They will be expected to uphold all of the responsibilities as the license holder, and can even be subject to potential penalties (license revocation, fines, and even prison time for extreme violations). Filling out the ATF Form 5320.23 with the Fillable .PDF version is the easiest way to create an accurate ATF Form 5320.23. The responsible persons line on ATF Form 7 (your FFL application) can be a bit confusing. We seek to expand general understanding of the laws collectively referred to as the National Firearms Act and their implications for gun owners and citizens of today. However, filing electronically may take only a few days to get approval . [12], However, unlike Model names, Serial Numbers are always required; and they need to be compliant with the ATFs rules & regulations on Serial Numbers. This form is to be used in conjunction with the ATF 5320.1Application to Make and Register a FirearmForm,ATF 5320.4Application for Tax Paid Transfer and Registration of Firearm Form, or the ATF 5320.5Application for Tax Paid Transfer and Registration of Firearm Formand is only to be used when registering a NFA firearm with a NFA Gun Trust or as a legal entity/corporation. But for the most part, the Form 23 is the same as the questions you skipped on the Form 1 (Boxes 11-17). 4f. The ATF copy of the form, with fingerprints on Form FD-258 and photograph, will be submitted with the ATF Form 1, 4, or 5 (to the address shown on the specific form) and the other copy will be directed to the responsible person's chief law enforcement officer. All Rights Reserved. Okay, you get the point, the directions dont make any sense at all. I cant tell you what to answer on the second page, just that it must be truthful. Here we go, finally. The SSN and UPIN are not required. The only time you would ever check Yes is if you are. The ATF Form 5320.23 - Responsible Person Questionnaire form is to be used in conjunction with the ATF Form 1, ATF Form 4, and the ATF Form 5, if you are applying for a tax stamp with a NFA Gun Trust. In your letter, include fingerprint cards (special instructions from the ATF are here) and photographs, as well as personal information: full legal name, position, social security number, home address (including addresses the person has had for the last five years), country of citizenship, place of birth (city and state or foreign country), date of birth, race and ethnicity, sex, and home telephone number. ERROR!! If you are submitting your Form 1 as a Trust, you need to include a complete copy of your trust documents, including all amendments, attachments, schedules, exhibits, etc. Next, you will need to add any Responsible Person you wish to be on your application. Use Discount Code: NECKBONE to get 5% off at National Gun Trusts. It is very unlikely the ATF is going to take a day trip to Staten Island to dig through the immigration archives. 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. If you wish to change the people listed as responsible persons on your FFL, you need to notify the ATF. Mike Smith, Trustee. Dont start drilling or combining parts in any way that can be considered intent to manufacture until you receive your approved stamp. Download ATF Form 5320.23 Filled out ATF Form 5320.23 Example. You just need to write to the appropriate Federal Firearms Licensing Center (use this map to determine which is right for you). The truth of the matter is that we are, (FYI: We are about 99% sure that theoryish isnt actually a word. If, and only if you are building a destructive device, you need to indicate whether the destructive device is a Firearm or an Explosive. This needs to be clear and easy to tell it is you. Here are examples for each applicant type: If you are submitting your Form 1 Application as a Gun Trust, you will sign your name followed by the title you use in your trust. You can find our walk-through guides for these forms below. It all depends on what you are going to build. [6], 3c. You will need to print the document, sign and then upload for the eForm 1. There isnt a Definition 2k, but we are fairly certain they meant Instruction 2k, so lets look at it: Alright Lets scroll back up and find the Definition for Types of NFA Firearms. Thats because each type of applicant (Gun Trust, Corporation, Individual, etc.) "Responsible person. If you are filling out your ATF Form 4 in conjunction with this form, you can visit our ATF Form 4 walk-through guide here. 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. Options are: "Hispanic or Latino" or "Not Hispanic or Latino". Barrel Length This is always the Barrel Length of the firearm you are going to build. 2nd, answer "N/A.". They give you little 22 photos for a few bucks each. After successfully submitting your form 1, you will get an email containing a cover letter. You are requesting access to the ATFs eForms System from the Bureau of Alcohol, Tobacco, View the ATF's Official eForm 1FINAL RULE 2021R08F Walk-Through Guide Here You can answer the yes or no questions without messing up anything, but you dont need to if you filed with a trust. Please be aware that refusal to provide this informationmay result in a delay in the NICS background check process.". How to fill out a Form 1 (when building Silencers & SBRs), How to fill out a Form 4 (when buying Silencers & SBRs), How to fill out the Form 23 (Responsible Person Questionnaire), How to fill out a Form 20 (when traveling with NFA Firearms), How to fill out the ATF Form 1 Application, How to