§ 479.62 Application to make.

  1. a.(a) General. No person shall make a firearm unless the person has filed with the Director a completed application on ATF Form 1 (5320.1), Application to Make and Register a Firearm ATF Form 5320.1 (“Form 1”), Application to Make and Register NFA Firearm, in duplicate, executed under the penalties of perjury, to make and register the firearm and has received the approval of the Director to make the firearm, which approval shall effectuate registration of the firearm to the applicant. If the applicant is not a licensed manufacturer, importer, or dealer qualified under this part and is a partnership, company (including a Limited Liability Company (LLC)), association, trust, or corporation, all information on the Form 1 application shall be furnished for each responsible person of the applicant

  2. [RIN 1140-AB00]

    b.(b) Preparation of ATF Form 1 Preparing ATF Form 5320.1 (“Form 1”).. All of the information called for on Form 1shall be provided, including: The applicant must provide all the information called for on Form 1, including:

    1. 1.(1) The type of application, i.e., tax paid or tax exempt. If the making of the firearm is taxable, the applicant shall submit a remittance in the amount of $200 with the application in accordance with the instructions on the form;

      [RIN 1140-AB00]

      1.(1) Application type, i.e., tax-paid or tax-exempt. If making the firearm is subject to the $200 tax, the applicant must submit payment in that amount with the application in accordance with the instructions on the form;

      [RIN 1140-AA83]

      1.(1) Type of application, i.e., tax-paid or tax-exempt. If making the firearm is taxable, the applicant must remit $200 with the application for a machine gun or destructive device, or $0 for all other firearms, in accordance with the instructions on the form;

    2. 2.(2) The identity of the applicant. If an individual, the applicant shall provide the applicant's name, address, and date of birth, and also comply with the identification requirements prescribed in § 479.63(a). If other than an individual, the applicant shall provide its name, address, and employer identification number, if any, as well as the name and address of each responsible person. Each responsible person of the applicant also shall comply with the identification requirements prescribed in § 479.63(b);

      2.(2) Applicant’s identity. If an individual, the applicant must provide the applicant's name, address, and birthdate, and also comply with the identification requirements prescribed in § 479.63(a). If other than an individual, the applicant entity (including a married couple filing jointly) must enter the entity’s name (or “spouses filing jointly,” if a married couple), address, and employer identification number, if any, as well as the full name and address of each responsible person or spouse filing jointly. Each responsible person or spouse filing jointly must also comply with the identification requirements prescribed in § 479.63(b);

    3. 3.(3) Firearm description. A description of the firearm to be made by type; caliber, gauge, or size; model; length of barrel; serial number; other marks of identification; and the name and address of the original manufacturer (if the applicant is not the original manufacturer);

    4. 4.(4) License number. The applicant's Federal firearms license number (if any);

    5. 5.(5) Tax Stamp. The applicant's special (occupational) tax stamp (if applicable); and

    6. 6.(6) Non immigrant alien documents. If the applicant (including, if other than an individual, any responsible person) is an alien admitted under a nonimmigrant visa, applicable documentation demonstrating that the nonimmigrant alien falls within an exception to 18 U.S.C. 922(g)(5)(B) under 18 U.S.C. 922(y)(2), or has obtained a waiver of that provision under 18 U.S.C. 922(y)(3).

      If any applicant (including, if other than an individual, a spouse filing jointly, or any responsible person) is an alien admitted under a nonimmigrant visa, applicable documents demonstrating that the nonimmigrant alien falls within an exception to 18 U.S.C. 922(g)(5)(B) under 18 U.S.C. 922(y)(2), or has obtained a waiver of that provision under 18 U.S.C. 922(y)(3).

    7. 7.(7) Joint registration documents. If the applicants are spouses filing jointly (a married couple), they must submit with the application documents demonstrating a legal marriage, including a marriage certificate, license, or proof of a marriage otherwise recognized under state law. In the event a marriage certificate, license, or equivalent is not available, applicants can submit other evidence of marriage (such as affidavits, joint tax returns).

  3. c.(c) Notification of chief law enforcement officer. Prior to the submission of the application to the Director, all applicants and responsible persons shall forward a completed copy of Form 1 or a completed copy of Form 5320.23, respectively, to the chief law enforcement officer of the locality in which the applicant or responsible person is located. The chief law enforcement officer is the local chief of police, county sheriff, head of the State police, or State or local district attorney or prosecutor. If the applicant is not a licensed manufacturer, importer, or dealer qualified under this part and is a partnership, company, association, or corporation, for purposes of this section, it is considered located at its principal office or principal place of business; if a trust, for purposes of this section, it is considered located at the primary location at which the firearm will be maintained.

  4. c.(c) Approval of Form 1. If the application is approved, the Director will affix a National Firearms Act stamp to the original application in the space provided therefor and properly cancel the stamp ( see § 479.67). The approved application will then be returned to the applicant.