atf responsible person form example

Gun Trust Guide [2023] Everything You Need to Know about NFA Trusts And lastly, you will need to enter the method in which you are paying. Thisis yourUnique Personal Identification Number (UPIN). Do not use .338 Lapua. ALL APPLICATIONS EXCEPT FOR an ATF FORM 5 and an ATF FORM 20 MUST BE MAILED TO THE ADDRESS BELOW: NFA Branch If the ATF calls you (this rarely occurs, as they typically send everything via snail mail or email), it will be during business hours. Then, when you fill out ATF Forms, you will enter your UPIN and you wont be delayed or denied. Modifying an Existing Firearm is when you are going to use one of your firearms to make a new firearm. Race. 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). 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. Click next until you reach the Applicant page. )[18] get entered exactly as they are engraved on his Colt M4 Carbine. What does that even mean? All Rights Reserved. is answered incorrectly (checking "No" when it should be "N/A") more often than all of the other incorrect answers put together. If you used the fillable form from above your information that you filled out will propagate through the form. Note: If you have a caliber like 6.5mm Creedmoor you should list it as 6.5 mm. Item 3- Responsible Person information. 3. 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. January 2015 ), (National Firearms Act Handbook Chapters 2.1.1 & 2.1.3), (National Firearms Act Handbook Chapters 2.1.2 & 2.1.4), (National Firearms Act Handbook Chapter 6.2.1), (National Firearms Act Handbook Chapter 7.4.1.1), (National Instant Criminal Background Check System (NICS)). Because John isnt building his SBR from an existing firearm, all of the information in Box 4 will be based on the new SBR. 4e. But that simply isnt the case. Passport photograph. This is the type of firearm you are applying for: Short-barreled rifle, short-barreled shotgun, silencer, machine gun, AOW, destructive device. You can make up the name of the Firearm Model and Firearm Serial Number but put the correct caliber or gauge. Instructions 3C state: "Social Security Number (SSN) and Unique Personal Identification Number (UPIN). Right below that, put your actual name and address along with your email and phone. Then, how do you avoid being part of the 40%. Published By Law Office of David M. Goldman PLLC, How to Purchase a NFA Title II (Class 3) Firearm, Jacksonville Criminal Defense Lawyer Blog, Should I put AR-15 style and other firearms in my Gun Trust, Evacuation with NFA firearms and Form 20 Approval, Iowa (IA) What NFA Firearms can I own? You can find our walk-through guides for these forms below. Use N/A for a Sear. Sounds simple enough, right? Have a JPG or JPEG photo of yourself less than 3mb in size ready in your computer for the eFile process. Though that didnt seem like an altogether unappealing proposition, John knew his wifes wrath would go well beyond separate sleeping quarters if he bought the SBR. Below are the links that is the fillable .PDF version of the ATF Form 5320.23 application. Provide the information for the responsible person in items 3a through 3e. Its one page with the address to mail your fingerprints along with some info about you and your item. This only takes a few minutes usually. Regardless (as we will need to do oh so many times), lets fix the directions for them. More people being responsible means a higher likelihood of compliance and communication with the bureau. Some engraving places wont do it without proof of a stamp, Ill just put it that way. (special instructions from the ATF are here, firearms acquisition and disposition record book. Filled out ATF Form 5320.23. The only accepted formats for photo are JPG and JPEG, or GIF - max allowed file size is 3MB The individual or settlor of the trust name goes here. You can find our walk-through guides for these forms below. The form should be already digitally signed as well. Box 20 is another terribly worded question. 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. On the previous version of the application, Box 17 was for credit card info. This site will have something for everybody! 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. Just go to the Members Resources page and click on the button that says: "Create an ATF Form 1 Application." 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. Responsible Party Name Example Next, fill out the address of maker and item info. (See Example # 3 below).[23]. if you dont live inside a County, Parish, or Borough? 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. ),[7] Model (4d. Even when the directions arent at odds with one another, they usually only make you more confused than you were before you read them. Select Form 1, Form 4 or Form 5 depending on the type of form you are submitting to the ATF. Have the notarized trust paperwork along with the add item page in your trust scanned into your computer as a pdf. After completing the form with your information correctly, a User ID will get auto-generated for you. Any other use, including any commercial purpose, is strictly prohibited without express prior written consent from the Trust Shop. and the date. The Name & Address of Original Manufacturer (4a. Race. Start of the ATF Form 23 Application - Page 1, ATF Form 23 - Page 1 - Gun Trust Applicant. Once completed, scroll down and select Next to be brought to the certify page. Youll end up with two prints for each finger on both hands, one rolled and one pressed. You can make up a name for the manufacturer but put your address. 