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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 of ATF Form 10. If the passage of the original National Firearms Act in 1934. On April 15, 1971,
transfer is approved, the restriction on further transfer of the firearm the Supreme Court decided in the matter of U.S. vs. Freed, et al., and noted
which applies 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 official use. Otherwise, such
Firearms Acquired by Certain Governmental Entities, and that such firearm must be destroyed or abandoned to ATF.
Instructions
1. Preparation of this form.
number, please contact the nearest Alcohol, Tobacco, Firearms and
a. This form must be submitted in duplicate. The Form 10 may be Explosives office to have an ATF serial number assigned and placed
photocopied or a computer generated version (in the same format and on the frame or receiver of the firearm prior to the submission of the
containing all required information) may be used. A fillable version form.
for download is available at the ATF Website (www.atf.gov)
2. Disposition of this form - The applicant will forward the original and one
b. Only one firearm may be listed on each form. If more, an attachment copy of the form to the National Firearms Act Division, Bureau of
listing may be used, and the serial number field should be noted to Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road,
reflect the attachment.. Martinsburg, WV 25405, (304) 616-4500. ATF will return the original
form, showing approval or disapproval, to the applicant. Approval
c. It is preferred that the original and carbon copy be typed, although authorized by ATF will effect the registration of the firearm to the
pen and ink entries are acceptable. governmental entity. The approved form must be retained with the
permanent records of the entity. Subsequent transfer of the firearm will
d. The signature on each copy must be in ink by the agency head. If be approved to another qualified governmental entity only.
signed by another agency member, evidence of the delegation of
authority must be provided. 3. Firearms Held for Use as Evidence - Firearms being held for use as
evidence in a criminal proceeding need not be registered if they are to be
e. Serial Number - If the firearm being registered does not bear a serial destroyed or abandoned to ATF when no longer needed as evidence.
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 readily restored to shoot, automatically more than one shot, without
the 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 parts designed and intended for use in converting a weapon into a
or any weapon made from a shotgun having an overall length of less than machinegun, and any combination of parts from which a machinegun
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 inches 5. Destructive device - Destructive devices include explosive, incendiary
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- 6. Muffler or silencer - A device for silencing, muffling, or diminishing the
Burglar guns; cane guns; and gadget-type firearms. 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 E-Form 10 (5320.10)
Revised May 2017
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