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When a trust or other legal entity (including corporations, married couples jointly registering a firearm, etc) must submit ATF Form 5320.1 (“Form 1”), Application to Make and Register NFA Firearm, as the maker, or is identified as the transferee on ATF Form 5320.4 (“Form 4”), Application to Transfer and Register NFA Firearm (Tax-Paid), or ATF Form 5320.5 (“Form 5”), Application to Transfer and Register NFA Firearm (Tax-Exempt), they are not able to submit individualy identifying information for purposes of a background check. As a result, ATF Form 5320.23 is required for any responsible person (as defined in 27 CFR 479.11) who is part of such trust or other legal entity. Forms 1, 4, and 5 are required under the National Firearms Act (NFA).
Military members use ATF Form 5330.3B (“Form 6, part II”) to request approval to import articles described on the application back to the U.S. ATF uses the information on Form 6, part II to determine if the article(s) described on the application qualifies to be imported by the person requesting approval and the form then serves as the authorization for them to import the items. ATF is modifying information collection (IC) OMB 1140-0006 to revise the title of the form for improved readability. ATF is also revising the form to add attachment sheets, at the request of users, to make the form more aligned with ATF Form 5330.3A (“Form 6, part I”), as well as make it easier for applicants with large numbers of item types to include in their applications. The attachment sheets include ones for defense articles and ammunition. The form instructions are also being updated to include current statute and regulation citations, some terminology changes (such as changing `articles' to `firearm(s), ammunition, and defense article(s)'), and contact information updates to provide the most efficient methods of contacting the office. The instructions have also been condensed and reworded for clarity. This revision also includes terminology and grammar updates. This information collection is also being revised to reflect a decrease in the number of respondents since the last renewal, from 400 down to 312 per year, a decrease of 88. This has also resulted in a decrease in the total hourly burden from 200 to 156 total annual hours.
Persons who wish to apply for permission to transfer and register a National Firearms Act (NFA) firearm, and who qualify to do so under one of the statutory tax exemptions, must use ATF Form 5320.5, Application to Transfer and Register NFA Firearm (Tax-Exempt) (“Form 5”). ATF uses the information to determine legality of the firearm transfer under federal, state, and local law. Applicants also use the form to claim an exemption from paying the otherwise-required transfer tax as provided and provide the information necessary to support their claim. In addition, ATF uses Form 5 to effect a transfer resulting from operation of law, for example, a firearm in an estate being transferred to a beneficiary, or a firearm being transferred as a result of bankruptcy. Persons may also use Form 5 to facilitate temporarily conveying a firearm for repair, and its subsequent return. This information collection OMB 1140-0015 is being updated to reflect the estimated number of respondents as well as make minor changes to Form 5 in anticipation of upcoming regulatory changes.
Persons with an NFA firearm must apply to ATF for approval to transfer and register the firearm as required by the NFA (26 U.S.C. 5812). ATF Form 5320.4 (“Form 4”), is the prescribed means for submitting this application, facilitates and records the firearms transfer, and also serves as proof of registration once approved. This information collection OMB 1140-0014 is being revised to reflect the estimated number of applicants per year and make other changes to the Form 4 due to statutory changes to the transfer tax as well as other due to anticipated forthcoming regulatory changes.
Any person other than a qualified manufacturer who wishes to make and register an NFA firearm must submit a written application to ATF on a form prescribed by ATF. 26 U.S.C. 5822. They must also identify the firearm they are making, themself as the maker, and, if an individual, must include their fingerprints and a photograph with the application. In 27 CFR 479.62, ATF prescribed ATF Form 5320.1 (“Form 1”), Application to Make and Register NFA Firearm, for these required purposes. This information collection OMB 1140-0011 is being revised the number of estimated applicants and changes are being made on the form due to statutory changes to the making tax and in anticipation of forthcoming regulatory changes.