How to Fill Out ATF Form 5 Using a Gun Trust
Updated for ATF 41F
Form 5 - Tax Exempt Firearm Transfer
Form 5 is an application to transfer firearms from one person to another without acquiring a tax stamp. The typical case for submitting a form 5 would be inheriting a weapon from a deceased relative of whom you are the lawful heir. Other use cases include unserviceable firearms being transferred as a relic or ornament.
Download Form 5ATF Form 5 Guide For NFA Trusts
- Type of Transfer - If you are inheriting a firearm, the applicant will check the box next to "Firearm is being transferred to a lawful heir or by operation of law."
- Applicant Information - Applicants using our NFA trust will need to put the name and address of the trust as the "Transferee's Name and Address". Use the address of where you will store the item. The "Transferor's Name and Address" is the current registered owner of the weapon.
- Description of Firearm - Firearms are approved on a case by case basis, so this section must describe the single firearm the applicant intends to transfer.
- FFL Information - If either the transferor or transferee has an FFL (Federal Firearms License) they will enter that information here.
- Signature of Applicant - Applicants using our gun trust are required write "as trustee" after their signature, since they are signing on behalf of the gun trust. For example, you would sign "Your Name, as trustee."
- BATFE Approval - The applicant must not fill this section out as it is for BATFE use only.
- CLEO Notification - The applicant is required to notify the CLEO of the area in which the trust resides. That CLEO's information should be put here.
- Transferee's Certification - Applicants using our gun trust must put the name of the trust under "Name of Transferee". In the section requiring the applicant to state why they intend to acquire the firearm, "any lawful purpose" is an acceptable answer unless the applicant's state requires a scientific or experimental purpose. Applicants using an NFA trust are required to write "as trustee" after their signature, since they are signing on behalf of the gun trust.
- Certification Signature - This signature binds the applicant under penalty of perjury to submit the notification to the CLEO.
- Responsible Persons - The applicant is required to list the number and name of all responsible persons.