1. 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.
2. 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.
3. Person. A partnership, company, association, trust, corporation, including each responsible person associated with such an entity; an estate; or an individual.
4. 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 rearm for, or on behalf of, the trust or legal entity.
Trust: 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 other
wise dispose of a rearm for, or on behalf of the trust. Examples of who may be considered a responsible person include settlors/grantors, trustees, partners, members,
ocers, directors, board members, or owners. An example of who may be excluded from this denition of responsible person is the beneciary of a trust, if the
beneciary does not have the capability to exercise the enumerated powers or authorities.
5. Firearm. (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 modied has an overall length
of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rie having a barrel or barrels of less than 16 inches in length; (4) a weapon made from
a rie if such weapon as modied 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 dened in
26 U.S.C. § 5845(e); (6) a machinegun; (7) any silencer (as dened in 18 U.S.C. § 921) and (8) a destructive device.
6. Maker. The person (applicant) applying to make and register the rearm.
7. Transferee. The person acquiring the rearm.
8. Prohibited Person. Generally, 18 U.S.C. § 922(g) prohibits the shipment, transportation, receipt, or possession in or aecting interstate commerce of a rearm by one
who 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 aecting 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 veried 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 had their civil rights (the
right to vote, sit on a jury and hold public oce) taken away and later restored AND (2) the person is not prohibited by the law of the jursidiction where the conviction
occurred from receiving or possessing rearms. Person subject to this exception should mark “no” in the applicable box.
9. 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 aairs. 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.
10. 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 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 commit
ment 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 adjudica
tion/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.
11. Restraining Order. Under 18 U.S.C § 922 rearms may not be sold to or received by person 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 the physical safety of such intimate partner or child, or (ii) by its terms explicitly prohibits
the use, attempted use, or threatended 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 5320. 23
Revised September 2019