atf responsible person form example

By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. Ive seen approvals as soon as 28 days, but typically its going to be around 33-35 days. I recommend using a trust to file your form 1 under. This is the serial number that is engraved on the firearm or the serial number that you will engrave on the firearm when you make it, (ATF eForm 1 silencer). While youre reading through this guide, you are going to see a bunch of tiny numbers in red brackets that look like this: [##]. Congratulations! The individual or settlor of the trust name goes here. If you wish to change the people listed as responsible persons on your FFL, you need to notify the ATF. Form 7/ 7 CR - Application for Federal Firearms License (ATF Form 5310.12/5310.16) | Bureau of Alcohol, Tobacco, Firearms and Explosives. So, to make things less confusing, lets go through Box 3 one section at a time. Passport photograph. } The SSN and UPIN are not required. If you are registering a Sear, multi is no longer acceptable. The ATF Form 5320.23 - Responsible Person Questionnairepaperwork requires you to submit fingerprint cards. Do not list just anyone as a "responsible person." Have a JPG or JPEG photo of yourself less than 3mb in size ready in your computer for the eFile process. AR, USCIS, or I-9A Number. That, and the fact that the big screen TV is in the bedroom, meant John had to pass on the deal of a lifetime. Most of the time, you wont enter anything in this box. Were sure youve noticed that every time we refer to one of the copies of the Form 1 Application, the copy name is colored red. It is very difficult to navigate, extremely user unfriendly and it takes absolutely forever to complete, which means you get to watch the little wheel spin, and spin, and spin. Whoever has authority over firearms in the business also has responsibility, as far as the ATF is concerned. 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. Caliber or Gauge. Always select the appropriate method of payment, regardless of how you are paying. Yep, there are some areas in the U.S. that are not located within a County, Parish, or Borough. 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. But we assure you that simply isnt the case. You are, after all, filling out a Form 1 and probably dont have either. Regardless (as we will need to do oh so many times), lets fix the directions for them. 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. Name and Address of Maker, Manufacturer and/or Importer of Firearm. Any applications for a Form 1, Form 4, or Form 5 must now include Fingerprint cards and pictures. 4e. 923(d)(1)(B). 9a. Remember: The ATF says that if there is a Serial Number on the frame or lower receiver, it is considered a firearm. Contains information on where you send the CLEO notification. These questions are answered in the ATF Form 54320.23 for each responsible person in the gun trust. This will drag out your tax stamp and they will background check you even harder. If you select the"Other Country/Countries" box, you areexpected to specify what your country/countries of citizenship is/are. You will get a filled out CLEO form emailed to you later after the eFile. Next, fill out the address of maker and item info. 3g. 3f. You only need the first 2 pages, the rest is instructions and the CLEO part which wont be needed at this time. If you are building a firearm from scratch, you can use any Model name you want. Use all black ink as stated at the top of the fingerprint cards and make sure the following boxes are filled out. 15b. If filing as a trust (recommended) select Trust and click next. 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. New gun trusts only cost $49 and come with unlimited use of the ATF Form System, so you can use it for all of your future Form 1 Applications. So lets try to make things bit less confusing, by working our way through Box 4 one section at a time. You can not start manufacturing your suppressor until you get the approved stamp. Businesses change all the time. Certification. 1st, send a letter to the ATF informing them that the letter "g" was, in fact, available. The ATF Form 5320.23 - Responsible Person Questionnaire formis to be used in conjunction with the ATF Form 1, ATF Form 4, and the ATF Form 5, if you areapplying for a tax stamp with a NFA Gun Trust. The Name & Address of Original Manufacturer (4a. You can find our walk-through guides for these forms below. ) Must be attached to the ATF Copy of the Form 1 Application Must be attached with scotch tape. ", 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. Reddit and its partners use cookies and similar technologies to provide you with a better experience. and the address where the firearm will be stored. And lastly, you will need to enter the method in which you are paying. There are some circumstances where the business owner wouldnt be listed as a responsible person on the FFL. If youre a sole proprietor, you will be your own responsible person. If youre a partnership, youll probably have two persons. FBI Form FD-258'sPaper Fingerprint Cards can be ordered from the ATF here for Free. ERROR!! 