OMB No. 1140-0015 (10/31/2026) U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives Application for Tax Exempt Transfer and Registration of Firearm ATF Control Number Internal Control Number National Firearms Act Division Submit in duplicate to: National Service Center, Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405 1. Type of Transfer: Tax Exempt 2a. Transferee’s Full Legal Name and Full Address (Include trade name, if any) (See instruction 2.K) 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 2.B) Firearm is unserviceable and is being transferred as a curio or ornament Other Legal Entity Corporation Firearm is being transferred to or from 2b. County/Parish a Government Entity Individual Trust Government Entity Firearm is being transferred to a lawful 3a. If Applicable: Decedent’s Name, Address, and Date of Death heir or by operation of law Other (Specify) 3b. Transferor’s Name and Full Address (Include trade name, if any) (Executors: see instruction 2.K) 3e. Number, Street, City, State and ZIP Code of Residence (Or firearms business premises) 3c. Transferor’s Telephone(area code and number) 3d. E-Mail address If Different 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 firearm described below to the transferee. 4. Description of Firearm (Complete items a through i) (See instruction 2.N) d. Model a. Name and Full Address of Maker, Manufacturer and/or b. Type of Firearm (See definitions 1.C) c. Caliber Importer of Firearm or Length e. Barrel: f. Overall: Gauge (Inches) g. Serial Number h. Additional Description or Data Appearing on Firearm (Attach additional i. Has the Firearm been Rendered Unserviceable as Defined in Definition 1.M? sheet if necessary) (If “Yes”, describe the method by which the firearm has been Yes No rendered unserviceable. Use additional sheets.) 5. Applicant’s Federal Firearms License (if any) or Explosives License or Permit Number 6. Transferee’s Special (Occupational) Tax Status (If any) (Give complete 15-digit number) (See instruction 2.C) a. Employer Identification Number b. Class First 6 digits 2 digits 2 digits 5 digits 8. Transferor’s Special (Occupational) Tax Status (If any) 7. Transferor’s Federal Firearms License (If any) a. Employer Identification Number b. Class First 6 digits 2 digits 2 digits 5 digits 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 firearm 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 official) 10. Name and Title of Authorized Official (Print or type) 11. Date The Space Below is for the use of the Bureau of Alcohol, Tobacco, Firearms and Explosives 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: Approved (With the following conditions, if any) Disapproved (For the following reasons) Signature of Authorized ATF Official Date Previous Editions Are Obsolete ATF Form 5 (5320.5) ATF Copy Revised October 2023 |
TRANSFEREE CERTIFICATION (not completed by a Government Entity) 12. Law Enforcement Notification (See instruction 2.F) The transferee is to provide notification of the proposed acquisition and possession of the firearm described on this Form 5 by providing a copy of the completed form to the Chief Law Enforcement Officer in the agency identified below: Agency or Department Name Name and Title of Official Full Address (Street address or P.O. Box, City, State and ZIP Code) to Which Sent (Mailed or delivered) Information for the Chief Law Enforcement Officer This form provides notification of the transferee’s intent to acquire and possess a National Firearms Act (NFA) firearm. No action on your part is required. However, should you have information that may disqualify this person from acquiring or possessing a firearm, please contact the NFA Division at (304) 616-4500 or NFA@atf.gov. 13. Transferee Necessity Statement (Do not complete if the transferee is a government agency) (See instruction 2.E) I, , have a reasonable necessity to possess the machinegun, short-barreled rifle, (Name and Title of Transferee) 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). Transferee Questions (complete only when transferee is an individual) 14. Answer questions 14.a. through 14.m. Answer questions 16-20, if applicable. For any “Yes” answer the transferee shall provide details on a separate sheet. (See instruction 7.B and definitions) Yes No a. Do you intend to make any firearm listed on this form for sale or other disposition to any person described in questions 14.c. through 14.l. or a person described in question 14.m. who does not fall under an exception? b. Do you intend to sell or otherwise dispose of any firearm listed on this form in furtherance of any felony or other offense punishable by imprisonment for a term of more than one year, a Federal crime of terrorism, or a 15. Photograph drug trafficking offense? c. 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 definition 1.N) Affix a 2” x 2” Photograph here. d. Have you ever been convicted in any court for a felony, or any other crime, for which the judge could have imprisoned No Stapling. Tape Sides of Photo to the you for more than one year, even if you received a shorter sentence including probation? (See definition 1.N) Application. e. Are you a fugitive from justice? (See definition 1.T) 1. Photo must have been taken within the f. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any last year. 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 2. Photo must have been taken in full face purposes in the state where you reside. view without a hat or head covering that g. On or after the age of 16, have you ever been adjudicated as a mental defective OR have you ever been obscures the hair or hairline. committed to a mental institution? (See definition 1.O and 1.P) 3. On back of photograph print full name, h. Have you been discharged from the Armed Forces under dishonorable conditions? last 4 of Social Security Number (SSN). i. 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 definition 1.Q) j. Have you ever been convicted in any court of a misdemeanor crime of domestic violence? (See definition 1.R) k. Have you ever renounced your United States citizenship? l. Are you an alien illegally or unlawfully in the United States? m.1. Are you an alien who has been admitted to the United States under a nonimmigrant visa? m.2. If “YES”, do you fall within any of the exceptions stated in the instructions? Attach the documentation to the application N/A 16. If you are an alien, record your U.S.-Issued Alien or Admission number (AR#, USCIS#, or I94#): 17. Have you been issued a Unique Personal Identification Number (UPIN)? (See instructions 2.H) Yes No If yes, please provide 18. Social Security Number: (SSN) (See Instructions 2.H) Date of Birth: 19a. Ethnicity Hispanic or Latino 19b. Race American Indian or Alaska Native Black or African American White Not Hispanic or Latino Asian Native Hawaiian or Other Pacific Islander 20a. Country of Citizenship: (Check/List more than one, if applicable. Nationals of the United States may check U.S.A.) (See definition 1.S) United States of America Other Country/Countries (Specify): ATF Form 5 (5320.5) ATF Copy Revised October 2023 |
