Notice2025-19724
Agency Information Collection Activities; Proposed eCollection eComments Requested; Title: Application To Transfer and Register NFA Firearm (Tax-Exempt), ATF Form 5320.5 (“Form 5”)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 30, 2025
Issuing agencies
Justice Department
Abstract
The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.
Full Text
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<title>Federal Register, Volume 90 Issue 208 (Thursday, October 30, 2025)</title>
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[Federal Register Volume 90, Number 208 (Thursday, October 30, 2025)]
[Notices]
[Pages 48903-48904]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19724]
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DEPARTMENT OF JUSTICE
[OMB 1140-0015]
Agency Information Collection Activities; Proposed eCollection
eComments Requested; Title: Application To Transfer and Register NFA
Firearm (Tax-Exempt), ATF Form 5320.5 (``Form 5'')
AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives;
Department of Justice.
ACTION: 30-Day notice.
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SUMMARY: The Department of Justice (DOJ), Bureau of Alcohol, Tobacco,
Firearms, and Explosives (ATF), will be submitting the following
information collection request to the Office of Management and Budget
(OMB) for review and approval in accordance with the Paperwork
Reduction Act of 1995.
DATES: ATF encourages comments on this information collection. You may
submit written comments for 30 days, until midnight on December 1,
2025.
ADDRESSES: Submit written comments and recommendations for this
information collection to the following website: <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular information collection by
selecting ``Currently under 30-day Review--Open for Public Comments''
or by using the search function and entering either the title of the
information collection or the OMB control number: 1140-0015.
FOR FURTHER INFORMATION CONTACT: If you have questions, or need a copy
of the proposed information collection instrument with instructions or
additional information, please contact: Meghan Tisserand, Division
Staff, National Firearms Act Division, either by mail at National
Firearms Act Division; Division Staff Office; 244 Needy Road;
Martinsburg, WV 25405, by email at <a href="/cdn-cgi/l/email-protection#b2ffd7d5dad3dc9cc6dbc1c1d7c0d3dcd6f2d3c6d49cd5ddc4"><span class="__cf_email__" data-cfemail="ffb29a98979e91d18b968c8c9a8d9e919bbf9e8b99d1989089">[email protected]</span></a>, or by
telephone at 304-616-3219.
SUPPLEMENTARY INFORMATION: The proposed information collection was
previously published in the Federal Register, 90 FR 37887, on
Wednesday, August 6, 2025, allowing a 60-day comment period. We
encourage written comments and suggestions from the public and affected
agencies concerning the proposed information collection. Your comments
should address one or more of the following four points:
--Evaluate whether the proposed information collection is necessary to
properly perform ATF's functions, including whether the information
will have practical utility;
--Evaluate the agency's estimate of the proposed information
collection's burden for accuracy, including validity of the methodology
and assumptions used;
--Evaluate whether, and if so, how, the quality, utility, and clarity
of the collected information can be enhanced; and
--Minimize the information collection's burden on those who are to
respond, including using appropriate automated, electronic, mechanical,
or other technological collection techniques or other forms of
information technology, e.g., permitting people to submit electronic
responses.
You may view this information collection request at
<a href="http://www.reginfo.gov">www.reginfo.gov</a>. Follow the instructions to view Department of Justice
information collections currently under review by OMB and look for
1140-0015.
DOJ seeks PRA authorization for this information collection for
three years. OMB authorization for an ICR cannot be for more than three
years without renewal. DOJ notes that information collection
requirements submitted to OMB for existing ICRs receive a month-to-
month extension while they undergo review.
Overview of This Information Collection
1. Type of information collection: revision of a previously
approved collection.
2. Title of the form/collection: Application to Transfer and
Register NFA Firearm (Tax-Exempt).
3. Agency form number, if any, and the applicable component of the
Department of Justice sponsoring the collection: ATF Form 5320.5.
Component: Bureau of Alcohol, Tobacco, Firearmsn and Explosives;
U.S. Department of Justice.
4. Affected public who will be asked or required to respond, as
well as a brief abstract: Affected public: federal government, state,
or local government, persons selling unserviceable firearms.
Abstract: persons who wish to apply for permission to transfer and
register a
[[Page 48904]]
National Firearms Act (NFA) firearm, and who qualify to do so under one
of the statutory tax exemptions, must use ATF Form 5320.5, Application
to Transfer and Register NFA Firearm (Tax-Exempt) (``Form 5''). ATF
uses the information to determine legality of the firearm transfer
under federal, state, and local law. Applicants also use the form to
claim an exemption from paying the otherwise-required transfer tax as
provided and provide the information necessary to support their claim.
In addition, ATF uses Form 5 to effect a transfer resulting from
operation of law, for example, a firearm in an estate being transferred
to a beneficiary, or a firearm being transferred as a result of
bankruptcy. Persons may also use Form 5 to facilitate temporarily
conveying a firearm for repair, and its subsequent return.
5. Obligation to respond: required to obtain/retain a benefit,
comply with law.