2x2 photograph is affixed here with a paper clip. Having a clear and concise ATF Form 5320.23 helps the ATF enter the information when the ATF Form 5320.23 application is received. 7. And, what happens if you accidentaly check "No" rather than "N/A?" 5. The contact information for that CLEO gets entered in Box 10. CLEO documents mailed out to your chief law enforcement officer address. Just because the moderator on the FaceBook Form 1 Builders forum is named "GunMaster2020" and swears he is the end-all-be-all Form 1 guru, that doesnt necessarily make it true. If you need to order cards, you can get pre-filled fingerprint cards from the Trust Shop. FYI: The Trust Shop thinks your DOB is a special day and every bit worthy of having its own box #. Your financial officer may have managerial powers, but since he doesnt deal with firearm sales, he isnt required to be listed as a responsible person. (If that were the case, some companies would have hundreds of people listed on their application.). Enter the Trust Name and address from the Form 1, 4, or 5. Responsible Person's Questions. I cant tell you what to answer on the second page, just that it must be truthful. The individual or settlor of the trust name goes here. 3e. 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. It happens so frequently that the ATF doesnt even bother with it anymore. Telephone. This is one of the most common mistakes made on the Form 1. A formal commitment of a person to a mental institution by a court, board, commission, or other lawful authority. 3d. But what do you enter in Box 3d. You can make up a name for the manufacturer but put your address. Just as with a trust, the important thing to keep in mind is that people are deemed to be Responsible Persons based on their powers, not their title. Begin by choosing your tax status. This is the manufactures name and address or importer if applicable of the NFA firearm you are registering. The responsible party form is required to be filled by everyone in your trust. Firearm Model. Sometimes it can be hard to tell the difference between the Model Name and the Serial Number (like it is in the example above). If you are submitting your Form 1 Application as a Trust, Corporation, or Other Legal Entity, DO NOT enter anything in Boxes 11-17. This information is used to determine, for example, whether the applicant has ever been adjudicated as a mental defective or . Now its time to put these rules into use with some examples.So, without further ado, the Trust Shop presents: John Smith lives in Phoenix, AZ. 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. If John is building his SBR from scratch (parts & pieces), his gun trust is the manufacturer. Silencers dont have a Barrel Length, so John will enter N/A in Box 4e. According to the ATF, the CLEO can be the Chief of Police, the Sheriff, the Head of the State Police, or a State or local district attorney or prosecutor.[27]. Boxes 18 & 19 If you are submitting your Form 1 as an Individual, you will leave these boxes empty. The OAL is the distance between the Muzzle of the barrel and the rearmost point of the firearm. 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? [18] If you are building a firearm from scratch, you need to create a Serial Number for your new firearm. You may see a warning page when you try to login. Use .223 cal or 5.56 MM. National Firearms Act (NFA) Responsible Person Questionnaire -Fillable .PDF ATF Form 5320.23. John says that adding a 2nd upper receiver is "kinda like a toofer! 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. Click next to move on to the Electronic Documents page. Cover letter with two sets of completed fingerprints mailed out to the provided address. If the computer matches your name with the name of a prohibited person, you get denied or delayed. 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. Item 3e - Photograph: The responsible person shall attach, in item 3e on the ATF copy of the form only, a 2-inch by 2-inch frontal view photograph taken within one year prior to the date of the filing of the form. Obviously, much of the information in this article is directly from the ATF Form 1 Application. (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) In multi-store franchise situations, the store owners are often "responsible persons" on their own licenses, but the corporate managers are not. Yeah thats great and all, but what does it really mean? Mike Smith, Trustee. The CLEO Copy is sent to the Chief Law Enforcement Officer (we will go into more detail on this near the end of the article). Options are: "Hispanic or Latino" or "Not Hispanic or Latino". 