fill out the ATF Form 4 Application, How to complete Silencer & SBR Fingerprint Cards, How to fill out the Responsible Persons paperwork (Form 23), Form 23 (Responsible Persons Questionnaire), Form 20 (when traveling with NFA Firearms), Assignment (Add firearms to your Gun Trust), Memorandum of Contribution (Document use of personal funds), How to fill out Silencer and SBR Fingerprint Cards, (U.S DOJ ATF FFL Newsletter October 2019 edition), (ATF eFormsNews Volume 2, Issue 1. Just put the name of the sheriff office, address to the sheriffs office, and the name and title of the sheriff. But the important thing to keep in mind is that people are considered Responsible Persons based on their powers, not their title. ),[7] Model (4d. From there, its a breeze. You will start by navigating to the ATF's eForms site. Complete Guide. First, check the ATF Form 1 box at the top, fill out applicant name using the name and address of your trust. During the application process, the ATF will ask questions about your business and may require certain individuals to be listed on the application. 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. Mail your fingerprints along with this cover letter to the address provided on your cover letter. 3e. Because the Smith Family Trust is the manufacturer, John will enter the information just like he did in Example #2, with one notable exception. Step by Step Walk-Through Guide for the ATFForm 5320.23 ResponsiblePersonQuestionnaire. Some engraving places wont do it without proof of a stamp, Ill just put it that way. You can view them below: A success pop-up will appear. Then, when you fill out ATF Forms, you will enter your UPIN and you wont be delayed or denied. Unique Personal Identification Number(See instructions 3C). 9c. 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). 100% Guaranteed Form 1 Application Approval! These answers will very and similar to the ATF Form 4473 questions. Yeah thats great and all, but what does it really mean? You can download the original Bureau of Alcohol, Tobacco, Firearms and Explosives ATF Form 5320.23 and our example filled out form below. John wants to convert his Colt M4 Carbine into a Short Barreled Rifle (SBR). 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. Have a JPG or JPEG photo of yourself less than 3mb in size ready in your computer for the eFile process. 9a. Paying will bring you to another page where you enter all your card and payment info. Any other aliases that you use. Lets cut to the chase and get straight to the answer. If you are filling out your ATF Form 1in conjunction with this form, you can visit our ATF Form 1walk-through guide here. Remember: If you are building a firearm from scratch you are not required to use a Model name. In the why you intend box just put Lawful Purposes or Investment and All Other Lawful Purposes. Generally, the term includes partners, sole proprietors, site managers, corporate officers and directors, and majority shareholders." GET ATF COMPLIANCE GUIDANCE NOW I'm curious to see if your application had any problems. 3b. Most people do one at a time, so only one line item is needed. Box 14b on the other hand, may not be quite as obvious for many people. Okay, that sounds good, so lets scroll down to the definitions. [10] If you have additional uppers/barrels, we will explain how to add that information later on. Boxes 7,8 & 9 Simply Brilliant You are 1/3 of the way done with your Form 1 Application and the ATF wants you to sign your name, swearing (under penalty of perjury) that your application is complete & accurate. Usually the Sheriff for your county. That means he needs to enter the CLEO info for an agency with jurisdiction over his ranch. We walk you through the entire process. Overall Length This is always the overall length of the firearm you are going to build. 9b. Plus, I named my kids as the beneficiary of the trust so the items dont get donated to big brother when I die. Because Johns wife put the kibosh on "buying" any more guns, John has the brilliant idea of "building" a 2nd upper receiver to use on his Colt M4 Carbine SBR. How Is an ATF Form 1 Filed Electronically? This is the model of the NFAfirearm you are registering. 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. NOTE: DO NOT check the create new item box. ATF FINAL RULE 2021R-08F Published to Federal Register, ATF Says Imported Braced-Guns Can be Registered, Rule to be Published Next Week, ATF Form Video Walk-Through Instruction Guides. 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. Anyone with management power of your business in regards to firearms is a responsible person., Note that you dont have to list persons who arent associated with firearms. ),[10] Barrel Length (4e. Other times, the Original Manufacturer is someone else entirely. 