Instruction (Continued)
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 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 commitment if either: (a)
the person’s adjudication 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, supervision, or monitoring by the
agency; (c) the person was found by the agency to no longer suer 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 qualied 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 responsibility, 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.
r. Misdemeanor Crime of Domestic Violence. A Federal, State, local, tribal
oense that is a misdemeanor under 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
cohabited 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 oense is committed by one of the dened parties. (See
Exception in the denition 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; or (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 11.d.1 and provide the additional documentation required
under question 11.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 11.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
Aairs, which is valid and unexpired; (2) was admitted to the United States
for lawful hunting or sporting purposes; (3) is an ocial 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 ocial representative of a
foreign government who is en route to or from another country to which
that alien is accredited; (5) is an ocial 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 ocer of a friendly
foreign government entering the United States on ocial 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 and Payment of Tax.
a. Authority. As provided by 26 U.S.C. § 5822, any person (other than a
qualied manufacturer of rearms (see paragraph b)) seeking to make a
rearm must submit, in duplicate, a separate application on this form
for each rearm. The applicant maker 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 2g and item 10 of the form.
b. Registration by Qualied Manufacturer. A person who has a Federal
rearms license to manufacture rearms (Type 07 or 10) and who has paid
special (occupational) tax to manufacture NFA rearms is exempt from the
making tax and ling of the ATF Form 1 application. Such qualied manu
facturer must report and register each NFA rearm manufactured by ling
ATF Form 2, Notice of Firearms Manufactured or Imported, as required by
27 CFR § 479.103.
c. Payment of/Exemption from Payment of Tax. As provided in 26 U.S.C.
§ 5821, there is a $200.00 tax on each rearm made, except as provided in
26 U.S.C. §§ 5852 and 5853, when an NFA rearm may be made without
payment of the tax when made by, or on behalf of the United States or any
State or political subdivision thereof. Documentation that the rearm is
being made for a government entity, such as a United States government
contract or a State or local government agency purchase order, must
accompany the application. The reactivation of a registered unserviceable
rearm is subject to the making tax.
d. Completion of Form (Note: If the applicant is a Federal rearms
licensee except for a Type 03 license, items 10, 11, 12, 13, 14, 15, 16, and
17 are not required to be completed.)
(1) The applicant shall provide the applicant’s full legal name to
include middle and mailing address in item 3b. If a post oce box
address is used, the physical address shall be entered in item 3c.
If the applicant 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 ocials). 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 oce, in the case of a corporation).
(2) If the applicant is an individual, the entire Form 1 shall be completed
except for items 18 and 19. In addition, the applicant must include
his or her ngerprints on FBI Form FD-258 and his or her photographs
(see instruction 2g).
ATF Form 1 (5320.1)
Revised September 2019