20b. State of Birth 20c.Country of Birth 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 Officer (CLEO) shown in item 12, that the statements, as applicable, contained in this certification, 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 21. Number of Responsible Persons (See definitions) 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 Important Information for Currently Registered Firearms If you are the current registrant of the firearm described on this form, please note the following information. Please email NFAFAX@ATF.GOV or call 304-616-4500 for assistance with any of the actions within this section. Estate Procedures: For procedures regarding the transfer of firearms in an estate resulting from the death of the registrant identified in item 2a, the executor should contact the NFA Division, National Service Center, Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405 or contact via email at NFAFAX@ATF.GOV or call 304-616-4500 for additional assistance. Change of Address: Unless currently licensed under the Gun Control Act, the registrant shall notify the NFA Division, National Service Center, 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, National Service Center, Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405, in writing, of any change to the description of the firearm(s) in item 4. Interstate Movement: If the firearm identified in item 4 is a machinegun, short-barreled rifle, 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 firearm identified in item 4 continues with the further transfer of the firearm. Persons Prohibited from Possessing Firearms: If the registrant becomes prohibited from possessing a firearm, please contact the NFA Division for procedures on how to dispose of the firearm. Proof of Registration: A person possessing a firearm registered as required by the NFA shall retain proof of registration which shall be made available to any ATF Officer upon request. ATF Form 5 (5320.5) ATF Copy Revised October 2023 |
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 firearm to anyone other than a Federal firearms licensee who has paid the required Special (Occupational) Tax to deal in NFA firearms 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 Officer, Information Technology Coordination Staff, 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 Office of Management and Budget (OMB) control number. Privacy Act Information The following information is provided pursuant to Section 3 and 7(b)a 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 effect registration of the firearm. 3. Routine Uses. The information will be used by ATF to make the determinations set forth in paragraph 2. In addition, to effect registration of the firearm, information as to the identification of the firearm, date of registration, and the identification and address of person entitled to possess the firearm 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 filing 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. Effects of not Supplying Information Requested. Failure to supply complete information will delay processing and may cause denial of the application. Definitions/Instructions 1. Definitions g. Special (Occupational) Tax. Required by the NFA to be paid by a Federal firearms licensee engaged in the business of manufacturing a. National Firearms Act (NFA). Title 26, United States Code, Chapter (Class 2), importing (Class 1), or dealing (Class 3) in NFA firearms. 53. The implementing regulations are found in Title 27, Code of Federal Regulations, Part 479. h. Federal Firearms License. A license issued under the provisions of the GCA to manufacture, import or deal in firearms. b. Gun Control Act (GCA). Title 18, United States Code, Chapter 44. The implementing regulations are found in Title 27, Code of Federal i. ATF Officer. An officer or employee of the Bureau of Alcohol, Regulations, Part 478. Tobacco, Firearms and Explosives (ATF) authorized to perform any function relating to the administration of the NFA. c. Firearm. The term “firearm” means: (1) a shotgun having a barrel or j. Transfer. Selling, assigning, pledging, leasing, loaning, giving away, or barrels of less than 18 inches in length; (2) a weapon made from a otherwise disposing of a firearm. shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rifle k. Transferor. The person selling or otherwise disposing of a firearm; having a barrel or barrels of less than 16 inches in length; (4) a weapon including applying to transfer a firearm. made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length; (5) l. Transferee. The person acquiring the firearm. any other weapon as defined in 26 U.S.C. § 5845(e); (6) a machinegun; (7) a muffler or silencer for any firearm whether or not such firearm is m. Unserviceable Firearm. One which is incapable of discharging a shot included within this definition; and (8) a destructive device. by means of an explosive and incapable of being readily restored to firing condition. An acceptable method of rendering most firearms d. Person. A partnership, company, association, trust, corporation, including unserviceable is to fusion weld the chamber closed and fusion weld the each Responsible Person associated with such an entity; including each barrel solidly to the frame. Responsible Person associated with such an entity; an estate; or an individual. n. Prohibited Person. Generally, 18 U.S.C. § 922 (g) prohibits the shipment, Section A transportation, receipt, or possession in or affecting interstate commerce e. Responsible Person. In case of an unlicensed entity, including any trust, of a firearm by one who: has been convicted of a misdemeanor crime partnership, association, company (including any Limited Liability Company of domestic violence; has been convicted of a felony, or any other crime, (LLC)), or corporation, any individual who possesses, directly, or indirectly, punishable by imprisonment for a term exceeding one year (this does not the power or authority to direct the management and policies of the trust include State misdemeanors punishable by imprisonment of two years or or entity to receive, possess, ship, transport, deliver, transfer or otherwise less); is a fugitive from justice; is an unlawful user of, or addicted to, dispose of a firearm for, or on behalf of, the trust or legal entity. marijuana or any depressant, stimulant, or narcotic drug, or any other controlled substance; has been adjudicated as a mental defective or has been Section B committed to a mental institution; has been discharged from the Armed