"Responsible person. But, there is a Definition for Firearm, so that must be it: OMG! Enter the name of the County, Parish, or Borough where you live. Weve created more than 10,000 Form 1 Applications for our customers, with All Lawful Purposes entered as the reason for making the firearm, so we suggest sticking with that. This box is not required to be filled out. It may take a bit to load while your trust pdf is uploaded. However, this information assists with theefficient completion of the National Instant Criminal Background Check System (NICS) background check. Use all black ink as stated at the top of the fingerprint cards and make sure the following boxes are filled out. )[15] are based on the SBR John is going to build. There are many, many reasons for this, but the most important reason is that you are much more likely to have people associated with the corp., LLC, etc., that are Responsible Persons, without ever even knowing it. . Have your fingerprints filled out and ready, after the eFile you will get an email with a cover letter and location to mail the filled out fingerprint cards. Enter the name of the business (dont forget the inc., LLC, LLP, etc.) If you arent sure who should be a responsible person or who must be, you should speak to an attorney who deals regularly with federal firearms licenses. Enter the Trust Name and address from the Form 1, 4, or 5. Updated 3/31/16, Jews for The Preservation of Firearms Ownership, USA Carry - Concealed Firearm Permit Information and Resources. Bureau of Alcohol, Tobacco, Firearms and Explosives ATF Form 5320.23 and our example filled out form below. [32] The three copies are the ATF Copy, the ATF Copy 2 To Be Returned To Registrant, and the CLEO Copy. There are a couple of different ways you can make sure your application is approved: If you have a Gun Trust from the Trust Shop, you have nothing to worry about. Gun laws and regulations can be confusing. ", John completes Box 4 of his Form 1 Application just like he did in Example #1, with one exception: He enters the Caliber, Barrel length, & Overall Length of the additional upper receiver in Box 4h. On the previous version of the application, Box 17 was for credit card info. But as Model names are optional (on firearms built from scratch), John could have entered "NONE" if he didnt want to use a Model name. John wants to convert his Colt M4 Carbine into a Short Barreled Rifle (SBR). You file a ton of paperwork with the FBI, and after they verify you are who you say you are, they will issue you a UPIN. On the CLEO page you just need to enter all the same CLEO info that you already have on your saved Responsible Person form on your computer. Photograph. Caliber or Gauge. However, filing electronically may take only a few days to get approval . This is the type of firearm you are applying for: Short-barreled rifle, short-barreled shotgun, silencer, machine gun, AOW, destructive device. [5] If you are going to keep your firearm at more than one place, enter the address of the place where you will keep the firearm most of the time. Additionally, depending on which type of applicant you are (Individual, Trust, Corp, etc. However, this information assists with theefficient completion of the National Instant Criminal Background Check System (NICS) background check. Thisis your social security number. 3f. Correct way would be .338 cal. There is a progress bar at the top showing which page and where you are in the process. In fact, it is so bad that approximately 40% of all Form 1 Applications are rejected or delayed. If you live in one of these areas, you should enter the name of your city in Box 3d. If John is building his SBR from scratch (parts & pieces), his gun trust is the manufacturer. This page has been updated for 41F, These links provide instructions on the ATF forms as of 2019 Form 1, Form 4, Form 5, Form 23. Congratulations! Race. Having a clear and concise ATF Form 5320.23 helps the ATF enter the information when the ATF Form 5320.23 application is received. There is too much info about gun trusts to put everything in this guide. Nothing is this article should be considered as legal advice or legal opinion. I cant tell you what to answer on the second page, just that it must be truthful. Never mind. Note: A copy of the list must be attached to all 3 copies of the Form 1 Application. That, and the fact that the big screen TV is in the bedroom, meant John had to pass on the deal of a lifetime. Nope he entered it correctly, as a 300 B/O rifle shoots a 7.62 MM projectile. Then 30 days later, they receive a letter from the ATF that says: "Your Form 1 Application has been rejected (or delayed) for