ATF Announces Changes to NFA Firearm Transfer Form (Form 5)

Estimated reading time: 5–7 minutes

On October 30, 2025, the Department of Justice’s Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) published a notice in the Federal Register. The notice details proposed changes to the Application To Transfer and Register NFA Firearm (Tax-Exempt), also known as ATF Form 5320.5, or Form 5.

The Form and Its Purpose

Form 5 is used by people who need permission to transfer and register certain firearms covered under the National Firearms Act (NFA). Sometimes, these transfers do not need a tax because of special tax exemptions. People use Form 5 to claim these exemptions. ATF uses the form to check if the transfer is legal under federal, state, and local law.

Some examples of use:

  • Transferring a firearm from an estate to a beneficiary.
  • Transferring firearms due to bankruptcy.
  • Temporarily transferring firearms for repair and return.

Who Uses the Form?

The affected public includes:

  • Federal, state, and local government agencies.
  • People selling unserviceable firearms.

Required Information

To use the form, applicants need:

  • To provide information about themselves and the firearm.
  • If claiming a tax exemption, to give information supporting the claim.

Why Is This Important?

ATF is revising this information collection for several reasons:

  • Respondents increased from 10,591 to 17,322 over three years.
  • Time to complete the form dropped from 30 to 12 minutes.
  • Improvements in technology allow more of the process to be done online or electronically.
  • Fewer people must provide fingerprints or photographs.
  • It is now easier to use cell phone photos or photocopied IDs.
  • Copies of the form can be filled at the same time.
  • The requirement to send an extra copy to local law enforcement is going away.

The total time burden for all users dropped by 1,866 hours. The yearly total burden is now about 3,464 hours. The estimated yearly cost is $79,672.

Changes to Form 5

Some changes include:

  • A clearer title for the form.
  • No more photo box; applicants can attach a photo or a copy of photo ID.
  • Race and ethnicity items are now combined.
  • More electronic and digital signature types are allowed.
  • The form will automatically fill in copy 2 as copy 1 is completed.
  • References to eForms and pay.gov have been added.
  • Instructions for the refund process are included.
  • The CLEO (Chief Law Enforcement Officer) notification requirement and copy are removed.
  • New instructions for married couples applying together as a legal entity.
  • Grammar and typo corrections.
  • Email addresses for help and questions are added.

Public Comments and ATF Response

One firearm dealer commented during the 60-day period. The dealer supported:

  • Removing the need to send a form to local law enforcement.
  • Modernizing the form, including allowing digital signatures.
  • Accepting photo IDs instead of a 2-inch by 2-inch photograph.
  • Ending the fingerprint requirement for each application.

ATF responded positively. The agency said all NFA forms are being updated and moved to electronic versions. Electronic signatures and fillable forms are becoming available. ATF plans to have all forms online by 2026.

How to Comment

ATF is accepting public comments about these changes until December 1, 2025. Comments can be sent online at www.reginfo.gov/public/do/PRAMain by searching for the title or OMB control number 1140-0015.

For more information, contact Meghan Tisserand at the National Firearms Act Division, or Darwin Arceo at the Department of Justice.

Dated: October 28, 2025

Source: Federal Register, Volume 90, Number 208, Pages 48903–48904.


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