Trust: Those persons with the power or authority to direct the management Forces under dishonorable conditions; has renounced his or her U.S. and policies of the trust includes any person who has the capability to exercise citizenship; is an alien illegally in the United States or an alien admitted to such power and possesses, directly or indirectly, the power or authority under the United States under a nonimmigrant visa; or is subject to certain any trust instrument, or under State law, to receive, possess, ship, transport, restraining orders. Furthermore, Section 922(n) prohibits the shipment, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of the trust. transportation, or receipt in or affecting interstate commerce of a firearm Examples of who may be considered a Responsible Person include by one who is under indictment or information for a felony in any Federal, settlors/grantors, trustees, partners, members, officers, directors, board members, State or local court, or any other crime, punishable by imprisonment for a or owners. An example of who may be excluded from this definition of term exceeding one year. An information is a formal accusation of a crime Responsible Person is the beneficiary of a trust, if the beneficiary does not have verified by a prosecutor. the capability to exercise the enumerated powers or authorities. f. Employer Identification Number (EIN). Required of taxpayer filing Special (Occupational) Tax returns under 27 CFR § 479.35. ATF Form 5 (5320.5) ATF Copy Revised October 2023 |
EXCEPTION: A person who has been convicted of a felony, or any other victim as a spouse, parent, or guardian, or by a person similarly situated to crime, for which the judge could have imprisoned the person for more than one a spouse, parent, or guardian of the victim, or by a person who has a year, or who has been convicted of a misdemeanor crime of domestic violence, current or recent former dating relationship with the victim (as defined in is not prohibited from purchasing, receiving, or possessing a firearm if: (1) 18 U.S.C. § 921(a)(37)). The term includes all misdemeanors that have as under the law of the jurisdiction where the conviction occurred, the person has an element the use or attempted use of physical force or the threatened use been pardoned, the conviction has been expunged or set aside, or the person of a deadly weapon (e.g., assault and battery), if the offense is has had their civil rights(the right to vote, sit on a jury, and hold public office) committed by one of the defined parties. (See Exception in the definition taken away and later restored AND (2) the person is not prohibited by the law of “Prohibited Person”) . A person who has been convicted of a of the jurisdiction where the conviction occurred from receiving or possessing misdemeanor crime of domestic violence also is not prohibited unless: (1) firearms. Persons subject to this exception should mark “no” in the applicable the person was represented by a lawyer or gave up the right to a lawyer; box. (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 o. Adjudicated as a Mental Defective. A determination by a court, board, the applicable box. commission, or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or s. Alien Admitted to the United States Under a Nonimmigrant Visa. An disease: (1) is a danger to himself or to others; or (2) lacks the mental alien admitted to the United States under a nonimmigrant visa includes, capacity to contract or manage his own affairs. This term shall include: among others, persons visiting the United States temporarily for business (1) a finding of insanity by a court in a criminal case; and (2) those persons or pleasure, persons studying in the United States who maintain a found incompetent to stand trial or found not guilty by reason of lack of residence abroad, and certain temporary foreign workers. These aliens mental responsibility. must answer “YES” to question 18.d.1 and provide the additional documentation required under question 18.d.2. Permanent resident aliens p. Committed to a Mental Institution. A formal commitment of a person to and aliens legally admitted to the United States pursuant to either the Visa a mental institution by a court, board, commission, or other lawful authority. Waiver Program or to regulations otherwise exempting them from visa The term includes a commitment to a mental institution involuntarily. The requirements may answer “NO” to this question and are not required to term includes commitment for mental defectiveness or mental illness. It submit the additional documentation under 18.d.2. An alien admitted to the also includes commitments for other reasons, such as for drug use. The United States under a nonimmigrant visa is not prohibited from purchasing, term does not include a person in a mental institution for observation or a receiving, or possessing a firearm if the alien: (1) is in possession of a voluntary admission to a mental institution. hunting license or permit lawfully issued by the Federal Government, a State, or local government, or an Indian tribe federally recognized by the EXCEPTION NICS Improvement Amendments Act of 2007: A person who Bureau of Indian Affairs, which is valid and unexpired; (2) was has been adjudicated as a mental defective or committed to a mental admitted to the United States for lawful hunting or sporting purposes; (3) institution in a State proceeding is not prohibited by the adjudication or is an official representative of a foreign government who is accredited to commitment if the person has been granted relief by the adjudicating/ the United States Government or the Government’s mission to an committing State pursuant to a qualifying mental health relief from international organization having its headquarters in the United States; disabilities program. Also, a person who has been adjudicated as a mental (4) is an official representative of a foreign government who is en route to defective or committed to a mental institution by a department or agency of or from another country to which that alien is accredited; (5) is an official the Federal Government is not prohibited by the adjudication or commitmemt if of a foreign government or a distinguished foreign visitor who has been either (a) the person’s adjudication or commitment was set-aside or expunged so designated by the Department of State; (6) is a foreign law enforcement by the adjudicating/committing agency; (b) the person has been fully released officer of a friendly foreign government entering the United States on or discharged from all mandatory treatment, supervision, or monitoring by the official law enforcement business; (7) has received a waiver from the agency; (c) the person was found by the agency to no longer suffer from the prohibition from the Attorney General of the United