Application to Transfer and Register NFA Firearm (Tax-Exempt) (ATF Form 5320.5 (“Form 5”))

Forms and Documents

Document Name	Status
Form 5320.5 Application for Tax Exempt Transfer and Registration of Firearm Form and Instruction	Modified
Justification for Request to Expedite OMB Approval.docx Supplementary Document	2025-11-05
1140-0015 Privacy Act statement 2025.docx Supplementary Document	2025-11-03
USCODE-2023-title26-subtitleE-chap53-subchapC-sec5861.pdf Supplementary Document	2025-11-03
USCODE-2023-title26-subtitleE-chap53-subchapA-partII-sec5812.pdf Supplementary Document	2025-11-03
USCODE-2023-title18-partII-chap53-subchap-section5852-5853.pdf Supplementary Document	2025-11-03
CFR-2023-title27-vol3-sec479.89-91.pdf Supplementary Document	2025-11-03
CFR-2023-title27-vol3-sec479.81-86.pdf Supplementary Document	2025-11-03
1140-0015 Public comment summaries, responses (2025).docx Supplementary Document	2025-11-03
26 U.S.C. 5812 Transfers 12.31.2020.pdf Supplementary Document	2022-08-23
1140-0015 supporting statement part A 2025.w pub cmt 10-22-25.docx Supporting Statement A	2025-11-03

IC Document Collections

IC ID	Document Title	Status
12728	Application for Tax Exempt Transfer and Registration of Firearm Form and Instruction	Modified

ICR Details

OMB Control No: 1140-0015	ICR Reference No: 202510-1140-002
Status: Received in OIRA	Previous ICR Reference No: 202307-1140-006
Agency/Subagency: DOJ/ATF	Agency Tracking No:
Title: Application to Transfer and Register NFA Firearm (Tax-Exempt) (ATF Form 5320.5 (“Form 5”))
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 11/06/2025

	Requested	Previously Approved
Expiration Date	36 Months From Approved	10/31/2026
Responses	17,322	10,591
Time Burden (Hours)	3,464	5,350
Cost Burden (Dollars)	0	33,150

---

Abstract: Persons who wish to apply to transfer and register a National Firearms Act (NFA) firearm under an exemption from statutory taxes must use ATF Form 5320.5 ("Form 5"). ATF uses the information to determine legality of the firearm transfer under federal, state, and local law, and applicability of the tax exemption. Applicants also use the form to provide the information necessary to support their claim.

---

Authorizing Statute(s): US Code: 26 USC 5812 Name of Law: Tax on Transferring Firearms- Transfers
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 37887	08/06/2025
30-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 48903	10/30/2025
Did the Agency receive public comments on this ICR? Yes

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Application for Tax Exempt Transfer and Registration of Firearm	5320.5	Application for Tax Exempt Transfer and Registration of Firearm

---

ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	17,322	10,591	0	0	6,731	0
Annual Time Burden (Hours)	3,464	5,350	0	0	-1,886	0
Annual Cost Burden (Dollars)	0	33,150	0	0	-33,150	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

---

Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 11/06/2025

---