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OMB No. 1140-0015 (11/30/2025)
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 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 Revised November 2022

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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.h. 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. 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)
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 definition 1.N)
c. Are you a fugitive from justice? (See definition 1.T)
d. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any 15. Photograph
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. On or after the age of 16, have you ever been adjudicated as a mental defective OR have you ever been Affix a 2” x 2” Photograph here.
committed to a mental institution? (See definition 1.O and 1.P) No Stapling. Tape Sides of Photo to the
Application.
f. Have you been discharged from the Armed Forces under dishonorable conditions?
g. Are you subject to a court order restraining you from harassing, stalking, or threatening your child or an 1. Photo must have been taken within the
intimate partner or child of such partner? (See definition 1.Q) last year.
h. Have you ever been convicted in any court of a misdemeanor crime of domestic violence? (See definition 1.R 2. Photo must have been taken in full face
view without a hat or head covering that
16. Social Security Number:(SSN) (See Instructions 2.H) Date of Birth: obscures the hair or hairline.

3. On back of photograph print full name,
last 4 of Social Security Number (SSN).
17a. Ethnicity Hispanic or Latino 17b. Race American Indian or Alaska Native Black or African American White
Not Hispanic or Latino Asian Native Hawaiian or Other Pacific Islander
18a. 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):
18b. State of Birth 18c.Country of Birth

Yes No
d. Have you ever renounced your United States citizenship?
e. Are you an alien illegally or unlawfully in the United States?
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 N/A
19. If you are an alien, record your U.S.-Issued Alien or Admission number (AR#, USCIS#, or I94#):
20. Have you been issued a Unique Personal Identification Number (UPIN)? (See instructions 2.H) Yes No If yes, please provide

ATF Form 5 (5320.5)
ATF Copy Revised November 2022

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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, To-
bacco, 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, Mar-
tinsburg, 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.
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.
ATF Form 5 (5320.5)
ATF Copy Revised November 2022