States. mental health condition that served as the basis of the initial adjudication/ commitment; or (d) the adjudication or commitment, respectively, is based t. Fugitives from Justice. Any person who has fled from any State to avoid solely on a medical finding of disability, without an opportunity for a hearing prosecution for a felony or a misdemeanor, or any person who leaves the by a court, board, commission, or other lawful authority, and the person has not State to avoid giving testimony in any criminal proceeding. The term also been adjudicated as a mental defective consistent with section 922(g)(4) of title includes any person who knows that misdemeanor or felony charges are 18, United States code; or (e) the person was granted relief from the pending against such person and who leaves the State of prosecution. adjudicating/committing agency pursuant to a qualified mental health relief from disabilities program. Persons who fall within one of the above 2. Preparation of Application exceptions should mark “NO” in the applicable box. This exception to an adjudication or commitment by a Federal department or agency does not apply a. Authority. As provided by 26 U.S.C. §§§ 5812, 5852, and 5853, any to any person who was adjudicated to be not guilty by reason of insanity, or person seeking to transfer a firearm exempt from payment of tax must based on a lack of mental responsibility, or found incompetent to stand trial, in submit, in duplicate, a separate application on this form for each firearm. any criminal case or under the Uniform Code of Military Justice. 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 q. Restraining Order. Under 18 U.S.C. § 922, firearms may not be sold contains a 3rd (CLEO) copy of the form for use in compliance with to or received by persons subject to a court order: (A) was issued after a instruction 2.F and item 12 of the form. hearing which the person received actural notice of and had an opportunity to participate in; (B) restrains such person from harassing, b. Exemptions from Transfer Tax. A registered firearm may be transferred stalking, or threatening an intimate partner or child of such intimate partner without payment of the transfer tax if: 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 (1) it is unserviceable; (See definition 1.M) a finding 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 (2) it is being transferred to or from the United States, or any use, attempted use, or threatened use of physical force against such intimate department, independent establishment or agency thereof; partner or child that would reasonablebe expected to cause bodily injury. An “intimate partner” of a person is: the spouse or former spouse of the person, (3) it is being transferred to or from any State or possession of the the parent of a child of the person, or an individual who cohabitates or has United States or any political subdivision thereof, or any official cohabitated with the person. police organization of such government entity; or (4) it is being transferred to a beneficiary of an estate. r. Misdemeanor Crime of Domestic Violence: A Federal, State, local, tribal offense that is a misdemeanor under the Federal, State, tribal or 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 ATF Form 5 (5320.5) Revised October 2023 |
c. Federal Firearms Licensees. If the transferor or transferee is a Federal e. Transferee Necessity Statement. Item 13 must be completed by the Firearms licensee (FFL) under the GCA, the licensee’s complete name, transferee if: 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 (1) the firearm to be transferred is a machinegun, short-barreled rifle, entered in items 5 and 7 of the form and, if the licensee is a Special short-barreled shotgun, or destructive device; (Occuptational) Taxpayer under the NFA, the licensee’s Employer Identification Number (EIN) shall be entered in items 6 and 8 of the form, (2) the transferor is licensed under the GCA to deal in such device or along with the class of special tax paid. firearm; and IMPORTANT NOTE: The business structure of the licensee shall be described (3) the transferee is not licensed under the GCA to deal in such device consistently. For example, if the transferor is a sole proprietor, item 3a shall or firearm. reflect the FFL information for the sole proprietor business and item 7 shall reflect the FFL number for that sole proprietor business. Item 8 will reflect f. Law Enforcement Notification. The transferee must provide a copy of the EIN for the sole proprietor business. If the special tax is paid as a the Form 5 to the Chief Law Enforcement Officer (CLEO) who has corporation, then it is not valid for the transaction. Similarly, a corporation jurisdiction over the area of the transferee’s address shown in item 2a of name shown in item 3a with the FFL number and EIN of a sole proprietor will the Form 5. In addition, if the transferee is other than an individual, a copy not be valid for the transaction. of the Form 5320.23, National Firearms Act (NFA) Responsible Person Questionnaire, completed by each Responsible Person must be provided to d. Completion of Form. their respective Chief Law Enforcement Officer. The Chief Law Enforcement Officer is considered to be the Chief of Police; the Sheriff; the (1) The transferor shall provide the transferee’s full legal name to include Head of the State Police; or a State or local district attorney or prosecutor. middle and physical address (no Post office box) in item 2a. If the transferee is a trust or legal entity, show only the complete name of g. Photographs and Fingerprints. An individual transferee, or the trust or legal entity and do not include any individual names (such Responsible Persons of a legal entity transferee must (1) attach to item 15 as names of trustees or corporate officials). The address shall be the of the ATF Form 5, a 2 inch x 2inch photograph of the frontal view of the location within the particular State where the firearm will be maintained transferee taken within 1 year prior to the date of the application and (2) for a trust or legal entity. In the case of two or more locations for a submit two properly completed FBI Forms FD-258 (Finerprint Card with legal entity, the address shown shall be the principal place of business blue lines) with the application. The fingerprints must be clear for accurate within the particular State (or principal office, in the case of a corporation). classification and taken by someone properly equipped to take them. (2) If the transferee is an individual, the entire Form 5 shall be completed NOTE: Each Responsible Person of an entity licesned under the Gun Control except for items 21 and 22. In addition, the transferee must include Act (GCA) that does not pay the Special (Occupational) Tax (SOT) must his or her fingerprints