6. Total estimated number of respondents: 17,322 respondents.
7. Estimated time per respondent: 12 minutes.
8. Frequency: once annually.
9. Total estimated annual time burden: 3,464 total hours.
10. Total estimated annual other costs burden: $79,672.
Revisions to This Information Collection
Information Collection (IC) OMB 1140-0015 is being revised to
include an increase in respondents from 10,591 three years ago to
17,322 in 2025, an increase of 6,731 respondents since the last
renewal. In addition, the time burden has decreased from 30 to 12
minutes due to developments in technology allowing electronic forms,
reducing the number of respondents who must provide fingerprints and
reducing the number of copies, allowing electronic fingerprints on-
site, reducing respondents who must provide photographs, allowing cell
phone photographs, and allowing photocopied identification cards
instead, all submitted electronically. In addition, the requirement to
complete an extra copy of the form and submit it to local law
enforcement is going away, and the fillable forms have made it possible
to populate the second copy at the same time as the first copy, both of
which reduce the time burden even more. As a result, there has been a
corresponding decrease in the burden hours per respondent, from .5
hours to .2 hours each, resulting in a reduction in total annual burden
hours from 5,350 to 3,464, a decrease of 1,866 hours.
In addition, the agency is making the following minor changes to
Form 5 in anticipation of upcoming regulatory changes, and to make the
form easier to read, correct minor errors, and adjust for updated
technology:
<bullet> revising the title to be more clear
<bullet> removing the photo box on the form to allow the option to
attach either a passport-style photo or a copy of a photo
identification document
<bullet> combining race/ethnicity items
<bullet> allowing additional types of electronic/digital signatures
<bullet> revising the fillable pdf form to link copy 1 and copy 2 so
that copy 2 gets populated as the copy 1 is filled in, except for check
boxes and signature
<bullet> adding references to eForms and <a href="http://pay.gov">pay.gov</a>
<bullet> adding reference to the refund process
<bullet> removing the CLEO notification requirement and copy
<bullet> adding instructions for married couples jointly making,
transferring, and registering a firearm, as an `other legal entity'
<bullet> correcting typographical/grammar items
<bullet> adding email addresses for different questions: <a href="/cdn-cgi/l/email-protection#305e5651705144561e575f46"><span class="__cf_email__" data-cfemail="8ee0e8efceeffae8a0e9e1f8">[email protected]</span></a>,
<a href="/cdn-cgi/l/email-protection#e980998ba9889d8fc78e869f"><span class="__cf_email__" data-cfemail="8ce5fceeccedf8eaa2ebe3fa">[email protected]</span></a>, & <a href="/cdn-cgi/l/email-protection#cca2aaadaaadb48cadb8aae2aba3ba"><span class="__cf_email__" data-cfemail="4729212621263f0726332169202831">[email protected]</span></a>
Public Comments
ATF received one set of comments on this information collection
during the 60-day notice and comment period. The commenter, a dealer in
NFA firearms, submitted a joint comment on ICRs 1140-0011, 1140-0014,
1140-0015, and 1140-0107, expressing support for the changes ATF is
making to ATF Form 5320.1 (``Form 1'') covered by this ICR, and Forms
5320.4, 5320.5, and 5320.23.
Comment Summary
Specifically, the commenter stated that removing the requirement to
send a copy of the form to CLEOs was a welcome change, and would
alleviate concerns the commenter said CLEOs have about inadvertently
creating a firearms registry in their office due to these forms. The
commenter also advocated that all attempts to modernize the form,
including allowing digital signatures, should be pursued and are also
long overdue. Prohibiting digital signatures, the commenter added,
imposes an unnecessary burden on applicants. The commenter also
expressed support for the changes allowing a copy of photo IDs instead
of requiring a 2'' x 2'' photograph and removing the requirement to
submit fingerprints with each application, stating that neither
requirement is needed even though required by statute.
ATF Response
ATF appreciates the feedback from this commenter on the proposed
changes. It is helpful to receive feedback, positive or negative, from
persons impacted by our processes so we can make them more user-
friendly and efficient. In response to the commenter's suggestion that
ATF should make all efforts to modernize these NFA forms, we think the
following information will be helpful. The proposed changes to these
forms reflect larger changes the agency is making to its NFA
regulations and across other NFA forms, as well. These changes have
been developing for some time and are projected to take effect during
the next year. In addition to allowing electronic signatures, ATF is
also making its NFA forms electronically fillable as the ICRs come up
for renewal, and expects to move to solely electronic forms in 2026. In
addition, NFA is continuing to build the rest of its forms into its
eForms platform, so applicants can complete and submit the forms
online.
If you need additional information, contact: Darwin Arceo,
Department Clearance Officer, Policy and Planning Staff; Justice
Management Division; United States Department of Justice; Two
Constitution Square, 145 N Street NE, 4W-218, Washington, DC 20530.
Dated: October 28, 2025.
Darwin Arceo,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2025-19724 Filed 10-29-25; 8:45 am]
BILLING CODE 4410-FY-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.