by the applicant is mandatory for any transfer
without payment of transfer tax as provided in 26 U.S.C. § 5852.
2. Purpose. Toverifythattheproposedtransferisexemptfromtransfertax;toverifythatthetransferwouldnotbeinviolationoflaw;andtoeectregistrationoftherearm.
3. Routine Uses. TheinformationwillbeusedbyATFtomakethedeterminationssetforthinparagraph2.Inaddition,toeectregistrationoftherearm,informationastotheidentication
oftherearm,dateofregistration,andtheidenticationandaddressofpersonentitledtopossesstherearmwillbeenteredintotheNationalFirearmsRegistrationandTransferRecord.No
information obtained from an application, registration, or records required to be submitted by an individual in order to comply with any provision of the National Firearms Act or regulation
issued thereunder, shall, except in connection with prosecution or other action for furnishing information, be used, directly or indirectly, as evidence against that person in any criminal
proceedingwithrespecttoaviolationoflawoccurringpriortoorconcurrentlywiththelingoftheapplication.TheinformationfromthisapplicationmayonlybedisclosedtoFederal
authorities for purposes of prosecution for violation of the National Firearms Act.
4. Eects of not Supplying Information Requested. Failure to supply complete information will delay processing and may cause denial of the application.
21.NumberofResponsiblePersons(seedenitions)associatedwiththetransfereetrustorlegalentity
22. Provide the full name (printed or typed) below for each Responsible Person associated with the applicant trust or legal entity (if there are more
Responsible Persons than can be listed on the form, attach a separate sheet listing the additional Responsible Person(s)). Please note that a completed Form 5320.23,
National Firearms Act (NFA) Responsible Person Questionnaire, must be submitted with the Form 5 application for each Responsible Person.
Full Name
Full Name
CERTIFICATION: Under penalties imposed by 18 U.S.C. § 924 and 26 U.S.C. § 5861, I certify that, upon submission of this form to ATF, a completed copy of this form will be directed
to the chief law enforcement ocer (CLEO) shown in item 12, that the statements, as applicable, contained in this certication, and any attached documents in support thereof, are true
and correct to the best of my knowledge and belief. NOTE: See instructions 2.d(2) and 2.d(3) for the items to be completed depending on the type of transferee.
Signature of Transferee
Date
CLEO Copy
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Application for Tax Exempt Transfer and Registration of (Bureau of Alcohol, Tobacco, Firearms, and Explosives)

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Completed 19 July 2020

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