on FBI Form FD-258 and his or her photos (see submit fingerprints and photographs with the application as instructed in instruction 2.G). the above paragraph 27 CFR § 479.85(b)(2)(iii)(iv). (3) If the applicant meets the definition of a Responsible Person for a legal h. SSN and UPIN. The Social Security Number and UPIN are not required. entity (See definition 1.E). See 2.d.5. for Responsible Person However, this informatin assists with the efficient completion of the NICS Requirements. Individual must complete items 14-20 and sign the background check. Please be aware that refusal to provide this informatin Certification Statement. may result in a delay in the NICS background check process. (4) Documentation of entity existence: 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 a. If the transferee is other than an individual, the transferee must has been granted a Digital/Electronic signature may be used. attach documentation evidencing the existence and validity of the trust or legal entity, which includes complete and unredacted (1) if the applicant is an individual, the applicant shall sign the form; copies of partnership agreements, articles of incorporation, corporate registration, declarations of trust with any trust schedules, (2) if the applicant is the estate of a decedent or the firearm is being attachments, exhibits, and enclosures. 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 b. If the transferee entity has had an application approved as a maker transfer, the person appointed to dispose of the property shall sign the or transferee within the preceding 24 months of the date of filing form; this application, and there has been no change to the documentation evidencing the existence and validity of the entity (3) if the applicant is a trust or legal entity, a Responsible Person of the trust previously provided, the trust or legal entity may provide a or legal entity shall sign the form; certification that the information has not been changed since the prior approval and shall identify the application for which the (4) if the applicant is a Federal firearms licensee, a Responsible Person of the documentation had been submitted form number, serial number, and Federal firearms licensee must sign the form; or date approved. (5) if the applicant is a government entity, a person who has authority to sign NOTE: An entity licensed under the Gun Act (GCA) that does not pay the Special for the entity shall sign the form. (Occupational) Tax (SOT) must submit documentation of entity existence as required in the above paragraph 27 CFR § 479.85(b)(2)(i). j. Photocopies, Computer Generated Versions, or Downloaded Version. The form may be copied or downloaded (for example, from the (5) If the transferee is other than an individual, each Responsible Person ATF website (www.atf.gov)). The form does not have to be printed front of the trust or legal entity (see definition1e) must include a completed to back. ATF Form 5320.23, National Firearms Act (NFA) Responsible Person Questionnaire, with the submitted Form 5. k. Estates, Trusts, and Other Transfers by Operation of Law. When a firearm is being transferred from an estate by bequest or interstate succession (see Note: Each Responsible Person of an entity licensed under the Gun 27 CFR § 479.90a) , or by other operation of law to a beneficiary or other Control Act (GCA) that does not pay the Special (Occupational) authorized recipient, ATF Form 5 is used to effect the transfer. The Tax (SOT) must submit ATF Form 5320.23 with the application as executor, trustee, or other person ppointed to dispose of property shall instructed in the above paragraph 27 CFR § 479.85(b)(2)(ii). provide documentation of the legal status of the person entitled to receive property, and shall identify that person in item 2a. (6) Item 4g (serial number) is obscured on the CLEO copy. This field does In the case of an estate, item 3e shall be completed to reflect the decedent’s not require completion on the CLEO copy. ATF Form 5 (5320.5) Revised October 2023 |
information. If the transfer is to someone other than to a person identified 7. Reasons for Disapproval. 26 U.S.C. § 5812 provides that applications shall under operation of law, the transfer is subject to transfer tax and ATF Form 4 be denied if the transfer, receipt, or possession of the firearm would place the shall be used. transferee in violation of law. l. Submission. The transferor shall submit 2 forms (ATF Copy 1 and Copy 2 a. Violation of Law. Applications shall be denied if the receipt or possession (Registrant)) to the NFA Division at the address on the face of the form. All of the firearm would place the person receiving or possessing the firearm items on the form are to be completed except as noted in the instructions and in violation of law. any attachment included with the submission. The applicant shall direct the 3rd copy (CLEO) complete copy of the form to the Chief Law Enforcement b. Persons Prohibited from Receiving a Firearm. The application will be Officer as provided in instruction 2.F and item 12. disapproved if the transferee is a person prohibited from receiving a firearm. For information regarding persons prohibited from receiving a m. Submission by Facsimile Transmission. ATF Form 5 may also be firearm, refer to definitions 1n through 1s. submitted (in situations where the application is not accompanied by fingerprints and photographs) for approval by facsimile transmission to 8. Status Inquiries and Questions. Information relating to the NFA and other (304) 616-4501 provided that the transferor has filed an affidavit with firearms laws is available at the ATF Internet website at www.atf.gov. Any the NFA Division as provided by ATF Industry Circular 89-6. inquiry relating to the status of an application to transfer NFA an firearm or about procedures in general should be directed to the NFA Division at (304) 616-4500 or electronically to NFAFAX@ATF.GOV. Please be aware that any n. Description of Firearm and Markings. (1) Item 4a. please provide dissemination by ATF of information relating to the application to register an the name and address of the maker, manufacturer or importer of the NFA firearm must conform with the restrictions in 26 U.S.C. § 6103. firearm. If there are additional makers, manufacturers, or importers, include this information in item 4h or on a separate sheet of paper. (2) Item 4b 9. Penalties. Any person who violates or fails to comply with any of the the types of NFA firearm are listed in definition 1.C. (3) Item 4c. specify requirements of the NFA shall, upon conviction, be fined not more than one caliber or gauge. If there are additional calibers associated with the $10,000 or be imprisoned for not more than 10 years, or both. Any firearm description of the firearm, include this information in item 4h or on a involved in a violation of the NFA shall be subject to seizure and forfeiture. separate piece of paper. (4) Item 4d. show the model designation (if It is unlawful for any person to make or cause the making of a false entry on any). (5) Item 4e. and 4f. specify the barrel and overall lengths as any application or record required by the NFA knowing such entry to be applicable. If there are additional barrel and overall lengths associated false. with the description of the firearm, include this information in item 4h or on a separate sheet of paper. (6) Item 4g. (a) enter the serial number of 10. Compliance with the Gun Control Act. Persons must also comply with all the firearm. (b) When more than one firearm of the same description is relevant portions of the GCA. 