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  1. #1
    I am a Forum User
    Join Date
    Jan 2010
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    NW Ohio
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    Form 4 for an individual vs. Trust/LLC/Corp

    In an earlier thread, I volunteered to write a tutoral on how to fill out a Form 4 for suppressors. Being a man of my word, here you have it. I'm not saying this is THE ONLY way to fill them out and get them approved, but this is how I have filled them out for my suppressors, and I've never had them delayed due to paperwork errors. I AM NOT A LAWYER. This is the example of how I filled out my Form 4's. Your Class 3 dealer will no doubt be able to help you through this, but for those who are really itching to go quiet, this is my contribution to the community. For reference, A class 3 dealer is one who has paid the Special Occupational Tax in order to deal Title II or NFA Firearms. Proper terminology is to refer to the firearms themselves as Title II firearms or NFA Firearms. Class III firearms don't exist. Class III is the FFL dealer tax category, NOT a firearm type.

    This tutorial is for folks buying NFA Firearms from a dealer. If you're buying from an individual, these some of these boxes will be filled out differently.

    You must first print off a Form 5320.4 commonly called "Form 4".

    You can download it from the internet, but it's available below.

    It's pretty easy to fill out but I promised a tutoral, so here it is:
    Form 5320.4
    Box 1: Check $200 Box.

    Box 2a: Your name, address, City, State, Zip
    Box 2b: Your County.

    Box 3a: Your Dealer's Name, address, City, State, Zip
    Box 3b: Your Dealer's Phone number (Include area code)

    Box 3c: Usually left BLANK.
    Box 3d: Usually left Blank.

    Box 4a: Silencer's Manufacturer's Name, City, St
    Box 4b: "Silencer"
    box 4c: Caliber of the silencer. No matter if it's NATO, Metric, or Imperial. I have some that don't even have units of measure on them.
    Box 4d: Model of silencer (Stamped on the side of the silencer)
    Box 4e: "Not Applicable" or "NA"
    Box 4f: Overall length of the suppressor itself. If you have a thread adapter or Linear Decoupler or Nielson Device, do not include it in the length of the suppressor. Just the suppressor itself. All of mine are in x.xx inches.
    Box 4g: Serial number as it appears on the suppressor. Keep spaces or dashes as they appear on the suppressor.
    Box 4h: Leave Blank.

    Box 5. If you have no FFL, "NA" in each box. If you do, provide the info here.

    Box 6a. EIN of your FFL if you have one. "NA" if you don't.
    Box 6b. Class of your FFL if you have one. "NA" If you don't.

    Box 7. FFL of your Class 3 dealer.

    Box 8. EIN of your Class 3 Dealer.
    Box 9. "3 NFA DEALER." (To get a suppressor, you have to go through a class 3 dealer.)
    Box 10. Signature of your FFL.
    Box 11. Printed name of your FFL, and TITLE (i.e. Owner.)
    Box 12. Date Mon dd, year (Format the ATF Uses.) Sep 02, 2011 for example
    Box 13. a-f Answer each question.
    Box 14. a-3 Answer each question.

    Box 15: Line 1 Your name as it appears in Box 2a
    Box 15: Line 2 "All Legal Purposes"
    Box 15 Line 3 Blank.
    Box 15 Line 4 Your Signature
    Box 15 Line 4 Date (Format ATF uses MON DD, YEAR Sep 02, 2011 for example.

    Box 16 your Passport size frontal photo. Attach with a Glue Stick.

    Box 17: Line 1 Fill out your name as it appears in Box 2a.

    Then your Chief Law enforcement officer needs to sign, date, and provide the address, county, and phone number. You will also need fingerprints done at this time.

    You must fill out a form 5330.20 "Certification of Compliance" attached below. Most of us will fill out Boxes 1,2,3 and sign and date box 7. THIS MUST BE FILLED OUT IN INK AND IN CAPITAL LETTERS. (See the instruction at the top of the form.)

    Box 1 and 2 are the same as it appears in Box 2a of your Form 4.

    You must get Fingerprint Cards FBI Forms FD-258. Can't download these because of the stock of paper they are printed on. Call the ATF and they'll send them to you.

    Pitfalls to avoid:
    Each Form 4 needs to be filled out on ONE SHEET OF PAPER FRONT AND BACK.

    Your Form 4 needs to be mailed in duplicate. TWO COPIES EACH WITH ORIGINAL IN INK SIGNATURES. So fill it out first, then copy, then sign each form. Then each form needs to be signed by your CLEO.

    You need to include a check for $200 Made out to the "National Firearms Act Branch, BATFE"

    You can make one check out for multiple items.

    Mail out checklist:
    [ ]1. Form 5320.4 in DUPLICATE (2 forms)
    [ ]2. Fingerprint Cards FBI Form FD258 (Two of them.)
    [ ]3. Certification of Compliance. Form 5330.20
    [ ]4. Check for $200 per item.

    Mail them to the address on the top right of the form. It should read:
    National Firearms Act Branch Bureau of Alcohol, Tobacco, Firearms and Explosives, P.O. Box 530298 Atlanta, GA 30353-0298

    (Some of the older forms still have the Chicago, IL address. DO NOT SEND THESE THERE. You can still use those forms, though.)

    Once your check clears, you can call them periodically to get an update on your status. Have your serial number ready. Phone number is: (304) 616-4500
    Last edited by rjrivero; 05-22-2013 at 08:36 PM. Reason: Edit Title. Added Differences for Trust/LLC/CORP. Removed links which were broken. Added PDF's to attachments.

