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Special Notice
1. If a firearm is registered to the person from whom you obtained it, that registration shall become a part of the National Firearms Registration and
person may submit ATF Form 5 for the tax exempt transfer of the Transfer Record. Registration of such firearms has been required since
firearm to you, in lieu of your submission ofATF Form 10. If the transfer passage of the original National Firearms Act in 1934. On April 15, 1971,
is approved, the restriction on further transfer of the firearm which applies the Supreme Court decided in the matter of U.S. vs. Freed, et al., and noted
to firearms registered on ATF Form 10 would not apply. that, “only possessors who lawfully make, manufacture, or import firearms
can and must register them.” However, in order to assist law enforcement
2. Title 27 CFR 479.104 provides that any state, any political subdivision agencies, while curtailing the flow of “gangster type” weapons into
thereof, or any official police organization of such a governmental entity interstate commerce, the cited regulation was promulgated to permit the
engaged in criminal investigations which acquires for official use a limited registration of firearms by governmental entities for official use
National Firearms Act weapon not registered to it such as by only. When registration of a firearm on this form by a governmental entity
abandonment or by forfeiture, will register such firearm with the is approved, the Bureau will approve subsequent transfer of such firearm to
Director by filing ATF Form 10, Application for Registration of another qualified governmental entity only, for offical use. Otherwise,
Firearms Acquired by Certain Governmental Entities, and that such such firearm must be destroyed or abandoned to ATF.
Instructions
1. Preparation of this form. number, please contact the nearest Alcohol, Tobacco, Firearms and
Explosives office to have an ATF serial number assigned and placed
a. This form must be submitted in duplicate. The Form 10 may be on the frame or receiver of the firearm prior to the submission of the
photocopied or a computer generated version (in the same format form.
and containing all required information) may be used. A fillable
version for download is available at the ATF Website(www.atf.gov.) 2. Disposition of this form - The applicant will forward the original and
one copy of the form to the National Firearms Act Division, Bureau of
b. Only one firearm may be listed on each form. If more, an Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road,
attachment listing may be used, and the serial number field should Martinsburg, WV 25405, (304) 616-4500. ATF will return the original
be noted to reflect the attachment.. form, showing approval or disapproval, to the applicant. Approval
authorized by ATF will effect the registration of the firearm to the
c. It is preferred that the original and carbon copy by typed, although governmental entity. The approved form must be retained with the
pen and ink entries are acceptable. permanent records of the entity. Subsequent transfer of the firearm will
be approved to another qualified governmental entity only.
d. The signature on each copy must be in ink by the agency head. If
signed by another agency member, evidence of the delegation of 3. Firearms Held for Use as Evidence - Firearms being held for use as
authority must be provided. evidence in a criminal proceeding need not be registered if they are to
be destroyed or abandoned to ATF when no longer needed as evidence.
e. Serial Number - If the firearm being registered does not bear a serial
Definitions
The following types of firearms, whether serviceable or unserviceable, fall 4. Machinegun - Any weapon which shoots, is designed to shoot, or can be
within the purview of the National Firearms Act and must be registered to the readily restored to shoot, automatically more than one shot, without
possessor to be lawfully possessed: manual reloading, by single function of the trigger. The term also
includes the frame or receiver of any such weapon, any combination of
1. Short-barreled shotgun - Shotguns with barrels less than 18 inches long or parts designed and intended for use in converting a weapon into a
any weapon made from a shotgun having an overall length of less machinegun, and any combination of parts from which a machinegun
than 26 inches or a barrel less than 18 inches in length. can be assembled if such parts are in the possession or under the control
of a person.
2. Short-barreled rifle - Rifles with barrels less than 16 inches long; or
any weapon made from a rifle having an overall length of less than 26 5. Destructive device - Destructive devices include explosive, incendiary
inches or a barrel less than 16 inches in length. (including so called “molotov cocktails”) or poison gas bombs, grenades,
rockets, missiles, mines, and similar devices. Included in this category
3. Any other weapon - A weapon, except a conventional pistol or revolver are anti-tank guns, bazookas and mortars and other military type
having a rifled bore, capable of firing a shot and being concealed on the weapons with a bore of more than one-half inch diameter, other than a
person. Examples include: “pen” guns ostensibly designed to expel tear sporting shotgun or shotgun ammunition.
gas but which fire fixed ammunition, H & R Handy Guns; Ithaca
Auto-Burglar guns; cane guns; and gadget-type firearms. 6. Muffler or silencer - A device for silencing, muffling, or diminishing the
report of any firearm including any part or combination of parts designed
or redesigned, and intended for use in assembling or fabricating a silencer.
Paperwork Reduction Act Notice
This form meets the clearance requirements of the Paperwork Reduction Act of 1995. The information you provide is used to properly identify the
registrant and the firearms to be registered. The form when approved, registers the firearm to the law enforcement agency. The furnishing of this
information is mandatory (26 U.S.C. 5853a).
The estimated average burden associated with this collection of information is 30 minutes 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, Document Services Branch, Bureau of Alcohol, Tobacco, Firearms and Explosives, Washington, D.C. 20226.
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB
control number. ATF Form 10 (5320.10)
Revised May 2017
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