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 firearm 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 differences between the description of the firearm on the form in comparison to the physical description of the firearm or in the markings on the firearm, including the serial number, contact the NFA Division in regard to these differences. (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 firearm, 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 firearm to the transferee. Since the approval of the application effectuates registration of the firearm to the transferee, the physical transfer of the firearm must be completed immediately; however, the transferor must not transfer the firearm until the application has been approved and received. If the physical transfer of the firearm cannot be completed immediately, the transferor must contact the NFA Branch with the specifics. 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; or submit it request electronically via NFAFAX@ATF.GOV. 5. Cancellation of Approved Application. The transferor may void an approved application only if the physical transfer of the firearm 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 or electronically to NFAFAX@ATF.GOV for cancellation, citing the need and that the physical transfer of the firearm 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. ATF Form 5 (5320.5) Revised October 2023 |
OMB No. 1140-0015 (10/31/2026) U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives Application for Tax Exempt Transfer and Registration of Firearm ATF Control Number Internal Control Number National Firearms Act Division Submit in duplicate to: National Service Center, Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405 1. Type of Transfer: Tax Exempt 2a. Transferee’s Full Legal Name and Full Address (Include trade name, if any) (See instruction 2.K) 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 2.B) Firearm is unserviceable and is being transferred as a curio or ornament Other Legal Entity Corporation 2b. County/Parish Firearm is being transferred to or from a Government Entity Individual Trust Government Entity Firearm is being transferred to a lawful 3a. If Applicable: Decedent’s Name, Address, and Date of Death heir or by operation of law Other (Specify) 3b. Transferor’s Name and Full Address (Include trade name, if any) (Executors: see instruction 2.K) 3e. Number, Street, City, State and ZIP Code of Residence (Or firearms business premises) 3c. Transferor’s Telephone(area code and number) 3d. E-Mail address If Different 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 firearm described below to the transferee. 4. Description of Firearm (Complete items a through i) (See instruction 2.N) d. Model a. Name and Full Address of Maker, Manufacturer and/or b. Type of Firearm (See definitions 1.C) c. Caliber Importer of Firearm or Length e. Barrel: f. Overall: Gauge (Inches) g. Serial Number h. Additional Description or Data Appearing on Firearm (Attach additional i. Has the Firearm been Rendered Unserviceable as Defined in Definition 1.M? sheet if necessary) (If “Yes”, describe the method by which the firearm has been Yes No rendered unserviceable. Use additional sheets.) 5. Applicant’s Federal Firearms License (if any) or Explosives License or Permit Number 6. Transferee’s Special (Occupational) Tax Status (If any) (Give complete 15-digit number) (See instruction 2.C) a. Employer Identification Number b. Class First 6 digits 2 digits 2 digits 5 digits 8. Transferor’s Special (Occupational) Tax Status (If any) 7. Transferor’s Federal Firearms License (If any) a. Employer Identification Number b. Class First 6 digits 2 digits 2 digits 5 digits Under Penalties of Perjury, I Declarethat 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 firearm 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 official) 10. Name and Title of Authorized Official (Print or type) 11. Date The Space Below is for the use of the Bureau of Alcohol, Tobacco, Firearms and Explosives 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: Approved (With the following conditions, if any) Disapproved (For the following reasons) Signature of Authorized ATF Official Date Previous Editions Are Obsolete ATF Form 5 (5320.5) ATF Copy 2 - To Be Returned to Registrant Revised October 2023 |
TRANSFEREE CERTIFICATION (not completed by a Government Entity) 12. Law Enforcement Notification (See instruction 2.F) The transferee is to provide notification of the proposed acquisition and possession of the firearm described on this Form 5 by providing a copy of the completed form to the Chief Law Enforcement Officer in the agency identified below: Agency or Department Name Name and Title of Official Full Address (Street address or P.O. Box, City, State and ZIP Code) to Which Sent (Mailed or delivered) Information for the Chief Law Enforcement Officer This form provides notification of the transferee’s intent to acquire and possess a National Firearms Act (NFA) firearm. No action on your part is required. However, should you have information that may disqualify this person from acquiring or possessing a firearm, please contact the NFA Division at (304) 616-4500 or NFA@atf.gov. 13. Transferee Necessity Statement (Do not complete if the transferee is a government agency) (See instruction 2.E) I, , have a reasonable necessity to possess the machinegun, short-barreled rifle, (Name and Title of Transferee) 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). Transferee Questions (complete only when transferee is an individual) 14. Answer questions 14.a. through 14.m. Answer questions 16-20, if applicable. For any “Yes” answer the transferee shall provide details on a separate sheet. (See instruction 7.B and definitions) Yes No a. Do you intend to make any firearm listed on this form for sale or other disposition to any person described in questions 14.c. through 14.l. or a person described in question 14.m. who does not fall under an exception? b. Do you intend to sell or otherwise dispose of any firearm listed on this form in furtherance of any felony or other offense punishable by imprisonment for a term of more than one year, a Federal crime of terrorism, or a 15. Photograph drug trafficking offense? c. 