3e. [28] Instead, you (and all of the other Responsible Persons in your trust, corp, etc.) That way, I can mail this out same day or next day. var x = document.getElementById("myTopnav2"); After successfully submitting your form 1, you will get an email containing a cover letter. Definitely dont start drilling or combining parts in any way that can be considered intent to manufacture. Provide the information for the responsible person in items 3a through 3e. 2nd, answer "N/A.". Please be aware that refusal to provide this information, may result in a delay in the NICS background check process.". We dont know about you, but reading that mumbo-jumbo crap is like reading Chinese! Because the Smith Family Trust is the manufacturer, John will enter the information just like he did in Example #2, with one notable exception. The only time you would enter anything here is if you have a Federal Firearms License. Some engraving places wont do it without proof of a stamp, Ill just put it that way. Basically make sure you roll your finger in the top two rows and press in the bottom row. If you are filling out your ATF Form 1in conjunction with this form, you can visit our ATF Form 1walk-through guide here. The ATF Copy 2 To Be Returned To Registrant is the copy of the Form 1 that will be returned to you with your Tax Stamp affixed in the upper right hand corner of Page 1. Add another line item for every suppressor you are adding to your trust and applying for a tax stamp for in this eFile form. Source: Gutowski, Stephen. This is statethat you were born in. Date of Birth. If the ATF calls you (this rarely occurs, as they typically send everything via snail mail or email), it will be during business hours. Here is the link to a blank 5320.23 in a PDF. 9b. x.className += " responsive"; View Original ATF Form 5320.23 - Responsible Person Questionnaire Walk-Through Guide Here, ATF Form 23 - Page 1 - Trust, Corporation or Other Legal Entity Applicant, ATF Form 23 - Page 2 - Trust, Corporation or Other Legal Entity Applicant. If you select the"Other Country/Countries" box, you areexpected to specify what your country/countries of citizenship is/are. Instead, you should enter: Short Barrel Shotgun, Short Barrel Rifle, Any Other Weapon, Destructive Device, or Silencer. The Rules of Behavior for ATFs eForms System must be accepted every 12 Months. For example, I ordered a few personal firearms records and the NFA Branch brochure while says that their goal is to process applications inside 90 days! John subscribes to the theory: "if one extra upper is good, five extra uppers is better." Thisis yourUnique Personal Identification Number (UPIN). For example, you might not list yourself on the FFL if you were in the process of selling the business but the license had to be renewed before the sale processed. The ATF defines "Caliber" as the diameter of the projectile. Now, eforms applications and paper applications are processed at nearly the same rate. They dont give the greatest instructions though. [24] [25], 4k. Box 13 You are not required to enter your Social Security Number. For that matter, we have. 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. This is your ethnicity. The only difference is that the titles of the Responsible Persons in a Corporation (or Other Legal Entity) are usually different. Commonlyreferred to ATFForm 23. John figures the best way to avoid angering his wife any further, is to keep her from hearing all of the gun shots coming from the back yard. Social Security Number(See instructions 3C). Enter the name of the business (dont forget the inc., LLC, LLP, etc.) ATF E-Form 1 (5320.1) Revised November 2018. Options are: "Hispanic or Latino" or "Not Hispanic or Latino". Telephone. Country of Citizenship. A new page will appear that you need to fill out with all your information. (See Example # 3 below).[23]. According to the ATF, a Responsible Person is anyone that "Possesses the power to receive, ship, transport, deliver, transfer or otherwise dispose of a firearm." I will proceed assuming you are filing under a trust, the steps will vary slightly if you are filing as an individual (not recommended). [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. 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). You just need to write to the appropriate Federal Firearms Licensing Center (use this map to determine which is right for you). First, check the ATF Form 1 box at the top, fill out applicant name using the name and address of your trust. 4h. This box is not required to be filled out. 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). Summary: Two of the three significant changes by the ATF increase the burden on the use of NFA trusts. If you want to know more about Destructive Devices you can check out the list of sources at the end of this article. The downside is, you will need responsible party forms filled out and fingerprints for everyone in the trust. 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. 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. Other names used. Review of Items to Include With Your Submission. First, check the ATF Form 1 box at the top, fill out applicant name using the name and address of your trust. 