Action:
Revision of a Previously Approved Collection
Purpose:
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 § 479.62, ATF prescribed ATF Form 5320.1 (“Form 1”), Application to Make and Register NFA Firearm for these required purposes.
Information Collection (IC) OMB 1140-0011 is being revised to reflect an increase in the number of applicants per year, rising from 25,716 applicants during the last renewal to 148,975, an increase of 123,259. However, there has also been a decrease in the time burden due to changes in technology allowing electronic forms, reducing the number of respondents who must provide fingerprints and reducing the number of copies, allowing electronic fingerprints on-site, reducing respondents who must provide photographs, allowing cell phone photographs, and allowing photocopied identification cards instead, all submitted electronically. In addition, the requirement to complete an extra copy of the form and submit it to local law enforcement is going away, and the fillable forms have made it possible to populate the second copy at the same time as the first copy, both of which reduce the time burden even more. As a result, there has been a corresponding decrease in the burden hours per respondent, from .5 hours to .2 hours each, resulting in a reduction in total annual burden hours from 102,808 to 29,795 (a decrease of 73,013 hours).
The Department is also making the following changes to ATF Form 5320.1 (“Form 1”) due to statutory changes to the transfer tax that was previously required to accompany documents submitted pursuant to this IC: modifying item 1a, which will read: “Tax Paid. Submit tax payment of $200 for each machinegun or destructive device. The making tax may be paid by credit or debit card, check, money order, or throughPay.gov. (See instructions 2.c. and 3)”; modifying item 1b, which will read: “Tax Paid. Tax payment of $0 for other types of firearms does not require completion of item 19.”.
In addition, the Department is making the following changes to Form 1 in anticipation of upcoming regulatory changes, and to make the form easier to read, correct minor errors, and adjust for updated technology: revising the title to be more clear; removing the photo box on the form to allow the option to attach either a passport-style photo or a copy of a photo identification document; combining race/ethnicity items; allowing additional types of electronic/digital signatures; revising the fillable pdf form to link copy 1 and copy 2 so that copy 2 gets populated as the copy 1 is filled in, except for check boxes and signature; adding references to eForms and pay.gov; adding reference to the refund process; removing the CLEO notification requirement and copy; adding instructions for married couples jointly making, transferring, and registering a firearm, as an `other legal entity'; correcting typographical/grammar items; and adding email addresses for different questions: nfa@atf.gov, ipb@atf.gov, & nfafax@atf.gov.
Release Date:
08/08/2025
Comment Period:
08/08/2025 to 10/07/2025
Link to Official Document:
Form :
Effective Date Status:
TBD