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. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Portland, Oregon 97208-5015. So lets try to make things bit less confusing, by working our way through Box 4 one section at a time. Most people use a few letters followed by "001" for their first firearm, then "002" for the 2nd, and so on. The wait for ATF Form 1 approval is typically between one and two months with most submissions reporting a turn around of 30 to 40 days. The only time you would ever check Yes is if you are. Weve. ),[11] and Serial Number (4g. 3i. I got mine in the mail after about a week. So even if you are going to use a stripped lower receiver to build your SBR, if there is a SN engraved on the stripped lower, it is considered a firearm. Choosing a selection results in a full page refresh. This is the country that you were born in and might be differentthanquestion 9a. Always select the appropriate method of payment, regardless of how you are paying. 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. 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. 4h. All you have to do is take just the pages that say CLEO Copy on the bottom and mail them to the address on the CLEO form of your chief law enforcement officer. (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 . There are some directions on the Form 1 Application, but most of them dont make any sense.Many of the boxes have individual directions, but they are often contradictory to the directions at the end of the form. Take your time when you are entering your information on the 2nd & 3rd copies of the Form 1, as everything needs to appear exactly as it does on the ATF Copy. The ATF FINAL RULE 2021R-08F was published to the federal register today, 1/31/2023. Type of firearm is Silencer. 3e. Your name and home address goes here. Responsible Person Questionnaire (ATF Form 5320.23). 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. Cover letter with two sets of completed fingerprints mailed out to the provided address. 15% OFF Gun Trusts with DISCOUNT CODE "GUNTRUST" - Our Gun Trusts Are On Sale! We are compensated for referring traffic and business to these companies. In multi-store franchise situations, the store owners are often "responsible persons" on their own licenses, but the corporate managers are not. Some browsers will allow you edit the ATF Form 5320.23 Fillable .PDF within the browser other browsers will require you to download the ATF Form 5320.23Fillable .PDF to yourcomputer and fill out the document from there. Telephone. The term includes a commitment to a mental institution involuntarily. In many cases, its safer to assign more responsible persons than you feel are necessary for your business, just in case theres a problem. 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. 2nd, answer "N/A.". 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. 8. Youll need an ink pad to roll your finger into and then roll your print onto the fingerprint card. You might think this isnt a very common occurrence, but we get this question at least once a month. Certification. Download ATF Form 5320.23. If all of the information you need to enter in Box 4h. If you are building a Silencer, you will enter N/A in Box 4e. [13], Because you cant legally assemble your firearm until you receive your Tax Stamp, you will need to estimate this measurement. This is the manufactures name and address or importer if applicable of the NFA firearm you are registering. Its the computer age, so the natural thing to do when faced with something this confusing, is to look for help on the internet. This box is not required to be filled out. The individual or settlor of the trust name goes here. 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. Everything else is pretty self explanatory, your address or address of your trust. Options are: "American Indian or Alaska Native", "Asian", "Black or African American", "Native Hawaiian or Other Pacific Islander", or "White". But we would be remiss to not point out that applying as a Corporation or Other Legal Entity is a terrible idea. Individuals: Enter your full legal Name and home address. Additional Gun Trust / ATF Paperwork Services Menu. I recommend using a trust to file your form 1 under. Responsible Person Questionnaire (ATF Form 5320.23). Box 15a.- 15f2 is a group of terribly worded questions. These areas include: Baltimore Maryland, St. Louis Missouri, Carson City Nevada, 38 cities in Virginia (bunch of rebels in VA), & some areas in Alaska (populated by: 1 oil pipeline, 2 people, and 8,394,613.2 caribou). But for now, lets focus on the ATF Copy, which looks like this: There are several different ways you can navigate through this article. Country of Citizenship. Heres an explanation of responsible persons. Use N/A for a Sear. However, he doesnt like the idea of sacrificing his M4 to do it. Options are: "Hispanic or Latino" or "Not Hispanic or Latino". Everything is covered in the steps below. Photograph. During the FFL application review, ATF investigators make sure there you have included everyone who should be. u/NationalGunTrusts I have a question on Question 11, should I check yes and list my social security number on the form or am I misunderstanding that? There are some circumstances where the business owner wouldnt be listed as a responsible person on the FFL. Barrel Length This is always the Barrel Length of the firearm you are going to build. Name and Address of Maker, Manufacturer and/or Importer of Firearm. This can actually be done after you eFile, but its better to have them ready to go because you only have 10 days to send these in after you complete the eFile submission. ATF Form 5320.23 - Responsible Person Questionnaire Walk-Through Guide This error occurs when you apply thesame date that your .EFTFile wascreated. It happens so frequently that the ATF doesnt even bother with it anymore. 