  2. #2
    I am a Forum User
    Join Date
    Jan 2010
    Location
    NW Ohio
    Posts
    2,006

    Form 4 for Trust/LLC/Corp

    Attorneys on this forum who prepare NFA Trusts in alphabetical order:
    dekulaw
    mpearce
    Hyperion
    shyster

    There are some simple changes that need to be made to do a Trust/LLC/Corp. I included this post to reflect those differences. Again, this is how the Form 4's are filled out for items that I have gotten approved. This does not imply the ONLY or CORRECT way to do the forms. I am NOT A LAWYER. This is an example of how I got my Form 4's approved. Again, your FFL/SOT will *probably* help you fill out the forum. I post this for reference.

    This tutorial is for folks buying NFA Firearms from a dealer. If you're buying from an individual, these some of these boxes will be filled out differently.

    You must first print off a Form 5320.4 commonly called "Form 4".
    You can download it attached above.

    Form 5320.4
    Box 1: Check $200 Box.

    Box 2a: Trust/LLC/Corp Name, address, City, State, Zip
    Box 2b: Trust/LLC/Corp County.

    Box 3a: Your Dealer's Name, address, City, State, Zip
    Box 3b: Your Dealer's Phone number (Include area code)
    Box 3c: Usually left BLANK.
    Box 3d: Usually left Blank.

    Box 4a: Silencer's Manufacturer's Name, City, St
    Box 4b: "Silencer"
    box 4c: Caliber of the silencer. No matter if it's NATO, Metric, or Imperial. I have some that don't even have units of measure on them.
    Box 4d: Model of silencer (Stamped on the side of the silencer)
    Box 4e: "Not Applicable" or "NA"
    Box 4f: Overall length of the suppressor itself. If you have a thread adapter or Linear Decoupler or Nielson Device, do not include it in the length of the suppressor. Just the suppressor itself. All of mine are in x.xx inches.
    Box 4g: Serial number as it appears on the suppressor. Keep spaces or dashes as they appear on the suppressor.
    Box 4h: Leave Blank.

    Box 5. If you have no FFL, "NA" in each box. If you do, provide the info here.

    Box 6a. EIN of your FFL if you have one. "NA" if you don't.
    Box 6b. Class of your FFL if you have one. "NA" If you don't.

    Box 7. FFL of your Class 3 dealer.

    Box 8. EIN of your Class 3 Dealer.

    Box 9. "3 NFA DEALER." (To get a suppressor, you have to go through a class 3 dealer.)

    Box 10. Signature of your FFL.

    Box 11. Printed name of your FFL, and TITLE (i.e. Owner.)

    Box 12. Date Mon dd, year (Format the ATF Uses.) Sep 02, 2011 for example

    Box 13. a-f Not necessary for Trust/LLC/CORP. Answer each question if you wish.

    Box 14. a-3 Not necessary for Trust/LLC/CORP. Answer each question if you wish.

    Box 15: Line 1 Trust/LLC/Corp Name as it appears in Box 2a
    Box 15: Line 2 "All Legal Purposes"
    Box 15 Line 3 Blank.
    Box 15 Line 4 Your Signature, Print Title as it appears on your TRUST/LLC/Corp
    Box 15 Line 4 Date (Format ATF uses MON DD, YEAR Sep 02, 2011 for example.)

    Box 16: Leave Blank

    Box 17:Leave Blank.
    Then your Chief Law enforcement officer does NOT need to sign off on a TRUST/LLC/CORP application.

    Form 5330.20 "Certification of Compliance" is now needed for TRUST/LLC/CORP attached above.
    I have been told that some Form 4's done on Trusts are being kicked back if you do not include a Certification of compliance. Since trusts don't have citizenship, they have changed them so you put the trust in the second half of line one, then your name in line 2. You can load from the link above. Most of us will fill out Boxes 1,2,3 and sign and date box 7. THIS MUST BE FILLED OUT IN INK AND IN CAPITAL LETTERS. (See the instruction at the top of the form.)

    Fingerprint Cards FBI Forms FD-258 are not needed for TRUST/LLC/CORP applications.

    Pitfalls to avoid:
    Each Form 4 needs to be filled out on ONE SHEET OF PAPER FRONT AND BACK.
    Your Form 4 needs to be mailed in duplicate. TWO COPIES EACH WITH ORIGINAL IN INK SIGNATURES. So fill it out first, then copy, then sign each form.
    You need to include a check for $200 Made out to the "National Firearms Act Branch, BATFE"
    You can make one check out for multiple items.

    Mail out checklist:
    [ ]1. Form 5320.4 in DUPLICATE (2 forms)
    [ ]2. TRUST: Full Trust including Schedule A
    [ ]3. LLC/CORP: Certifcate from state.
    [ ]4. Check for $200 per item.
    [ ]5. 5330.20 Cetification of Compliance

    Mail them to the address on the top right of the form. It should read:
    National Firearms Act Branch Bureau of Alcohol, Tobacco, Firearms and Explosives, P.O. Box 530298 Atlanta, GA 30353-0298
    (Some of the older forms still have the Chicago, IL address. DO NOT SEND THESE THERE. You can still use those forms, though.)
    Once your check clears, you can call them periodically to get an update on your status. Have your serial number ready. Phone number is: (304) 616-4500
    Last edited by rjrivero; 05-22-2013 at 08:36 PM. Reason: Added 5330.20 Information and killed links. Uploaded PDF directly to post 1 above.

  3. #3
    I am a Forum User
    Join Date
    Jan 2010
    Location
    NW Ohio
    Posts
    2,006
    I have revamped some of these instructions.
    1) The ATF had moved some of their forms, so the links were dead. I removed the bad links and just uploaded the actual PDF(s) to the first post.
    2) The 5330.20 was modified and is now required for Trusts and LLC's. That information was also added. I don't know when that change went into effect, and I don't know if they will kick back all the previous applications for them. You might want to call the ATF and check the status of your pending Form 4's.

    Regards.

    RJ

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