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Definitions/Instructions
transportation, receipt, or possession in or affecting interstate commerce
1. Definitions of a firearm by one who: has been convicted of a misdemeanor crime
of domestic violence; has been convicted of a felony, or any other crime,
a. National Firearms Act (NFA). Title 26, United States Code, Chapter punishable by imprisonment for a term exceeding one year (this does not
53. The implementing regulations are found in Title 27, Code of Federal include State misdemeanors punishable by imprisonment of two years or
Regulations, Part 479. 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
b. Gun Control Act (GCA). Title 18, United States Code, Chapter 44. controlled substance; has been adjudicated as a mental defective or has been
The implementing regulations are found in Title 27, Code of Federal committed to a mental institution; has been discharged from the Armed
Regulations, Part 478. 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
c. Firearm. The term “firearm” means: (1) a shotgun having a barrel or the United States under a nonimmigrant visa; or is subject to certain
barrels of less than 18 inches in length; (2) a weapon made from a restraining orders. Furthermore, Section 922(n) prohibits the shipment,
shotgun if such weapon as modified has an overall length of less than 26 transportation, or receipt in or affecting interstate commerce of a firearm
inches or a barrel or barrels of less than 18 inches in length; (3) a rifle by one who is under indictment or information for a felony in any Federal,
having a barrel or barrels of less than 16 inches in length; (4) a weapon State or local court, or any other crime, punishable by imprisonment for a
made from a rifle if such weapon as modified has an overall length of less term exceeding one year. An information is a formal accusation of a crime
than 26 inches or a barrel or barrels of less than 16 inches in length; (5) verified by a prosecutor.
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 EXCEPTION: A person who has been convicted of a felony, or any other
included within this definition; and (8) a destructive device. 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,
d. Person. A partnership, company, association, trust, corporation, including is not prohibited from purchasing, receiving, or possessing a firearm if: (1)
each Responsible Person associated with such an entity; including each under the law of the jurisdiction where the conviction occurred, the person has
Responsible Person associated with such an entity; an estate; or an individual. 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 office)
Section A taken away and later restored AND (2) the person is not prohibited by the law
e. Responsible Person. In case of an unlicensed entity, including any trust, of the jurisdiction where the conviction occurred from receiving or possessing
partnership, association, company (including any Limited Liability Company firearms. Persons subject to this exception should mark “no” in the applicable
(LLC)), or corporation, any individual who possesses, directly, or indirectly, box.
the power or authority to direct the management and policies of the trust
or entity to receive, possess, ship, transport, deliver, transfer or otherwise o. Adjudicated as a Mental Defective. A determination by a court, board,
dispose of a firearm for, or on behalf of, the trust or legal entity. commission, or other lawful authority that a person, as a result of marked
subnormal intelligence, or mental illness, incompetency, condition, or
Section B disease: (1) is a danger to himself or to others; or (2) lacks the mental
Trust: Those persons with the power or authority to direct the management capacity to contract or manage his own affairs. This term shall include:
and policies of the trust includes any person who has the capability to exercise (1) a finding of insanity by a court in a criminal case; and (2) those persons
such power and possesses, directly or indirectly, the power or authority under found incompetent to stand trial or found not guilty by reason of lack of
any trust instrument, or under State law, to receive, possess, ship, transport, mental responsibility.
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 p. Committed to a Mental Institution. A formal commitment of a person to
settlors/grantors, trustees, partners, members, officers, directors, board members, a mental institution by a court, board, commission, or other lawful authority.
or owners. An example of who may be excluded from this definition of The term includes a commitment to a mental institution involuntarily. The
Responsible Person is the beneficiary of a trust, if the beneficiary does not have term includes commitment for mental defectiveness or mental illness. It
the capability to exercise the enumerated powers or authorities. 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
f. Employer Identification Number (EIN). Required of taxpayer filing voluntary admission to a mental institution.
Special (Occupational) Tax returns under 27 CFR § 479.35.
EXCEPTION NICS Improvement Amendments Act of 2007: A person who
g. Special (Occupational) Tax. Required by the NFA to be paid by a has been adjudicated as a mental defective or committed to a mental
Federal firearms licensee engaged in the business of manufacturing (Class institution in a State proceeding is not prohibited by the adjudication or
2), importing (Class 1), or dealing (Class 3) in NFA firearms. commitment if the person has been granted relief by the adjudicating/
committing State pursuant to a qualifying mental health relief from
h. Federal Firearms License. A license issued under the provisions of disabilities program. Also, a person who has been adjudicated as a mental
the GCA to manufacture, import or deal in firearms. 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
i. ATF Officer. An officer or employee of the Bureau of Alcohol, Tobacco, either (a) the person’s adjudication or commitment was set-aside or expunged
Firearms and Explosives (ATF) authorized to perform any function by the adjudicating/committing agency; (b) the person has been fully released
relating to the administration of the NFA. or discharged from all mandatory treatment, supervision, or monitoring by the
agency; (c) the person was found by the agency to no longer suffer from the
j. Transfer. Selling, assigning, pledging, leasing, loaning, giving away, or mental health condition that served as the basis of the initial adjudication/
otherwise disposing of a firearm. commitment; or (d) the adjudication or commitment, respectively, is based
solely on a medical finding of disability, without an opportunity for a hearing
k. Transferor. The person selling or otherwise disposing of a firearm; by a court, board, commission, or other lawful authority, and the person has not
including applying to transfer a firearm. 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
l. Transferee. The person acquiring the firearm. adjudicating/committing agency pursuant to a qualified mental health relief
from disabilities program. Persons who fall within one of the above
m. Unserviceable Firearm. One which is incapable of discharging a shot exceptions should mark “NO” in the applicable box. This exception to an
by means of an explosive and incapable of being readily restored to firing adjudication or commitment by a Federal department or agency does not apply
condition. An acceptable method of rendering most firearms to any person who was adjudicated to be not guilty by reason of insanity, or
unserviceable is to fusion weld the chamber closed and fusion weld the based on a lack of mental responsibility, or found incompetent to stand trial, in
barrel solidly to the frame. any criminal case or under the Uniform Code of Military Justice.