the following reason(s):", The Name of Authorized Official does not match the name in Box 3b (or Form 23, depending on your applicant type). Select Form 1, Form 4 or Form 5 depending on the type of form you are submitting to the ATF. And, if you want to take your own prints,[35] we have all of the supplies you need. In this example, John decided to call his SBR the "ZOMBINATOR." If he is building a 2nd upper in 300 AAC Blackout, shouldnt he have entered .300 Cal? Or I just need to fill this out once with everyone on the trusts names? If you have a UPIN, you will select the "Yes" box and included your UPIN Number. (DO NOT STAPLE) A single copy of your notarized trust instrument ( including all schedules and amendments) Payment for the amount of the tax ($200) payable to BATFE (unless you entered credit card info on the Form 4) All responsible persons will need to provide a corresponding questionnaire with the Form 1 application. Start of the ATF Form 23 Application - Page 1, ATF Form 23 - Page 1 - Gun Trust Applicant. Content suggesting non-compliance or discouraging NFA ownership will not be tolerated. FBI Form FD-258'sPaper Fingerprint Cards can be ordered from the ATF here for Free. 9b. [18] If you are building a firearm from scratch, you need to create a Serial Number for your new firearm. The directions say: "(if paying by credit/debit card, complete the sections below)". ERROR!!! 9b. I will proceed assuming you are filing under a trust, the steps will vary slightly if you are filing as an individual (not recommended). Sometimes it can be hard to tell the difference between the Model Name and the Serial Number (like it is in the example above). Remember: You are only building from scratch if there arent any Serial Numbers on the frame or lower receiver you are using. x.className = "topnav2"; (Serial Number), the "for the use of the ATF" section at the bottom of Page 2, and Box 12 (Photograph). You only enter a Trade Name if you are submitting your Form 1 as a Corporation (or Other Entity) and you conduct business under a DBA (instead of your official company name). The ATF Form 5320.23 - Responsible Person Questionnairepaperwork requires you to submit fingerprint cards. For some reason the ATF decided your DOB is required, but not worthy of having its own Box #. On the certify page you will select that you certify. You will at least need to fill out anything with an asterisk. While you're there order some of the publications for giggles. Select Corporation if you are applying as a business that is incorporated (has "inc." after its name). Each Form 23 to be sent to the ATF will need to be accompanied by fingerprints of the responsible person taken on 2 FBI (FD-258) fingerprint cards. National Firearms Act (NFA) Responsible Person Questionnaire -Fillable .PDF ATF Form 5320.23. Download ATF Form 5320.23. So, sticking with the "Im not really buying a gun" story, John decides to build his SBR from scratch (parts & pieces). You can find our walk-through guides for these forms below. Country of Birth. 3d. The contact information for that CLEO gets entered in Box 10. Okay, that sounds good, so lets scroll down to the definitions. ATF 5320.1Application to Make and Register a FirearmForm, ATF 5320.4Application for Tax Paid Transfer and Registration of Firearm Form, ATF 5320.5Application for Tax Paid Transfer and Registration of Firearm Form, ATF Form 1 - Page 1 - Gun Trust Applicant, ATF Form 23 - Page 2 - Gun Trust Applicant. Just enter the State where you were born and USA. wont fit, you can enter "See attached page for additional information," then attach a separate page to your application with the details. as shown Box 3b. What does that even mean? From there, its a breeze. Even when the directions arent at odds with one another, they usually only make you more confused than you were before you read them. Its one page with the address to mail your fingerprints along with some info about you and your item. x.className += " responsive"; Yeah thats great and all, but what does it really mean? Some engraving places wont do it without proof of a stamp, Ill just put it that way. The following CLEO notification must also be completed. 