4b.Type of Firearm This will always be the type of firearm you are going to build, but what do you enter? 7. Fill out the following: If you need the last 4 of your zip use this, USPS Zip Code Lookup, just type in your address and it tells you your zip code. And while he sat there feeling low, debating the pros and cons of defying his wife, John had an epiphany. Please be aware that refusal to provide this informationmay result in a delay in the NICS background check process.". Complete Guide. And, some information is required in certain situations, but not required in other situations. If you already have fingerprint cards (or if you bought cards from John Law, you can click on this link to our article titled: How to fill out Silencer and SBR Fingerprint Cards for help with entering the correct info on the top half of the cards. **Updated January, 2023 with the most current ATF 5320.23 information. This happens all the time, but some people experience this SNAFU more often than others. One of the most commonly misunderstood terms in firearm sales is the responsible person. The ATF adjusted their definition of this term back in 2013, so even if youve heard it before, you should revisit it. State of Birth. 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. Additional paper with applicable information for all sections that require a yes answer. I had to google this info for my county. Form Type. 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. Enter a phone number where the ATF can contact you if they have questions about your application. Basically, anyone who will have management power of your business in regards to firearms should be listed as a responsible person. This person will have authority to speak with the ATF, apply for renewal, and even change the license. 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. If you are filing for ATF Tax Stamp as an individual, then you will not need to fill out this form. In this article we discuss the process of filling out the Form 5320.23. 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. 4c. Information located within this article is current as of June, 2018. It may take a bit to load while your trust pdf is uploaded. [19] [20] [21] [22]. 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). 3i. a. Photograph. ALL APPLICATIONS EXCEPT FOR an ATF FORM 5 and an ATF FORM 20 MUST BE MAILED TO THE ADDRESS BELOW: NFA Branch Having a clear and concise ATF Form 5320.23 helps the ATF enter the information when the ATF Form 5320.23 application is received. Most people do one at a time, so only one line item is needed. The requirements for your picture are as follows: Must be 2" x 2" Must be recent (taken within the past year) Must be Passport Style (full face view from the shoulders up) Must have the last 4 #s of your Social Security Number written on the back Head & Face must be unobstructed (no hats, scarfs, etc. [13], Because you cant legally assemble your firearm until you receive your Tax Stamp, you will need to estimate this measurement. But is there any reason they couldnt get the words "Government" and "Entity" on the same line? Correct way would be .338 cal. Common Causes and What Can be Done to Prevent It, Why a Glock Will Stovepipe: Failure to Eject Issues Resolved, Which Revolver Is Most Powerful? b. At the bottom of page 2 You should sign the document as a trustee . And, if you are applying as a Gun Trust, Corp., or Other Legal Entity, you will want to look at our article titled: How to fill out the Form 23. The ATF Form 5320.23 - Responsible Person Questionnaire formis to be used in conjunction with the ATF Form 1, ATF Form 4, and the ATF Form 5, if you areapplying for a tax stamp with a NFA Gun Trust. The same two fields are obscured on the CLEO Copy, as well as a few additional fields; including: Box 4.g. Use a pen! You can download the original Bureau of Alcohol, Tobacco, Firearms and Explosives ATF Form 5320.23 and our example filled out form below. Commonlyreferred to ATFForm 23. A success pop-up will appear. Box 1 Always select Box a. 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. If purchasing with a NFA Gun trust, you will write the name of the settlor and trustee after that, i.e. If you arent building a destructive device, you dont enter anything in Box 4j. Caliber Always enter the caliber (or gauge) of the firearm you are going to build. This is your country of citizenship. When you apply for an ATF eForm 1 tax stamp application and using an .EFT File, you will still receive a cover letter. When you are building a firearm from scratch, you (or your trust, corp, etc.) So, here is the deal: The way the NCIS (National Instant Criminal Background Check System) works is that your name gets run through a giant data base. If you arent paying with a credit/debit card, do not sign Box 20. Note: Do not purchase a fuel filter kit before you receive your Approved Form 1 Application unless, of course, you have fuel that needs to be filtered , Boxes 5 & 6 Leave Boxes 5 & 6 empty. In fact, it is so bad that approximately 40% of all Form 1 Applications are rejected or delayed. Its one page with the address to mail your fingerprints along with some info about you and your item. Fillable .PDF to yourcomputer and fill out the document from there. There are many reasons that Filling out the Form 1 (Application to Make and Register a Firearm) can be a really frustrating process, even for people that have previously submitted Tax Stamp Applications. 