What is the ATF 5320.4 Application for Tax Paid Transfer and Registration of Firearm?

What is the ATF 5320.4 Application for Tax Paid Transfer and Registration of Firearm?

ATF Form Name: ATF 5320.4 Application for Tax Paid Transfer and Registration of Firearm

Commonly Referred to as: ATF Form 4

Purpose of ATF 5320.4: The ATF 5320.4 form is used to apply for a paid tax stamp and to register a National Firearms Act [NFA] Firearm.  NFA Firearms that are registered using this form are already manufactured NFA Firearms that are being purchased from the manufacture, through a Special Occupational Taxpayer Dealer (SOT), or through an individual transfer (person to person, no dealer is involved).

Tax Stamp Cost: SBS, SBR, Silencer, Machine Gun, Destructive Device: $200.00.  AOW: $5.00

ATF Form Walk-Through Guide: ATF 5320.4 Walk-Through Guide

ATF Form 4 Automated Generator:  ATF 5320.4 ATF Form 4 Paperwork Generator

Other Forms Required:

Individual Filing - None.

NFA Gun Trust and Legal Entity Filing require ATF 5320.23 Responsible Persons Questionnaire.  

Personal Information Required:

Individual Filing - 2-FD-258 Fingerprint Cards and two passport photos.  Personal questions are answered on the ATF 5320.4.

NFA Gun Trust and Legal Entity Filing require 2- FD-258 Fingerprint Cards and one passport photo.  Personal questions are answered on the ATF 5320.23 Responsible Persons Questionnaire.

NFA Firearms that are used in the ATF 5320.4 Form:

Short-Barreled Rifles - SBR:

Tax Stamp Cost: $200.00

To purchase a already manufactured short-barreled rifle the end user will need to use the ATF 5320.4 paperwork.  A short-barreled rifle is considered to be any rifle that has a barrel length less than 16" or a weapon being made from a rifle that has an overall length less than 26".

Short-Barreled Shotgun - SBS:

Tax Stamp Cost: $200.00

To purchase a already manufactured short-barreled shotgun the end user will need to use the ATF 5320.4 paperwork.  A short-barreled shotgun is considered to be any rifle that has a barrel length less than 18" or a weapon being made from a rifle that has an overall length less than 26".

Silencers:

Tax Stamp Cost: $200.00

To purchase a already manufactured silencer the end user will need to use the ATF 5320.4 paperwork.  Terms that are also used and interchanged with a silencer are: suppressor and muffler. 

Machine Gun:

Tax Stamp Cost: $200.00

To purchase a already manufactured machine gun the end user will need to use the ATF 5320.4 paperwork.  Note: For civilian possession, all machine guns must have been manufactured and registered with the ATF prior to May 19, 1986 to be transferable between civilians.  All other machine guns that produced after May 19th, 1986 require a Special Occupational Taxpayer (SOT) dealer license and valid Federal Firearms License.

Destructive Device:

Tax Stamp Cost: $200.00

To purchase a destructive device the end user will need to use the ATF 5320.4 paperwork.  There are two types of destructive devices: a Explosive Ordinance or a Large Bore Firearm.

Explosive Ordinance: 

Any explosive, incendiary, or poison gas, including bombs, grenades, rockets, missiles, mines and similar devices (e.g. grenade launchers, rocket launchers. Parts intended for making such a device are also DDs. Small rockets, with less than 4 ounces (113 grams) of propellant, are exempt.†

Large Bore Firearms:

Any projectile weapon with a bore diameter greater than ​1⁄2 inch (50 caliber, 12.7 mm), except for shotguns "generally recognized as particularly suitable for sporting purposes". Most commercial shotguns have a bore diameter greater than ​1⁄2 inch, but are exempt due to their "sporting purpose"; however, both the Street Sweeper and USAS-12 shotguns, designed for military or police use, were reclassified as DDs when the ATF determined they were combat shotguns not "generally recognized as particularly suitable for sporting purposes".†

Any Other Weapon - AOW:

Tax Stamp Cost: $5.00

Any other weapon that wasn't described above would fall into this category that has already been manufactured.  Any other weapon is defined by the ATF as:

For the purposes of the National Firearms Act, the term “Any Other Weapon” means:

• Any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive;
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• A pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell;
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• Weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading; and
   
• Any such weapon which may be readily restored to fire.

Such term shall not include a pistol or a revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition.

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Before you are able to buy a NFA firearm that is described above you will need to apply for a NFA tax stamp using the ATF Form 4 - ATF 5320.4 Application for Tax Paid Transfer and Registration of Firearm.  We have a ATF Form 4 - ATF 5320.4 walk-through guide that will aid you in filling out this form.  We also, offer ATF Form 4 - ATF 5320.4 consultation and review services.  This is to be used in conjunction with our NFA Gun Trusts or our walk-through guides. 

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Information located within this article is current as of July, 2018. Information located within this article is an original guide created by National Gun Trusts and not to be cited or used without the written permission of National Gun Trusts.

†“Title II Weapons.” Wikipedia, Wikimedia Foundation, 10 July 2018, en.wikipedia.org/wiki/Title_II_weapons.