4i.Reason for making Apparently the 2nd Amendment actually says: "The right of the people to keep and bear Arms, shall not be infringed(but only if you have an acceptable reason). Your SSN number is not required but they say it helps get your stamp quicker. Check yes or no for each question, make sure to put your state and country of birth and sign and date the bottom. John subscribes to the theory: "if one extra upper is good, five extra uppers is better." Responsible Person's Questions. They dont give the greatest instructions though. Options are: "Hispanic or Latino" or "Not Hispanic or Latino". Just sign your name the same way you did in Box 7; and dont forget to add the date. Register with the ATF eForms here: https://eforms.atf.gov/ This is also the same page you log in to your account and start the eFile in a later step. Please be aware that refusal to provide this informationmay result in a delay in the NICS background check process.". Part of the reason the Form 1 is so difficult to complete is that the Application is extremely confusing, poorly worded, and it contains many inconsistencies. Thisis yourUnique Personal Identification Number (UPIN). Upload all completed & signed Responsible Party Forms (ATF Form 5320.23) to your computer ATF Form 5320.23 - Example of completed Form 5320.23 ; Save a scanned photo of each trustee saved to your computer. So, to make things less confusing, lets go through Box 3 one section at a time. You will then get a cover letter and CLEO doc in your email. You will also need to provide a physical address. When you sign your documents, make sure that all signatures are original. Enter a phone number where the ATF can contact you if they have questions about your application. Do not staple. The Rules of Behavior for ATFs eForms System must be accepted every 12 Months. Because hell only be using the SBR when he is at the ranch (which is nearly every weekend), and because Jane caught him filling out a Form 1 Application (meaning he will likely be at the ranch on a more permanent basis), John decides the SBR should stay at the ranch full-time. Every Responsible Person needs to submit 2 FBI Form FD-258 Fingerprint Cards. Press J to jump to the feed. If the ATF investigates and discovers that the responsible person quit last month, you may receive a violation. This is your ethnicity. But we would be remiss to not point out that applying as a Corporation or Other Legal Entity is a terrible idea. Responsible Party Name Example Next, fill out the address of maker and item info. End of the ATF Form 23 Application - Page 1, Start of the ATF Form 23 Application - Page 2, ATF Form 23 - Page 2 - Gun Trust Applicant. Regardless, if you are a citizen of the Red, White, & Blue, check the box next to "United States of America." Start of the ATF Form 23 Application - Page 1. You will now have an item under the Submitted/In Process section of your eForms dashboard. Law Enforcement Notification. Just remember if you see an 800 # from West Virginia, dont auto decline the call, as it is likely the feds looking for additional info. ' In the meantime, we recommend following the ATF guidelines, even if you don't agree with them. 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 #. Theres no official definition in the Gun Control Act of 1968, so we have to go by the ATFs interpretation from 18 U.S.C. If you are applying as a trust, Box 18 will be the number of people that fall under the definition of a "Responsible Person" and Box 19 will list each Responsible Persons name on one of the lines. That way, I can mail this out same day or next day. "10". Absentee owners are another example; their general managers would be considered responsible. Everything else is pretty self explanatory, your address or address of your trust. I don't have a printer scanner, but have adobe pro so could do this all pretty easily if they take e signature. 9b. Caliber or Gauge. If you used the fillable form from above your information that you filled out will propagate through the form. As an individual filling out the form, you will need to attach an additional sheet of paper that provides any further details requested from Form 1. 15a. So, lets run that garbage through the Trust Shop translator program and see what we get: ERROR! So, in many cases we found the true source of the information in the National Firearms Act Handbook, the U.S. Code of Federal Regulations, the Gun Contol Act, the Firearm Owners Protection Act, the National Firearms Act, the ATF website, and even on the Federal Bureau of Investigation website. Screen 1B: Form 5320.1 Intended Use of Form: ),[11] and Serial Number (4g. Please complete item 17.". Answer any other questions pertaining to you and provide the ATF with any numbers requested on the form. In most trusts the Responsible Persons are the Settlor, Grantor, Creator, Trustee, & Co-Trustees. If you need to order cards, you can get pre-filled fingerprint cards from the Trust Shop. When you apply for an ATF eForm 1 tax stamp application and using an .EFT File, you will still receive a cover letter. The first 2 pages to to the ATF and the second copy without the picture and serial number are sent to the local CLEO. Instructions 3C state: "Social Security Number (SSN) and Unique Personal Identification Number (UPIN). They will shoot your dog. [4] Even if your trust shows your home address (or any other address), you must enter the address where you are going to keep the firearm. Do Not staple your picture to the application. 5. 