3h. Knowing that $3000 was a steal of a deal, John said: "Throw in your March 1980 Bo Derek Playboy and you have a deal. Only $49 - Get your Gun Trust Now You can take your own fingerprints or have them done at by the cops. If you receive this error there is an issue with the date that your .EFT File was created. 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. You can learn more about Bitcoin here. Options are: "United States of America" or "Other Country/Countries." So, lets run that garbage through the Trust Shop translator program and see what we get: ERROR! The ATF occasionally sends email correspondence, so make sure to enter an address for an email account that you check on a regular basis. Do not use slang here. Type of Destructive Device This is hands-down the stupidest and most poorly worded question on the Form 1 Application (and that is saying something). Thats because a 300 B/O rifle shoots a 7.62 MM diameter projectile. We walk you through the entire process. As if legislation wasnt hard enough to understand, sometimes the ATF is forced to interpret laws that were left vague. Law Enforcement Notification. Just click on this link to the Fingerprint Card Order Form. The best answer we can give is that you should enter the next smallest political subdivision after country. "Permanently" attached means it is welded, staked, or pinned to the barrel. 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. 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. Theyve created a lot of misinformation. you would complete Boxes 7-9 like this example. [33], Duplex Printing: You used to be required to print all of your application paperwork on both sides of the page. (We told you they were her words. However, this information assists with the, efficient completion of the National Instant Criminal Background Check System, background check. [10] If you have additional uppers/barrels, we will explain how to add that information later on. Systematic retrieval of data or other content from the Article, whether to create or compile, directly or indirectly, a collection, compilation, database or directory, is prohibited absent express prior written consent from the Trust Shop. Because John isnt building his SBR from an existing firearm, all of the information in Box 4 will be based on the new SBR. Instructions 3C state: "Social Security Number (SSN) and Unique Personal Identification Number (UPIN). But that simply isnt the case. Right below that, put your actual name and address along with your email and phone. 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. Not only is this nonsensical, but believe it or not, these 3 boxes cause nearly as many application rejections as the others. Trusts: Do not enter your name in Box 3b. After clicking next, you will be brought to the last page of this line item where you can attach other files for this line item. All Rights Reserved. ", And thats when the figure lurking in the corner (Judy) spoke: "If you buy one more gun this month, youll find yourself sleeping on the couch!". Enter the name of the County, Parish, or Borough where you live. How Is An ATF Form 1 Filed Using a Paper Application? Pay close attention, as this is where many people screw up. Generally, the term includes partners, sole proprietors, site managers, corporate officers and directors, and majority shareholders." GET ATF COMPLIANCE GUIDANCE NOW ),[7] Model (4d. Use N/A for a Sear. This needs to be delivered within 10 days of filing your form 1 online. Save your User ID, password, and secret question info somewhere. Most of the work for eFiling is getting everything ready ahead of time so when you go to file it can be all done in one sitting. 3i. Sounds simple enough, right? Heres a video overview of the entire process with all the steps and links youll need below: Youll need to order at least two sets of fingerprint cards and fill them out. Youll need: I recommend setting up a trust if you dont have one, it makes everything easier to organize especially if you plan on sharing your suppressor or having multiple suppressors. Here is a link to a completed 5320.23 that can be used as a template to help you complete your blank forms. Right below that, put your actual name and address along with your email and phone. This is your race. But if they do, you never know, you might learn something interesting about yourself. You will need to upload a photo of yourself less than 3mb during the eFile process.

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