My clients frequently ask about the documents that need to be sent to the ATF to form a complete ATF Form 4 application. This situation commonly arises when clients buy silencers and short-barreled rifles from a Class 3 dealer. In this case, the transfer process is accomplished using two (2) different ATF forms:

• ATF Form 4 (5320.4) – Application for Tax Paid Transfer and Registration of Firearm, as revised in May 2016; and
• ATF Form 23 (5320.23) – National Firearms Act (NFA) Responsible Person Questionnaire, as revised in May 2016.

Download ATF Forms 4 and 23 onto Your Computer System

As an initial matter, ATF Forms 4 and 23 are fillable Adobe pdf files. Save the two files onto your computer system first, then complete the forms. In other words, do not complete the ATF form when it is displayed in the Internet browser, or else the information will not be saved when the file is saved later onto your computer system.

When the ATF Copy (pages 1–3) of ATF Form 4 is completed, the information is automatically carried over to the ATF Copy 2 (pages 7–9) and the CLEO Copy (pages 10–12). Similarly, when the ATF Copy (pages 1–2) of ATF Form 23 is completed, the information is automatically carried over to the CLEO Copy (pages 3–4).

Completing the ATF Form 4

In the link below, you can see what a complete ATF Form 4 should look like when buying a silencer from a Class 3 dealer.

ATF Form 4 – Example for Silencer

Special Printing Instructions for ATF Form 4

Because ATF Form 4 does not include a blank page at page 10, the CLEO copy begins to print on the back page of the ATF Copy 2. To avoid this, I recommend these special printing instructions for ATF Form 4 as follows:

• Print the ATF Copy (pages 1–3) double-sided, so that the back side of page 3 is blank;
• Print the ATF Copy 2 (pages 7–9) double-sided, so that the back side of page 9 is blank; and
• Print the CLEO Copy (pages 10–12) double-sided, so that the back side of page 12 is blank.

Who is a “Responsible Person” in a Gun Trust?

In Box 18 of the ATF Form 4 (page 3), it asks for the number of “Responsible Persons” associated with the gun trust. Depending on the number of “Responsible Persons” on the gun trust, there may be more than one ATF Form 23 to be completed. In other words, each “Responsible Person” on the gun trust needs to complete his or her own ATF Form 23. In the gun trusts that I prepare, only settlors and trustees would be considered to be “responsible persons,” while beneficiaries and successor trustees would not be considered to be “responsible persons.” However, if either a beneficiary or successor trustee later becomes a trustee, then he or she would become a “responsible person” at that time. If you are having trouble understanding who is a “responsible person” in a gun trust, check out our recent post entitled “Who is a Responsible Person in a Gun Trust?” 

Completing the ATF Form 23 (“Responsible Person Questionnaire”)

In the link below, you can see what a complete ATF Form 23 should look like when buying a silencer from a Class 3 dealer.

ATF Form 23 – Example for Silencer

Printing Instructions for ATF Form 23

No special printing instructions are required. Simply print the ATF Form 23 double-sided.

Two Sets of Documents are Required to be Mailed

Two different sets of documents are required for a complete ATF Form 4 application: (1) the documents mailed to the ATF; and (2) the documents mailed to the CLEO.

• Documents Mailed to the ATF

All of the documents that comprise a complete ATF Form 4 application that is mailed to the ATF are:

• one (1) original, double-sided ATF Copy (pages 1-3) of ATF Form 4 (do not staple);
• one (1) original, double-sided ATF Copy 2 (pages 7-9) of ATF Form 4 (do not staple);
• one (1) original double-sided ATF Copy (pages 1–2) of ATF Form 23 for each “Responsible Person” of the NFA gun trust (do not staple). Each ATF Copy of ATF Form 23 includes:
  • one (1) 2×2 passport-type photograph (use tape); and
  • two (2) FD-258 fingerprint cards (attach to ATF Form 23 using a paper clip);
• one (1) single-sided copy of the NFA gun trust (stapled);
• one (1) single-sided copy of each amendment, if any, to the NFA gun trust (stapled);
• one (1) single-sided copy of each Appointment of Additional Co-Trustee document, if any, for each Additional Co-Trustee who is still serving (stapled); and
• if paying the $200 transfer tax by check, cashier’s check, or money order, also include the check, cashier’s check, or money order made payable to “BATFE.” Place it on top of the above documents.

Use a paper clip to hold all of the above documents together and place the complete ATF Form 4 application in a flat envelope. Mail the ATF Form 4 application to the address shown near the top of ATF Form 4, which is currently:

National Firearms Act Branch
Bureau of Alcohol, Tobacco, Firearms and Explosives
P.O. Box 530298
Atlanta, GA 30353-0298

• Documents Mailed to the CLEO(s)

The “Responsible Person” of the gun trust who resides that the Transferee’s address shown in Box 2a of ATF Form 4 must mail the following documents to his or her CLEO shown in Box 12 of ATF Form 4 and Box 5 of ATF Form 23:

• one (1) original, double-sided CLEO Copy (pages 10-12) of ATF Form 4; and
• one (1) original double-sided CLEO Copy (pages 3–4) of ATF Form 23.

Each other “Responsible Person” of the gun trust, if any, mails one (1) original double-sided CLEO Copy (pages 3–4) of ATF Form 23 to his or her respective CLEO shown in Box 5 of his or her ATF Form 23.

Would you like to have the peace of mind that comes with knowing that you received a high-quality Texas NFA gun trust from a Texas attorney who is recommended by several of the largest and most successful Class 3 dealers in the United States? Let’s get started!

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