DOJ Announces Changes to NFA Firearm Transfer Form 5
Estimated reading time: 5–10 minutes
The Department of Justice (DOJ), through the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), has shared a notice about updates to ATF Form 5320.5, also known as “Form 5”. This form is used by people and organizations who want to transfer or register National Firearms Act (NFA) firearms without paying the usual transfer tax, if they qualify for a tax exemption.
Sixty-Day Comment Period for the Public
The DOJ is asking people for comments on these updates. The comment period is open for 60 days, until October 6, 2025. People can share their opinions about the time it takes to complete the form, the form’s usefulness, and suggestions for improvements.
What is Form 5 Used For?
Form 5 is for people who want to transfer and register an NFA firearm and believe they do not need to pay the tax. The form is used to:
- Ask for permission and show why the tax does not apply
- Support transfers that happen because of law changes, such as when a firearm is inherited through an estate
- Make it easier to temporarily transfer a firearm for repairs and get it back
Who’s Affected?
Those affected include:
- Federal government
- State or local government
- People or groups transferring unserviceable firearms
People must fill out the form to follow the law and get the benefits offered.
Increases and Decreases in Reporting Burden
The number of people who fill out this form has increased from 10,591 to 17,322 in 2025. But, the average time needed to do the form has dropped from 30 minutes to 12 minutes.
Technology now allows:
- Electronic forms and signatures
- Fewer people needing to send in fingerprints or photographs
- The use of cell phone photos and photocopied IDs
- Sending documents electronically
People also don’t need to make an extra copy for local police anymore.
Key Changes to Form 5
Some important changes to the form include:
- A clearer title
- Taking out the photo box to let people attach a passport photo or a copy of a photo ID
- Combining race and ethnicity questions
- More ways to sign electronically or digitally
- The fillable PDF form now fills in copy 2 as you fill in copy 1, except for check boxes and signature
- Added links to eForms and pay.gov
- Information about the refund process
- Ending the requirement to notify the Chief Law Enforcement Officer (CLEO) and to send a copy
- New instructions for married couples applying together
- Corrections to small errors in the form
- Adding email contacts for specific questions
Annual Reporting Details
An estimated 17,322 people will fill out Form 5 each year
Each form takes about 12 minutes, for a total of about 3,464 hours of work by all respondents
The total estimated cost to respondents is $79,672
Contact for More Information
For more information, contact Meghan Tisserand at the National Firearms Act Division, using the following:
- Mail: 244 Needy Road, Martinsburg, WV 25405
- Email: [contact emails in original document]
- Phone: 304-616-3219
Official Record
This notice was signed by Darwin Arceo, the Department Clearance Officer for the U.S. Department of Justice, and filed on August 4, 2025.
For more details, see the official notice in the Federal Register, Volume 90, Number 149.
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