n. Prohibited Person. Generally, 18 U.S.C. § 922 (g) prohibits the shipment, ATF Form 5 (5320.5)
Revised November 2022

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    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 instruction  
       to or received by persons subject to a court order: (A) was issued after a                        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,     or tribal  law and  has,       c.  Federal Firearms Licensees.  If the transferor or transferee is a Federal  
       as an element, the use or attempted use of physical force, or the threatened                          Firearms licensee (FFL) under the GCA, the licensee’s complete name,  
       use of a deadly weapon, committed by a current or former spouse, parent, or                           trade name (if any), and address shall be entered in items 2a or 3a of this  
       guardian of the victim, by a person with whom the victim shares a child                               form, respectively.  The complete license number of each shall be 
       in common, by a person cohabitating with, or has cohabitated with the                                 entered in items 5 and 7 of the form and, if the licensee is a Special 
       victim as a spouse, parent, or guardian, or by a person similarly situated to a                       (Occuptational) Taxpayer under the NFA, the licensee’s Employer 
       spouse, parent, or guardian of the victim, or by a person who has a                                   Identification Number (EIN) shall be entered in items 6 and 8 of the form,  
       current or recent former dating relationship with the victim (as defined in                           along with the class of special tax paid.                        
       18 U.S.C. § 921(a)(37)).  The term includes all  misdemeanors that have as                     
       an element the use or attempted use of physical force or the threatened use                       IMPORTANT NOTE: The business structure of the licensee shall be described  
       of a deadly weapon (e.g., assault and battery), if the offense is                                 consistently.  For example, if the transferor is a sole proprietor, item 3a shall  
       committed by one of the defined  parties.     (See Exception in the definition of                 reflect the FFL information for the sole proprietor business and item 7 shall  
       “Prohibited Person”).  A  person who has been convicted of a                                      reflect the FFL number for that sole proprietor business.  Item 8 will reflect  
       misdemeanor crime of domestic violence also is not prohibited unless: (1)                         the  EIN for the sole proprietor business.  If the special tax is paid as a 
       the person was represented by a lawyer or gave up the right to a lawyer;                          corporation, then it is not valid for the transaction.  Similarly, a corporation  
       (2) if the person was entitled to a jury, was tried by a jury, or gave up the                     name shown in item 3a with  the FFL number and EIN of a sole proprietor will  
       right to a jury trial.  Persons subject to this exception should mark “NO” in                     not be valid for the transaction.   
       the applicable box.  
                                                                                                         d.  Completion of Form. 
    s. Alien Admitted to the United States Under a Nonimmigrant Visa.   An  
       alien admitted to the United States under a nonimmigrant visa includes,                               (1)   The transferor shall provide the transferee’s full legal name to include  
       among others, persons visiting the United States temporarily for business                                    middle and physical address (no Post office box) in item 2a.  If the  
       or pleasure, persons studying in the United States who maintain a                                            transferee is a trust or legal entity, show only the complete name of  
       residence abroad, and certain temporary foreign workers.  These aliens                                       the trust or legal entity and do not include any individual names (such  
       must answer “YES” to question 18.d.1 and provide the additional                                              as names of trustees or corporate officials).  The address shall be the  
       documentation required under question 18.d.2.  Permanent resident aliens                                     location within the particular State where the firearm will be maintained  
       and aliens legally admitted to the United States pursuant to either the Visa                                 for a trust or legal entity.  In the case of two or more locations for a  
       Waiver Program or to regulations otherwise exempting them from visa                                          legal entity, the address shown shall be the principal place of business  