3d. are the manufacturer, so you will enter your Name & Address just like you did in Box 3b., except this time you are only required to enter the City & State part of the address (Street & Zip not required). For example, John could enter: El Paso Police Department*El Paso County Sheriffs OfficeEl Paso County District Attorneys OfficeTexas Department of Public SafetyUnited States Attorneys Office for the Western District of Texas, * John can only use the El Paso Police Department as the CLEO if his ranch is located within the city limits of El Paso, Boxes 11-17This is where individual applicants enter their background information. Box 14a Make the appropriate selection. The ATF defines "Caliber" as the diameter of the projectile. The ATF has an eForms website that allows you to eFile form 1 and form 4 firearms including suppressors and SBRs. Listen We try hard to keep our articles (like this one) from being giant "Buy a Trust Shop NFA Gun Trust" ads. If you were born outside of the United States of America, you can leave this box blank. In order to legally obtain a class 3/title 2 weapon, you will need to fill out the ATF Form 5320.23 form and other paperwork. But in Box 20 he will sign his name as: "John Smith" (without adding the "as Trustee" part). Cell phone numbers usually work best, as you always have it on you. But we assure you that simply isnt the case. Check yes or no for each question, make sure to put your state and country of birth and sign and date the bottom. Is where information on the firearm is provided 4E is not submitted to the CLEO like with 3E. Correct way would be .338 cal. Remember: If you are building a firearm from scratch you are not required to use a Model name. If any are added, each person will have to fill out a questionnaire (. ),[11] and Serial Number (4g. You can also purchasethe .EFT File Service here. State of Birth. They will shoot your dog. In some respects, federal firearms licenses are fluid documents that can be changed depending on the growth of your business. Create a Gun Trust with the Trust Shop and use the ATF Form 1 System for free. If purchasing with a NFA Gun trust, you will write the name of the settlor and trustee after that, i.e. Social Security Number(See instructions 3C). As if legislation wasnt hard enough to understand, sometimes the ATF is forced to interpret laws that were left vague. Trusts that are not specifically drafted to hold Title II Firearms, are often worded in a way that even the Beneficiaries (people that will get the firearms when you die) are considered Responsible Persons, which presents a very serious problem for the person that signed their name in Box 7, swearing under penalty of perjury that the application is accurate. This is also where you upload the Jpeg Photo under 3mb in size. ' In the meantime, we recommend following the ATF guidelines, even if you don't agree with them. For example, if you have an individual stamp for a suppressor, only you can use that suppressor. If you entered a PO Box address in box 3b, you have to enter a physical street address in box 3c. Name and Home Address of Responsible Person. 3e. Box 20 is another terribly worded question. Question does the photo have to be a special type of could I just take a picture with my camera and print it on normal paper? [33], Duplex Printing: You used to be required to print all of your application paperwork on both sides of the page. Once completed, scroll down and select Next to be brought to the certify page. Back in September of 2019, the ATF decided that the Form 1 Application wasnt confusing enough, so they made some changes. [19] [20] [21] [22]. You can find templates and write up your own trust. You will also need the ATF Form 23 (5320.23), which is the NFA Responsible Person Questionnaire, only if you are applying for your ATF Tax Stamp with a NFA Gun Trust or corporation. That means he needs to enter the CLEO info for an agency with jurisdiction over his ranch. You may see a warning page when you try to login. This is the caliber or gauge of the NFA firearm you are registering. 923(d)(1)(B). ", Regardless of the unconstitutionality (and complete absurdity) of the question, you are required to provide an acceptable answer. The first 2 pages are sentto the ATF and the second copy without the picture and serial number are sent to the local CLEO. Now, you are asked to sign the Certification box, which says you understand that you are required to send the CLEO Copy of your Form 1 Application to you guessed it the CLEO. Unless you are a corporate law attorney, it is extremely difficult to read a Corporate Charter, Articles of Organization, Operating Agreement, etc., and understand who is, in fact, a Responsible Person. Employees come and go. That means John should enter the address for the ranch in El Paso (he will also need to enter the El Paso address in Box 3b.). Click next to go to the responsible persons page. The codes that must be used for sex, race, eye, and hair color are listed below. Document Number: End of the ATF Form 23 Application - "CLEO COPY" contain the same questions as above. (We told you they were her words. If