2. Excellent, /u/nationalguntrusts this will be added to our new how to guides section and credit given to you. Information located within this article is current as of September, 2019. Instead of the paper Form 1 Application, you can go to the ATF eForms website and try your luck with an electronic Form 1 Application. 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). Silencer, SBR, SBS, DD, AOW, and MG posts are all welcome here. I just used the same passport photo that was on my responsible party form that I scanned onto the computer. Usually the Sheriff for your county. Select Add Firearm and a new window will pop-up. John subscribes to the theory: "if one extra upper is good, five extra uppers is better." Just enter the State where you were born and USA. and add a list of the additional uppers/barrels to his Form 1 Application. Ive seen people go ahead and get their tube engraved with the serial number while they wait, but Im not sure how allowed that is. Pay close attention, as this is where many people screw up. He is an avid outdoorsman and frequently spends his weekends hunting at his ranch in El Paso, Texas. Screen 1: Application Applicant Type:Select which applicant you are. Your telephone number goes here. Select Form 1, Form 4 or Form 5 depending on the type of form you are submitting to the ATF. 4f. The ATF Copy of the Form 23 for each responsible person of the trust with photos affixed and fingerprint cards included. If you want to give your new firearm an additional Model name, you will enter the existing Model Name in Box 4d., then enter the new Model Name in Box 4h. And while he sat there feeling low, debating the pros and cons of defying his wife, John had an epiphany. The first 2 pages are sentto the ATF and the second copy without the picture and serial number are sent to the local CLEO. are the Original Manufacturer. Other times, the Original Manufacturer is someone else entirely. Additionally, you get access to all of our other ATF Forms, as well as all gun trust forms. 4c. 3g. Save your User ID, password, and secret question info somewhere. 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. Please be aware that refusal to provide this informationmay result in a delay in the NICS background check process.". You will be brought to the eFile main page. I would create a separate folder somewhere on your computer to keep all the files, photos, suppressor info, and stuff for the eFile organized. Neckbone Armory also participates in affiliate programs with Clickbank, CJ, ShareASale, and other sites. That simply means you need to physically sign your name everywhere a signature is required (you cant photocopy your signature). However, its not smart to wait for the ATF to decide who should be listed as responsible persons. Its best to have an application package as complete as possible before sending it off to the ATF. Enter the Trust Name and address from the Form 1, 4, or 5. This is statethat you were born in. But, the Type (4b. If you are one of those people that will have a panic attack if you dont get to enter "300 AAC Blackout" somewhere on your Form 1 Application, you can add it to Box 4h. [24] But even then, you would most likely use a Form 2, rather than the Form 1. Country of Birth. Otherwise, if you are submitting your Form 1 Application as an Individual, you will complete Boxes 11-17 as follows: Boxes 11a.-11h. if (x.className === "topnav2") { Additionally, depending on which type of applicant you are (Individual, Trust, Corp, etc. Because you cant legally assemble your firearm until you receive your Tax Stamp, you will need to estimate this measurement. Please be aware that refusal to provide this informationmay result in a delay in the NICS background check process.". If you are submitting your Form 1 as an Individual, you will simply sign, print, & date: Or, if you are submitting your Form 1 Application as a Corporation, you will enter you name & title (Member, Partner, Officer, Director, Owner, etc.) On the RP questionnaire, in spot 4b-4e, do I list Century's info and what's found on the gun? Responsible Person's Questions. The ATF defines "Caliber" as the diameter of the projectile. Never mind. Because John owns a "butt-load" of firearms (his wifes words not ours), he has a gun trust (the Smith Family Trust). } else { The PDF will create two copies and should be printed double sided. If you live in one of these areas, you should enter the name of your city in Box 3d. You canbuy the FBI Form FD-258'sPaper Fingerprinting PacketHere. Remember: If you are building a firearm from scratch you are not required to use a Model name. For example, the term "responsible person" has been defined, and certain provisions have made it easier to handle NFA firearms in the estate of a deceased person. Find the form here ATF Responsible Party Form print out however many you need and fill out just the first two pages. In the lines that ask about your FFL and SOT, you are more than likely going to write in N/A (not applicable). 