       requirements may answer “NO” to this question and are not required to                                        within the particular State (or principal office, in the case of a corporation).   
       submit the additional documentation under 18.d.2.  An alien admitted to the  
       United States under a nonimmigrant visa is not prohibited from purchasing,                            (2)   If the transferee is an individual, the entire Form 5 shall be completed  
       receiving, or possessing a firearm if the alien:  (1) is in possession of a                                  except for items 21 and 22.  In addition, the transferee must include  
       hunting license or permit lawfully issued by the Federal Government, a                                       his or her fingerprints on FBI Form FD-258 and his or her photos (see  
       State, or local government, or an Indian tribe federally recognized by the                                   instruction 2.G). 
       Bureau of Indian Affairs, which is valid and unexpired; (2) was                                
       admitted to the United States for lawful hunting or sporting purposes; (3)                            (3)    If the applicant meets the definition of a Responsible Person for a legal  
       is an official representative of a foreign government who is accredited to                                   entity (See definition 1.E).  See 2.d.5. for Responsible Person 
       the United States Government or the Government’s mission to an                                               Requirements.  Individual must complete items 14-20 and sign the  
       international organization having its headquarters in the United States;                                     Certification Statement. 
       (4) is an official representative of a foreign government who is en route to   
       or from another country to which that alien is accredited; (5) is an official                         (4)   Documentation of entity existence: 
       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                                   a.  If the transferee is other than an individual, the transferee must 
       officer of a friendly foreign government entering the United States on                                          attach documentation evidencing the existence and validity of  
       official law enforcement business; (7) has received a waiver from the                                             the trust or legal entity, which includes complete and unredacted  
       prohibition from the Attorney General of the United States.                                                     copies of partnership agreements, articles of incorporation, 
                                                                                                                       corporate registration, declarations of trust with any trust schedules,  
    t. Fugitives from Justice.  Any person who has fled from any State to avoid                                        attachments, exhibits, and enclosures. 
       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                                   b.  If the transferee entity has had an application approved as a maker 
       includes any person who knows that misdemeanor or felony charges are                                            or transferee within the preceding 24 months of the date of filing 
       pending against such person and who leaves the State of prosecution.                                            this application, and there has been no change to the 
                                                                                                                       documentation evidencing the existence and validity of the entity  
2.  Preparation of Application                                                                                         previously provided, the trust or legal entity may  provide a 
                                                                                                                       certification that the information has not been changed since the       
    a. Authority.  As provided by 26 U.S.C. §§§ 5812, 5852, and 5853, any                                              prior approval and shall identify the application for which the 
       person seeking to transfer a firearm exempt from payment of tax must                                              documentation had been submitted form number, serial number, and  
       submit, in duplicate, a separate application on this form for each firearm.                                     date approved. 
       The   transferor must furnish all the information called for, except as noted by                                                                               ATF Form 5 (5320.5) 
       instructions within, on this application form.  Please note that the form now                                                                                  Revised November 2022

