Using Your Gun Trust to Build an SBR
Like all ATF forms, the Application to Make and Register a Firearm (ATF Form 1/5320.1) can seem complicated and confusing. This guide will walk you through the process.
Important Information for ATF Forms.
ATF Form 1 must be completed using blue or black ink and all signatures on the documents that you submit must be originals. The Form 1 must also be printed on front and back. The ATF will reject it if it is printed one-sided. This applies to any copies of Form 1 that you are required to submit. However, the gun trust should be printed one-sided.
When you submit the completed form, you will be required to submit 2 copies of Form 1 (both originals), a copy of your gun trust and any amendments, a copy of the completed ATF Form 5320.23 (Form 23) for each Responsible Person in your trust (see #15 below), and a check or money order for $200 made payable to ATF to the following address:
National Firearms Act Branch
Bureau of Alcohol, Tobacco, Firearms and Explosives
P.O. Box 530298
Atlanta, GA 30353-0298
You are also required to submit a copy of the completed Form 1 to your local law enforcement agency (see #10 below).
Form 1 Checklist.
The following is a step-by-step checklist to assist you in completing your Form 1:
1. Type of Application.
Unless the firearm is being made on behalf of the United States government or an official police organization or government agency, you will check the first box (Tax Paid).
2. Applicant.
If you have a gun trust or a corporation, select the middle box that says “Trust or Legal Entity.”
3. Applicant’s Information.
Enter the name of your gun trust and the address where the item will be stored. This is not necessarily the address of your gun trust.
Make sure to enter the name of the “county” (or parish) in which you reside. This section is notorious for fooling applicants, because people often think it says “country” such as the United States and this is NOT what they are asking for in this section.
4. Description of Firearm. (This section of the form contains the most detailed information.)
a. Name and Address of Original Manufacturer and/or Importer of Firearm. Enter the manufacturer’s name. If you are the manufacturer, then enter the name of your gun trust.
If an existing firearm or firearm receiver is being used, the name and location of the original manufacturer of the weapon should be entered into 4(a) and the existing serial number should be entered into 4(g);
If the applicant is making an entirely new firearm, the applicant’s name and location should be entered into 4(a) and the applicant must assign a new, unique, serial number (must have at least one number, cannot be all alpha characters) and enter it into 4(g)
b. Type of Firearm to Be Made. Enter the type of firearm e.g., SBR, SBS, AOW, DD, machine gun, suppressor.
c. Caliber or Gauge. Enter the caliber or gauge.
If you want to list additional calibers, you must attach a letter including the different configurations to your Form 1, stating the overall length, barrel length, and caliber as they relate to the firearm listed on your Form 1. You may submit this letter later if you decide to change the configuration after the submission or approval.
Write the initial caliber for the first configuration you intend to build. Only one caliber designation should be listed and you should not write “multi.” If you have additional calibers you want to list, you should attach additional configurations in a letter attached to your Form 1 stating the caliber, barrel length, and overall length as related to the firearm listed on the Form 1.
d. Model. Enter the model number of the firearm.
If you are manufacturing your own, you will need to create a model number. If a model designation has been assigned to the firearm, that designation should be entered into 4(d) (if not, enter “none”).
e. Length of Barrel. Enter the barrel length.
If your firearm includes as flash suppressor, you must include it in the length if it is pinned and welded. You may only list one barrel here. For a suppressor, enter “N/A”.
The barrel length is from the closed bolt (or breech-face) to the furthermost end of the barrel or permanently attached muzzle device. For weapons made from a shotgun or rifle, the barrel length is the distance between the muzzle of the barrel and the rearmost portion of the weapon measured on a line parallel to the axis of the bore.
Write the initial barrel length for the first configuration you intend to build. Only one barrel length designation should be listed and you should not write “multi.” If you have additional barrel lengths you want to list, you should attach additional configurations in a letter attached to your Form 1 stating the caliber, barrel length, and overall length as related to the firearm listed on the Form 1.
f. Length Overall. Enter the overall length of the firearm.