you have UPIN you know what it is, and you should enter it here. If you are submitting your Form 1 Application as Limited Liability Company (or other legal entity), you will do the same thing that a Corporation Applicant does. But thats not a problem, as he can simply write: "See attached Page for Additional Information" in Box 4h. Your name and home address goes here. [11] If the firearm doesnt have a Model name (many serialized lower receivers dont have Model names), you should enter: NONE. Type of firearm is Silencer. You can read it straight through from start to finish (recommended), or you can jump to a particular section of the form by locating the part of the Form 1 Application that is giving you trouble (using the guide picture above) and scrolling down until you see the orange button that corresponds to that Box #. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. 4c. Even though the directions quite literally tell you (in a ridiculously round-about way) to enter Firearm as the Type of Firearm to be made, we say thats probably not a good idea. If you are filing as an entity, everyone who is considered a Responsible Person in your trust or LLC needs to fill out an ATF 5320.23 Responsible Person Questionnaire. 4h. [6], 3c. You will need to get the trust notarized, but they give you everything you need to add items, add people, remove people, change your address, everything you need relating to a gun trust. End of the ATF Form 23 Application - Page 1, Start of the ATF Form 23 Application - Page 2. People retire, change duties, or move on. Note: Multi-cal is not an acceptable caliber. 3a. This is your country of citizenship. The SSN and UPIN are not required. and add a list of the additional uppers/barrels to his Form 1 Application. 3c. But if they do, you never know, you might learn something interesting about yourself. This information is used to determine, for example, whether the applicant has ever been adjudicated as a mental defective or . You will need to find out who the CLEO (chief law enforcement officer) for your county and enter their departments name, name and title of the official and the agency or department's address. This would lead an intelligent person to believe they dont need to enter anything in Box 20 if they are paying with a Check, Cashiers Check, or Money Order. Just go to the Members Resources page and click on the button that says: "Create an ATF Form 1 Application." Do not list just anyone as a "responsible person." So, it kind of made sense that the directions for Box 1.a. This is your country of citizenship. Seeing as how item 17 is about UPINs, its safe to say we found our first mistake. In this article we discuss the process of filling out the Form 5320.23. Boxes 4b through 4e will be the information from the original manufacturer. This is where you upload your notarized trust documents with the add item to trust page that you already have saved to your computer as a pdf. Generally, the term includes partners, sole proprietors, site managers, corporate officers and directors, and majority shareholders." GET ATF COMPLIANCE GUIDANCE NOW Your telephone number goes here. 3g. Instructions 3C state: "Social Security Number (SSN) and Unique Personal Identification Number (UPIN). Information located within this article isan original guide created by National Gun Trusts and not to be cited or used without the written permission of National Gun Trusts. Note: If you have a caliber like 6.5mm Creedmoor you should list it as 6.5 mm. [13], Because you cant legally assemble your firearm until you receive your Tax Stamp, you will need to estimate this measurement. Name and Address of Applicant or Transferee. Applications that can be approved without investigations or material changes are processed much faster, especially when they need to investigate the background of an additional person. Source: Gutowski, Stephen. So, if you are unsure as to your race, we suggest closing your eyes and pointing a finger (like pin the tail on the donkey). Heres an explanation of responsible persons. 15% OFF Gun Trusts with DISCOUNT CODE "GUNTRUST" - Our Gun Trusts Are On Sale! If you are submitting your Form 1 as a Corporation, or Other Legal Entity, you need to include documentation evidencing the existence and validity of the entity, which includes complete and unredacted copies of partnership agreements, articles of incorporation, corporate registration, declarations, attachments, exhibits, and enclosures. Dont start drilling or combining parts in any way that can be considered intent to manufacture until you receive your approved stamp.
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