Public Input Wanted on ATF's Tax-Free Gun Form Tweaks
Published Date: 10/30/2025
Notice
Summary
The ATF wants to keep collecting info using Form 5, which people use to transfer and register special firearms without paying a tax. If you’re involved in moving or registering these firearms, this affects you! They’re asking for public feedback by December 1, 2025, to make sure the form is clear and not too much work. No big cost changes, just a chance to improve the process.
Analyzed Economic Effects
4 provisions identified: 3 benefits, 1 costs, 0 mixed.
Form modernization and eSubmission planned
ATF is revising Form 5320.5 to allow electronic/digital signatures, fillable PDFs that populate copy 2 from copy 1, acceptance of photocopied or cell-phone photos of IDs, and references to eForms and pay.gov. ATF expects to move to solely electronic forms in 2026 and build forms into its eForms platform so applicants can complete and submit online.
You must use ATF Form 5320.5
If you want to transfer or register a National Firearms Act (NFA) firearm under a statutory tax exemption, you must use ATF Form 5320.5 ("Form 5"). The rule lists the affected public as federal, state, or local government and persons selling unserviceable firearms, and says responding is required to obtain/retain a benefit or to comply with law.
Paperwork time burden falls (12 minutes)
ATF estimates 17,322 respondents in 2025 will each spend about 12 minutes (0.2 hours) to complete Form 5320.5, down from 30 minutes previously. Total estimated annual time burden drops to 3,464 hours (down 1,866 hours from the prior 5,350 hours), and ATF estimates total annual other costs of $79,672.
CLEO notification and extra copy removed
ATF is removing the requirement to send a copy of Form 5320.5 to the chief law enforcement officer (CLEO) and is eliminating the extra copy submission to local law enforcement. A commenter supported this change, saying it reduces concerns about inadvertently creating a firearms registry.
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