For a suppressor, use the overall length of the suppressor. If the firearm has a folding or convertible stock, the overall measurement is to be made with the stock extended.
g. Serial Number. Enter the serial number of the lower.
Do not alter or modify the serial number of an existing firearm. Enter the existing serial number, or if there is no serial number, you will need to create a unique serial number that will be engraved into the firearm.
The serial number must be engraved or stamped on the receiver of the firearms that it is “legible.” “Legible” requires that the serial number be Roman letters and Arabic numerals, a minimum depth of .003 inch, Print size no smaller than 1/16 inch, and in a manner wholly unobstructed from plain view.
h. Additional Description. This section will usually remain blank, but if your firearm has additional numbers or markings on it, they should be included here.
The maker of the firearm is required to mark the firearm with his or her name, city and state. The caliber, model, and identification of the maker must be “conspicuously” engraved on the barrel or frame or receiver of the weapon. Identification of maker requires that the manufacturer’s name or recognized abbreviation or the name of the trust (no abbreviation) and the city and state or recognized abbreviation, where the manufacturer maintains its place of business.
i. State Why You Intend to Make The Firearm. Enter the phrase “any lawful purpose” unless your state requires that you enter specific scientific or experimental purpose. You will need to refer to your own state’s restrictions on NFA firearms.
j. Type of Destructive Device. Check the Firearm box.
k. Is the Firearm Being Reactivated? This section will normally be checked NO, but if your firearm is a firearm that has been altered so as to have been removed from the NFA, and is currently in a state that is not subject to the NFA, then check YES.
5. Applicant’s FFL Information.
This section will usually remain blank if you are using a gun trust. If the person, or entity (including gun trust) requesting permission to build the item is an FFL, then enter the 15 digit FFL number.
FFL’s typically should not use a Form 1 to manufacture a firearm if they have the proper licensing to manufacture Title II firearms. The Form 1 is designed for persons, gun trusts, or other business entities not so licensed to request permission to manufacture an item that will be subject to the NFA.
6. Applicant SOT Information.
If you have an SOT, enter the SOT license number in section A, and the class in section B. If using a gun trust, you should not have an FFL or SOT.
7. Signature of Applicant.
Sign your name as trustee. e.g., /s/ Your Name, Trustee. This signature must be in blue or black ink and the original signature must be submitted.
8. Name and Title.
Print or type your name as trustee. e.g., Your Name, Trustee.
9. Application Date.
Enter the date you completed the application.
10. CLEO Notification.
The name and address of the chief law enforcement officer to whom notice was given will be entered here. You must send a copy of the Form 1 to the chief law enforcement officer who has jurisdiction over the area where the applicant’s address is located. The chief law enforcement officer is generally the Chief of Police, the Sheriff, the Head of the State Police; or State or local district attorney or prosecutor.
If the applicant is a gun trust or business, each responsible person must complete the Responsible Person Questionnaire (ATF Form 5320.23) and a copy of this shall be provided to the chief law enforcement officer as well.
11. Maker’s Questions (11-14). SKIP. You will not complete sections 11-14 if the maker is a gun trust or business.
15. Number of Responsible Persons. Enter the number of Responsible Persons associated with the gun trust or business here.
Responsible Person includes anyone who possesses, directly or indirectly, the power or authority to direct the management and policies of the trust or entity to receive, posses, ship, transport, deliver, transfer or otherwise dispose of a firearm for, or on behalf of, the trust or legal entity. For a trust, this includes any person with the power or authority to direct the management and policies of the trust. In an Alex Kincaid Law trust, this will include the grantor/settlor/creator of the trust and any co-trustees of the trust. Successor trustees and beneficiaries that do not have the present ability to direct the management of the trust assets are not considered to be responsible persons
16. Name and Address of Responsible Persons.
Enter the full name and address of each responsible person associated with the gun trust or business.
17. Payment.
Check the appropriate box for the method you will be using to pay for the filing fee associated with the application. If using a credit card, complete the information on the form and sign where indicated.