3. If you were born outside of the United States of America, you can leave this box blank. Updated 3/31/16, Jews for The Preservation of Firearms Ownership, USA Carry - Concealed Firearm Permit Information and Resources. After selecting the ATF eForm 1, you will need to agree to the below statement. Country of Citizenship. I like to save the application number from the successful submission pop-up just in case theres a problem. This is the 5320.1 (very similar to the 5320.23) it looks almost exactly like the 5320.23 Responsible Person form, except it will be all filled out by the ATF with the info you submitted during the eFile. Commonlyreferred to ATFForm 23. Unique Personal Identification Number(See instructions 3C). Box 4c - Caliber or Gauge Enter either the Caliber or Gauge in this field. The individual or settlor of the trust name goes here. If you dont have a UPIN, you obviously wont enter anything. Note: If you have a caliber like 6.5mm Creedmoor you should list it as 6.5 mm. Depending on which type of applicant you are, the way you enter your contact information can vary. However, this information assists with theefficient completion of the National Instant Criminal Background Check System (NICS) background check. Silencer, SBR, SBS, DD, AOW, and MG posts are all welcome here. Note: If you are paying close attention, you are probably wondering why John entered 7.62 MM as the caliber of the 2nd upper receiver. If the ATF calls you (this rarely occurs, as they typically send everything via snail mail or email), it will be during business hours. (ii) If the Director determines that the responsible person or employee is one of the persons described in any paragraph of section 842(i) of the Act (see 555.26), ATF will notify the employer in writing or electronically of the determination and issue to the responsible person or the employee, as the case may be, a document that confirms the determination; explains the grounds for the . You have all the stuff ready to go in a folder on the computer; the trust pdf, the responsible person pdf, the photo, you registered for eForms, and your 2 fingerprint cards are filled out and ready to go. But what do you enter in Box 3d. For example: If you were born in Italy, you can enter the name of the "Region" where you were born. Click Register and you will then be brought to a thank you for registering page. Weve. Country of Birth are easy if you were born in the US. This is your date of birth. Youll need an ink pad to roll your finger into and then roll your print onto the fingerprint card. Not only is this nonsensical, but believe it or not, these 3 boxes cause nearly as many application rejections as the others. 3a. 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. For a complete explanation of Responsible Persons, you can click on this link to our article titled: Who is a Responsible Person. The following CLEO notification must also be completed. 15b. [19] [20] [21] [22]. If you arent paying with a credit/debit card, do not sign Box 20. Serial Number If you are modifying a firearm, you are required to use the Serial Number that is already engraved on the firearm. Name and Address of Applicant or Transferee. ALL APPLICATIONS EXCEPT FOR an ATF FORM 5 and an ATF FORM 20 MUST BE MAILED TO THE ADDRESS BELOW: Mailing Address NFA Branch P.O. Firearm Model. Use N/A for a Sear. 4j. Before you start tossing stuff in the mail, there are some things you need to do: If you are submitting your Form 1 as a Trust, Corporation, or Other Legal Entity, all of the Responsible Persons need to fill out two copies of the Form 23 (National Firearms ACT Responsible Person Questionnaire). These questions will be addressed on the ATF Form 1 5320.1, ATF Form 4 5320.4, or the ATF Form 5 5320.5 that you are filling out. Box, but youre still going to need to show where you live so that the ATF can come to inspect your gun or suppressor if they so desire. Because John owns a "butt-load" of firearms (his wifes words not ours), he has a gun trust (the Smith Family Trust). Gun laws and regulations can be confusing. Whoever has authority over firearms in the business also has responsibility, as far as the ATF is concerned. 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). Do you remember when we told you that every time you build a Silencer, SBR, or other NFA Firearm, you are required to complete 3 copies of the Form 1 Application? The ATF official responsible for the issuance and renewal of licenses and permits under this part. Ethnicity. Seeing as how item 17 is about UPINs, its safe to say we found our first mistake. You can find our walk-through guides for these forms below. In an LLC, anyone who is listed a manager is likely a responsible person., In some cases, large businesses add key employees to their license. Do not use .338 Lapua. Type of Firearm. No further explanation is required. Options are: "United States of America" or "Other Country/Countries." 3a. And half of the time it only stops spinning because the eForms system freezes up. You will get a filled out CLEO form emailed to you later after the eFile. Box 20 is another terribly worded question. If you have UPIN you know what it is, and you should enter it here. Needless to say, the missed opportunity to expand his meager firearms collection (as well as the hangover induced migraine) sent John into a downward spiral of "I dont own an SBR" depression. Any applications for a Form 1, Form 4, or Form 5 postmarked on or after July 13, 2016 must also include Fingerprint cards and pictures. ), you might need to sign your name differently than normal. Thats because most of the info on the web is incorrect, inaccurate, or incomplete. Box 3 is a grouping of six questions (3a.- 3f.) Highlighted in orange below are the only sections of the fingerprint card that need to be filled, out along with the prints section. Please be aware that refusal to provide this information, may result in a delay in the NICS background check process.". Telephone. 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. Type of firearm is Silencer. Fillable .PDF to yourcomputer and fill out the document from there.