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 definition 1.N) Affix a 2” x 2” Photograph here. d. Have you ever been convicted in any court for a felony, or any other crime, for which the judge could have imprisoned No Stapling. Tape Sides of Photo to the you for more than one year, even if you received a shorter sentence including probation? (See definition 1.N) Application. e. Are you a fugitive from justice?(See definition 1.T) 1. Photo must have been taken within the f. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any last year. 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 2. Photo must have been taken in full face purposes in the state where you reside. view without a hat or head covering that g. On or after the age of 16, have you ever been adjudicated as a mental defective OR have you ever been obscures the hair or hairline. committed to a mental institution? (See definition 1.O and 1.P) 3. On back of photograph print full name, h. Have you been discharged from the Armed Forces under dishonorable conditions? last 4 of Social Security Number (SSN). i. 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 definition 1.Q) j. Have you ever been convicted in any court of a misdemeanor crime of domestic violence? (See definition 1.R k. Have you ever renounced your United States citizenship? l. Are you an alien illegally or unlawfully in the United States? m.1. Are you an alien who has been admitted to the United States under a nonimmigrant visa? m.2. If “YES”, do you fall within any of the exceptions stated in the instructions? Attach the documentation to the application N/A 16. If you are an alien, record your U.S.-Issued Alien or Admission number (AR#, USCIS#, or I94#): 17. Have you been issued a Unique Personal Identification Number (UPIN)? (See instructions 2.H) Yes No If yes, please provide 18. Social Security Number:(SSN) (See Instructions 2.H) Date of Birth: 19a. Ethnicity Hispanic or Latino 19b. Race American Indian or Alaska Native Black or African American White Not Hispanic or Latino Asian Native Hawaiian or Other Pacific Islander 20a. Country of Citizenship: (Check/List more than one, if applicable. Nationals of the United States may check U.S.A.) (See definition 1.S) United States of America Other Country/Countries (Specify): ATF Form 5 (5320.5) ATF Copy 2 - To Be Returned to Registrant Revised October 2023 |
20b. State of Birth 20c.Country of Birth 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 Officer (CLEO) shown in item 12, that the statements, as applicable, contained in this certification, 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 21. Number of Responsible Persons (See definitions) 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 Important Information for Currently Registered Firearms If you are the current registrant of the firearm described on this form, please note the following information. Please email NFAFAX@ATF.GOV or call 304-616-4500 for assistance with any of the actions within this section. Estate Procedures: For procedures regarding the transfer of firearms in an estate resulting from the death of the registrant identified in item 2a, the executor should contact the NFA Division, National Service Center, Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405 or contact via email at NFAFAX@ATF.GOV or call 304-616-4500 for additional assistance. Change of Address: Unless currently licensed under the Gun Control Act, the registrant shall notify the NFA Division, National Service Center, 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, National Service Center, Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405, in writing, of any change to the description of the firearm(s) in item 4. Interstate Movement: If the firearm identified in item 4 is a machinegun, short-barreled rifle, 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 firearm identified in item 4 continues with the further transfer of the firearm. Persons Prohibited from Possessing Firearms: If the registrant becomes prohibited from possessing a firearm, please contact the NFA Division for procedures on how to dispose of the firearm. Proof of Registration: A person possessing a firearm registered as required by the NFA shall retain proof of registration which shall be made available to any ATF Officer upon request. ATF Form 5 (5320.5) ATF Copy 2 - To Be Returned Registrant Revised October 2023 |
OMB No. 1140-0015 (10/31/2026) U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives Application for Tax Exempt Transfer and Registration of Firearm ATF Control Number Internal Control Number National Firearms Act Division Submit in duplicate to: National Service Center, Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405 1. Type of Transfer: Tax Exempt 2a. Transferee’s Full Legal Name and Full Address (Include trade name, if any) (See instruction 2.K) 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 2.B) Firearm is unserviceable and is being transferred as a curio or ornament Other Legal Entity Corporation 2b. County/Parish Firearm is being transferred to or from a Government Entity Individual Trust Government Entity Firearm is being transferred to a lawful 3a. If Applicable: Decedent’s Name, Address, and Date of Death heir or by operation of law Other (Specify) 3b. Transferor’s Name and Full Address (Include trade name, if any) (Executors: see instruction 2.K) 3e. Number, Street, City, State and ZIP Code of Residence (Or firearms business premises) 3c. Transferor’s Telephone(area code and number) 3d. E-Mail address If Different 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 firearm described below to the transferee. 4. Description of Firearm (Complete items a through i) (See instruction 2.N) d. Model a. Name and Full Address of Maker, Manufacturer and/or b. Type of Firearm (See definitions 1.C) c. Caliber Importer of Firearm or Length e. Barrel: f. Overall: Gauge (Inches) h. Additional Description or Data Appearing on Firearm (Attach additional i. Has the Firearm been Rendered Unserviceable as Defined in Definition 1.M? sheet if necessary) (If “Yes”, describe the method by which the firearm has been Yes No rendered unserviceable. Use additional sheets.) 5. Applicant’s Federal Firearms License (if any) or Explosives License or Permit Number 6. Transferee’s Special (Occupational) Tax Status (If any) (Give complete 15-digit number) (See instruction 2.C) a. Employer Identification Number b. Class First 6 digits 2 digits 2 digits 5 digits 8. Transferor’s Special (Occupational) Tax Status (If any) 7. Transferor’s Federal Firearms License (If any) a. Employer Identification Number b. Class First 6 digits 2 digits 2 digits 5 digits Under Penalties of Perjury, I Declarethat 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 firearm 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 official) 10. Name and Title of Authorized Official (Print or type) 11. Date The Space Below is for the use of the Bureau of Alcohol, Tobacco, Firearms and Explosives 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: Approved (With the following conditions, if any) Disapproved (For the following reasons) Signature of Authorized ATF Official Date Previous Editions Are Obsolete ATF Form 5 (5320.5) CLEO Copy Revised October 2023 |