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Note: An entity licensed under the Gun Act (GCA) that does not pay the (5) if the applicant is a government entity, a person who has authority to sign
Special (Occupational) Tax (SOT) must submit documentation of entity for the entity shall sign the form.
existence as required in the above paragraph 27 CFR § 479.85(b)(2)(i).
j. Photocopies, Computer Generated Versions, or Downloaded
(5) If the transferee is other than an individual, each Responsible Person Version. The form may be copied or downloaded (for example, from the
of the trust or legal entity (see definition1e) must include a completed ATF website (www.atf.gov)). The form does not have to be printed front
ATF Form 5320.23, National Firearms Act (NFA) Responsible Person to back.
Questionnaire, with the submitted Form 5.
k. Estates, Trusts, and Other Transfers by Operation of Law. When a firearm
Note: Each Responsible Person of an entity licensed under the Gun is being transferred from an estate by bequest or interstate succession (see
Control Act (GCA) that does not pay the Special(Occupational) 27 CFR § 479.90a), or by other operation of law to a beneficiary or other
Tax (SOT) must submit ATF Form 5320.23 with the application as authorized recipient, ATF Form 5 is used to effect the transfer. The
instructed in the above paragraph 27 CFR § 479.85(b)(2)(ii). executor, trustee, or other person ppointed to dispose of property shall
provide documentation of the legal status of the person entitled to receive
(6) Item 4g (serial number) is obscured on the CLEO copy. This field does property, and shall identify that person in item 2a.
not require completion on the CLEO copy. In the case of an estate, item 3e shall be completed to reflect the decedent’s
information. If the transfer is to someone other than to a person identified
e. Transferee Necessity Statement. Item 13 must be completed by the under operation of law, the transfer is subject to transfer tax and ATF Form 4
transferee if: shall be used.
(1) the firearm to be transferred is a machinegun, short-barreled rifle, l. Submission. The transferor shall submit 2 forms (ATF Copy 1 and Copy 2
short-barreled shotgun, or destructive device; (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
(2) the transferor is licensed under the GCA to deal in such device or any attachment included with the submission. The applicant shall direct the
firearm; and 3rd copy (CLEO) complete copy of the form to the Chief Law Enforcement
Officer as provided in instruction 2.F and item 12.
(3) the transferee is not licensed under the GCA to deal in such device
or firearm. m. Submission by Facsimile Transmission. ATF Form 5 may also be
submitted (in situations where the application is not accompanied by
f. Law Enforcement Notification. The transferee must provide a copy of fingerprints and photographs) for approval by facsimile transmission to
the Form 5 to the Chief Law Enforcement Officer (CLEO) who has (304) 616-4501 provided that the transferor has filed an affidavit with
jurisdiction over the area of the transferee’s address shown in item 2a of the NFA Division as provided by ATF Industry Circular 89-6.
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 n. Description of Firearm and Markings. (1) Item 4a. please provide
their respective Chief Law Enforcement Officer. The Chief Law the name and address of the maker, manufacturer or importer of the
Enforcement Officer is considered to be the Chief of Police; the Sheriff; the firearm. If there are additional makers, manufacturers, or importers, include
Head of the State Police; or a State or local district attorney or prosecutor. this information in item 4h or on a separate sheet of paper. (2) Item 4b
the types of NFA firearm are listed in definition 1.C. (3) Item 4c. specify
g. Photographs and Fingerprints. An individual transferee, or one caliber or gauge. If there are additional calibers associated with the
Responsible Persons of a legal entity transferee must (1) attach to item 15 description of the firearm, include this information in item 4h or on a
of the ATF Form 5, a 2 inch x 2inch photograph of the frontal view of the separate piece of paper. (4) Item 4d. show the model designation (if
transferee taken within 1 year prior to the date of the application and (2) any). (5) Item 4e. and 4f. specify the barrel and overall lengths as
submit two properly completed FBI Forms FD-258 (Finerprint Card with applicable. If there are additional barrel and overall lengths associated
blue lines) with the application. The fingerprints must be clear for accurate with the description of the firearm, include this information in item 4h or
classification and taken by someone properly equipped to take them. on a separate sheet of paper. (6) Item 4g. (a) enter the serial number of
the firearm. (b) When more than one firearm of the same description is
Note: Each Responsible Person of an entity licesned under the Gun Control being transferred and the serial numbers are in a consecutive series,
Act (GCA) that does not pay the Special (Occupational) Tax (SOT) must the transferor may enter the beginning and ending serial numbers of the
submit fingerprints and photographs with the application as instructed in range. When more than one firearm of the same description is being
the above paragraph 27 CFR § 479.85(b)(2)(iii)(iv). transferred but the serial numbers are nonconsecutive, the transferor may
note item 4g. to “see attached list of xxx serial numbers.” Any attachment
h. SSN and UPIN. The Social Security Number and UPIN are not required. must be referenced to the ATF Form 5. (7) If there are differences
However, this informatin assists with the efficient completion of the NICS between the description of the firearm on the form in comparison to the
background check. Please be aware that refusal to provide this informatin physical description of the firearm or in the markings on the firearm,
may result in a delay in the NICS background check process. including the serial number, contact the NFA Division in regard to these
differences. (8) Item 4i. Answer “Yes” or “No”.
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 o. State or Local Permit. If a State or local permit or license is required
has been granted a Digital/Electronic signature may be used. 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
(1) if the applicant is an individual, the applicant shall sign the form; 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
(2) if the applicant is the estate of a decedent or the firearm is being submitted with Form 5320.23, National Firearms Act (NFA) Responsible
transferred by other operation of law, the executor or administrator of Person Questionnaire.
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 3. Approval of Application. Upon approval of an application, the NFA Division
form; will return the approved copy to the transferor for delivery with the firearm to
the transferee. Since the approval of the application effectuates registration
(3) if the applicant is a trust or legal entity, a Responsible Person of the trust of the firearm to the transferee, the physical transfer of the firearm must be
or legal entity shall sign the form; completed immediately; however, the transferor must not transfer the firearm
until the application has been approved and received. If the physical transfer
(4) if the applicant is a Federal firearms licensee, a Responsible Person of the of the firearm cannot be completed immediately, the transferor must contact
Federal firearms licensee must sign the form; or the NFA Branch with the specifics.
ATF Form 5 (5320.5)
Revised November 2022

