What is ATF Form 5320.23?

Form 5320.23, also known as the Responsible Person Questionnaire, is an important document under the National Firearms Act (NFA) in the United States. This form is part of the compliance process for individuals and legal entities, like gun trusts, that are involved in the transfer, manufacture, or possession of NFA firearms. Form 5320.23 serves a dual purpose. It identifies the responsible persons involved in handling the NFA firearm and also ensures their eligibility under federal law. The ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives) requires detailed information about each person, including their role in the legal entity, home address, and country of citizenship. The form also requires the submission of two fingerprint card identification and a 2-inch photograph, aligning with the requirements of Form FD-258.

The completion and submission of ATF Form 5320.23 are integral to the application process for an NFA item. This form must be submitted with the ATF Form 1, 4, or 5. One copy is sent to the primary location shown on the form while the other copy is sent to the responsible person’s Chief Law Enforcement Officer (CLEO). The CLEO notification is an important step in this process. The CLEO notification is required when you’re applying for a tax stamp using the ATF Form 1, Form 4, or Form 5. As of recent years, the CLEO certification isn’t required to purchase firearms; the CLEO just needs to be notified of the purchase. This process confirms the applicant’s compliance with state law and federal regulations. The form’s intricate details, such as the serial number of the firearm, caliber or gauge, and the specifics of the trust or legal entity involved, are essential for a lawful and successful application.

ATF Form 5320.23 reflects the evolving landscape of firearm legislation. Responsible parties must ensure accuracy and completeness in their applications, considering their role in maintaining legal standards in firearm ownership and transfer across the United States.

How to Fill Out Form 5320.23

Filling out the ATF Form 5320.23 is important for a compliant and successful application under the NFA. Here’s a step-by-step guide to help you complete the two new forms correctly:

1. Identifying Information: Provide the basic details of the responsible person. This includes your full legal name, home address, social security number or personal identification number, and more. Also, check the box of what FFL type you are submitting this form with.
2. Fingerprint Card and Photograph: You must include your fingerprint and a recent photograph showing your current appearance. These are critical for the background check process.
3. Details of the NFA Item: Enter the details of your firearm, including its type, make, model, caliber or gauge, and serial number. This additional information should match the details provided on Forms 1, 4, or 5.
4. CLEO Notification: Include information about your CLEO, including their name, official title, and agency mailing address.
5. Applicant’s Declaration: Sign and date the form showing that you provided accurate information and are submitting the form to the ATF.
6. Review and Submission: Make sure that all the information is accurate and complete. Any errors can lead to delays in processing times or denial of the application. Once reviewed, submit this form along with the ATF Form 1, 4, or 5.

Remember, each responsible person in an NFA gun trust or legal entity must complete their own form. We recommend getting legal advice to ensure compliance because state laws and NFA regulations can be complex.

Frequently Asked Questions

1. Is CLEO notification still required?
   • Yes, you must notify the Chief Law Enforcement Officer, but they aren’t required to sign off on the purchase. You just have to send one of the specified forms to the CLEO.
2. How does this form relate to ATF Forms 1, 4, and 5?
   • The Form 5320.23 must be submitted with the ATF Form 1 (for manufacturing firearms), Form 4 (for transferring firearms), or Form 5 (for tax-exempt transfer of firearms). It supplements these forms with detailed information about the responsible person.
3. Who needs to fill out the Form 5320.23?
   • This form is required for any individual who is part of a gun trust or legal entity and is applying for the ATF Form 1, 4, or 5. A responsible person is someone who has the right to control the NFA firearms in a trust.