TRANSFEREE CERTIFICATION (not completed by a Government Entity) 12. Law Enforcement Notification (See instruction 2.F) The transferee is to provide notification of the proposed acquisition and possession of the firearm described on this Form 5 by providing a copy of the completed form to the Chief Law Enforcement Officer in the agency identified below: Agency or Department Name Name and Title of Official Full Address (Street address or P.O. Box, City, State and ZIP Code) to Which Sent (Mailed or delivered) Information for the Chief Law Enforcement Officer This form provides notification of the transferee’s intent to acquire and possess a National Firearms Act (NFA) firearm. No action on your part is required. However, should you have information that may disqualify this person from acquiring or possessing a firearm, please contact the NFA Division at (304) 616-4500 or NFA@atf.gov. 13. Transferee Necessity Statement (Do not complete if the transferee is a government agency) (See instruction 2.E) I, , have a reasonable necessity to possess the machinegun, short-barreled rifle, (Name and Title of Transferee) 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). Transferee Questions (complete only when transferee is an individual) 14. Answer questions 14.a. through 14.m. Answer questions 16-20, if applicable. For any “Yes” answer the transferee shall provide details on a separate sheet. (See instruction 7.B and definitions) Yes No a. Do you intend to make any firearm listed on this form for sale or other disposition to any person described in questions 14.c. through 14.l. or a person described in question 14.m. Who does not fall under an exception? b. Do you intend to see or otherwise dispose of any firearm listed on this form in furtherance of any felony or other offense punishable by imprisonment for a term of more than one year, a Federal crime of terrorism, or a 15. Photograph drug trafficking offense? c. 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 definition 1.N) Affix a 2” x 2” Photograph here. d. Have you ever been convicted in any court for a felony, or any other crime, for which the judge could have imprisoned No Stapling. Tape Sides of Photo to the you for more than one year, even if you received a shorter sentence including probation? (See definition 1.N) Application. e. Are you a fugitive from justice?(See definition 1.T) 1. Photo must have been taken within the f. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any last year. 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 2. Photo must have been taken in full face purposes in the state where you reside. view without a hat or head covering that g. On or after the age of 16, have you ever been adjudicated as a mental defective OR have you ever been obscures the hair or hairline. committed to a mental institution? (See definition 1.O and 1.P) 3. On back of photograph print full name, h. Have you been discharged from the Armed Forces under dishonorable conditions? last 4 of Social Security Number (SSN). i. 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 definition 1.Q) j. Have you ever been convicted in any court of a misdemeanor crime of domestic violence? (See definition 1.R k. Have you ever renounced your United States citizenship? l. Are you an alien illegally or unlawfully in the United States? m.1. Are you an alien who has been admitted to the United States under a nonimmigrant visa? m.2. If “YES”, do you fall within any of the exceptions stated in the instructions? Attach the documentation to the application N/A 16. If you are an alien, record your U.S.-Issued Alien or Admission number (AR#, USCIS#, or I94#): 17. Have you been issued a Unique Personal Identification Number (UPIN)? (See instructions 2.H) Yes No If yes, please provide Date of Birth: 19a. Ethnicity Hispanic or Latino 19b. Race American Indian or Alaska Native Black or African American White Not Hispanic or Latino Asian Native Hawaiian or Other Pacific Islander 20a. Country of Citizenship: (Check/List more than one, if applicable. Nationals of the United States may check U.S.A.) (See definition 1.S) United States of America Other Country/Countries (Specify): ATF Form 5 (5320.5) CLEO Copy Revised October 2023 |
20b. State of Birth 20c.Country of Birth 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 Officer (CLEO) shown in item 12, that the statements, as applicable, contained in this certification, 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 21. Number of Responsible Persons (See definitions) 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 Important Information for Currently Registered Firearms If you are the current registrant of the firearm described on this form, please note the following information. Please email NFAFAX@ATF.GOV or call 304-616-4500 for assistance with any of the actions within this section. Estate Procedures: For procedures regarding the transfer of firearms in an estate resulting from the death of the registrant identified in item 2a, the executor should contact the NFA Division, National Service Center, Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405 or contact via email at NFAFAX@ATF.GOV or call 304-616-4500 for additional assistance. Change of Address: Unless currently licensed under the Gun Control Act, the registrant shall notify the NFA Division, National Service Center, 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, National Service Center, Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405, in writing, of any change to the description of the firearm(s) in item 4. Interstate Movement: If the firearm identified in item 4 is a machinegun, short-barreled rifle, 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 firearm identified in item 4 continues with the further transfer of the firearm. Persons Prohibited from Possessing Firearms: If the registrant becomes prohibited from possessing a firearm, please contact the NFA Division for procedures on how to dispose of the firearm. Proof of Registration: A person possessing a firearm registered as required by the NFA shall retain proof of registration which shall be made available to any ATF Officer upon request. ATF Form 5 (5320.5) CLEO Copy Revised October 2023 |