- 7 -

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.
7. Reasons for Disapproval. 26 U.S.C. § 5812 provides that applications shall
be denied if the transfer, receipt, or possession of the firearm would place the
transferee in violation of law.
a. Violation of Law. Applications shall be denied if the receipt or possession
of the firearm would place the person receiving or possessing the firearm
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
firearm. For information regarding persons prohibited from receiving a
firearm, refer to definitions 1n through 1s.
8. Status Inquiries and Questions. Information relating to the NFA and other
firearms laws is available at the ATF Internet website at www.atf.gov. Any
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
dissemination by ATF of information relating to the application to register an
NFA firearm 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 fined not more than
$10,000 or be imprisoned for not more than 10 years, or both. Any firearm
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 November 2022

- 8 -

OMB No. 1140-0015 (11/30/2025)
U.S. Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives Application for Tax Exempt Transfer and
Registration of Firearm

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.

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

Signature of Authorized ATF Official Date

Previous Editions Are Obsolete ATF Form 5 (5320.5)
ATF Copy 2 - To Be Returned to Registrant Revised November 2022

- 9 -

Agency or Department Name Name and Title of Official

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.h. 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. 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)
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 definition 1.N)
c. Are you a fugitive from justice? (See definition 1.T)
d. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any 15. Photograph
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. On or after the age of 16, have you ever been adjudicated as a mental defective OR have you ever been Affix a 2” x 2” Photograph here.
committed to a mental institution? (See definition 1.O and 1.P) No Stapling. Tape Sides of Photo to the
Application.
f. Have you been discharged from the Armed Forces under dishonorable conditions?
g. Are you subject to a court order restraining you from harassing, stalking, or threatening your child or an 1. Photo must have been taken within the
intimate partner or child of such partner? (See definition 1.Q) last year.
h. Have you ever been convicted in any court of a misdemeanor crime of domestic violence? (See definition 1.R 2. Photo must have been taken in full face
view without a hat or head covering that
16. Social Security Number: (SSN) (See Instructions 2.H) Date of Birth: obscures the hair or hairline.

ATF Form 5 (5320.5)
ATF Copy 2 - To Be Returned to Registrant Revised November 2022

- 10 -

Signature of Transferee Date

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 NFA-
FAX@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.
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.
ATF Form 5 (5320.5)
ATF Copy 2 - To Be Returned Registrant Revised November 2022

- 11 -

OMB No. 1140-0015 (11/30/2025)
U.S. Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives Application for Tax Exempt Transfer and
Registration of Firearm

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.

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

Signature of Authorized ATF Official Date

Previous Editions Are Obsolete ATF Form 5 (5320.5)
CLEO Copy Revised November 2022

- 12 -

Agency or Department Name Name and Title of Official

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).

ATF Form 5 (5320.5)
CLEO Copy Revised November 2022

- 13 -

Signature of Transferee Date

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.
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.
ATF Form 5 (5320.5)
CLEO Copy Revised November 2022

PDF file checksum: 4015091648

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