3b. Click Browse and select your completed and ready to go trust file, select Trust under document type, and select add document. (Maybe they could get out of trouble on the technicality that the signature box was in the middle of the form Just a thought). But in Box 20 he will sign his name as: "John Smith" (without adding the "as Trustee" part). Is there any chance your kid has ever used his smart phone for something less than appropriate? Federal explosives laws define a "responsible person" as an individual who has the power to direct the management and policies of the applicant pertaining to explosive materials. 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. For Example: Our buddy John Smith previously signed his name as: "John Smith, as Trustee" (in both Box 7 and the Certification). You can not start manufacturing your suppressor until you get the approved stamp. )[15] are based on the SBR John is going to build. Your email address goes here. Do not list just anyone as a "responsible person." However, this information assists with theefficient completion of the National Instant Criminal Background Check System (NICS) background check. You will need to print the document, sign and then upload for the eForm 1. You canbuy the FBI Form FD-258'sPaper Fingerprinting PacketHere. 3b. 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. If the computer matches your name with the name of a prohibited person, you get denied or delayed. Yep, there are some areas in the U.S. that are not located within a County, Parish, or Borough. Basically make sure you roll your finger in the top two rows and press in the bottom row. 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? For Example: If you got your trust from the Trust Shop. Type of firearm is Silencer. Any responsible person can add another responsible person to the license. [33], Duplex Printing: You used to be required to print all of your application paperwork on both sides of the page. Well according to the ATF C3 (Craziness of Circular Confusion), if you are building something that fits within one of the 8 sub-definitions of Firearm, you are, in fact, building. 4b.Type of Firearm This will always be the type of firearm you are going to build, but what do you enter? We will give it to you: The answer is Individual Applicants. So, to make things less confusing, lets go through Box 3 one section at a time. You can view them below: where you enter the contact info of the applicant. Also, does the ATF accept eSignatures? The only time you would enter anything here is if you have a Federal Firearms License. (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) Our heads are going to explode!! 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. A success pop-up will appear. 9a. If you select the Item not in list box during the eFile process instead of selecting from the list, it could take up to 3 months. Bureau of Alcohol, Tobacco, Firearms and Explosives. The ATF eForm 1 isn't the only form needed to apply for a NFA tax stamp. Please complete item 17.". The responsible party form is required to be filled by everyone in your trust. 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). Options are: "Hispanic or Latino" or "Not Hispanic or Latino". End of the ATF Form 23 Application - "CLEO COPY" contain the same questions as above. These questions are answered in the ATF Form 54320.23 for each responsible person in the gun trust. ), you might need to sign your name differently than normal. Heres a thought: If 40% of all Form 1 Applications are denied or delayed, and nearly all resubmitted/corrected applications are ultimately approved; shouldnt the Form 1 Application be fixed? NOTE: DO NOT check the create new item box. FBI Form FD-258'sPaper Fingerprint Cards can be ordered from the ATF here for Free. 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. But he also wants something that shoots 300 AAC Blackout. On the Applicant page, enter Settlor under the Title of Submitter box and enter the name of your trust under the Trust Name box. I'm submitting one for a Romanian Draco and I've heard so much conflicting info on whether to put the manufacturer or importer on the RP questionnaire, and whether that has to match the Form 1 Line Item info. Enter the name of the business (dont forget the inc., LLC, LLP, etc.) You only need the first 2 pages, the rest is instructions and the CLEO part which wont be needed at this time. You need to upload a Responsible Person form for everyone on the trust along with a picture and all their information. [6], 3c. Certification. Never enter "Multi" or "Multi-cal" If you enter anything other than one specific caliber, your application is 100% Guaranteed to be Rejected. The downside is, you will need responsible party forms filled out and fingerprints for everyone in the trust. 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. 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. 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. If you are filing for ATF Tax Stamp as an individual, then you will not need to fill out this form. ", 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. This is the model of the NFAfirearm you are registering. "Other Country/Countries" box, you areexpected to specify what your country/countries of citizenship is/are. Just sign your name the same way you did in Box 7; and dont forget to add the date. Press question mark to learn the rest of the keyboard shortcuts. This is where you upload the Form 5320.23 Responsible Person form that you have already filled out and saved on your computer.