The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), under the Department of Justice, published a notice in the Federal Register on October 30, 2025, announcing a 30-day public comment period for revisions to ATF Form 5320.5. This form facilitates the tax-exempt transfer and registration of firearms regulated under the National Firearms Act (NFA). The notice, part of the Paperwork Reduction Act process, seeks approval from the Office of Management and Budget (OMB) to continue collecting this information for three years, with changes aimed at reducing burdens through technological advancements. This development comes amid a notable increase in applications, from 10,591 respondents three years ago to an estimated 17,322 in 2025, highlighting growing demand for tax-exempt NFA transfers. The revisions address efficiency in a system that ensures compliance with federal firearms laws while exempting certain transfers from taxes typically applied under the NFA.
Background on the National Firearms Act and Form 5320.5
The National Firearms Act of 1934 regulates specific firearms and devices, such as machine guns, short-barreled shotguns, silencers, and destructive devices. It requires registration and imposes a transfer tax, but certain scenarios qualify for exemptions, including transfers to government entities, estates, or for temporary repairs. ATF Form 5320.5, known as the Application to Transfer and Register NFA Firearm (Tax-Exempt), serves as the mechanism for these exempt transfers. Applicants must provide details to verify the transfer's legality under federal, state, and local laws, and to claim the tax exemption.
Form 5 is mandatory for those seeking to retain benefits under the NFA, such as lawful possession without tax liability. The ATF uses the collected information to review and approve transfers, ensuring they do not violate prohibitions on certain firearms. This process ties into broader federal efforts to balance public safety with administrative efficiency, as overseen by the Paperwork Reduction Act of 1995, which mandates periodic reviews to minimize public burdens.
Key Revisions and Burden Estimates
The proposed changes to Form 5320.5 focus on modernization and burden reduction. ATF estimates the time per respondent will drop from 30 minutes to 12 minutes, largely due to electronic forms and digital tools. For instance, applicants can now submit electronic fingerprints on-site, use cell phone photos or photocopied IDs instead of traditional passports-style photographs, and employ various electronic or digital signatures. The form will link copies one and two for automatic population, eliminating redundant data entry except for checkboxes and signatures.
Additional updates include clarifying the form's title, adding references to eForms and pay.gov for online submissions, incorporating a refund process, and providing new instructions for married couples registering firearms as an 'other legal entity.' The removal of the requirement to notify and send a copy to the Chief Law Enforcement Officer (CLEO) addresses privacy concerns and streamlines the process. ATF also plans to add specific email addresses for inquiries, such as [email protected] for general questions.
Burden estimates reflect these efficiencies: total annual respondents have risen by 6,731 to 17,322, but the per-response time reduction leads to an overall drop in burden hours from 5,350 to 3,464. The estimated annual cost burden stands at $79,672, covering expenses like mailing or electronic submissions. These figures are based on ATF's methodology, which accounts for affected publics including federal, state, or local governments, and individuals transferring unserviceable firearms or handling estate-related matters.
Public Comments and ATF's Response
During the prior 60-day comment period, published in the Federal Register on August 6, 2025 (90 FR 37887), ATF received one comment from an NFA firearms dealer. The commenter expressed support for eliminating the CLEO notification, noting it alleviates concerns about unintended firearms registries in local offices. They also praised allowances for digital signatures and photo ID copies, describing them as overdue modernizations that reduce unnecessary burdens. The commenter suggested fingerprints and photos are statutorily required but not essential, advocating for further streamlining.
In response, ATF acknowledged the feedback and highlighted broader efforts to update NFA regulations. The agency is developing electronic fillable forms and integrating them into its eForms platform for online completion and submission by 2026. These changes align with revisions to related forms like ATF Form 5320.1, 5320.4, and 5320.23, indicating a systemic push toward digital efficiency.
Legal and Policy Context
This notice operates under the Paperwork Reduction Act, which requires agencies to justify information collections and seek public input. OMB control number 1140-0015 governs Form 5, with renewals limited to three years. The revisions do not alter core NFA statutes but respond to technological advancements and user feedback, potentially setting precedents for other ATF forms.
Politically, the ATF's focus on reducing administrative burdens echoes bipartisan calls for regulatory efficiency, seen in past reforms under the Gun Control Act and NFA amendments. However, perspectives vary: firearms rights advocates may view these changes as positive steps toward accessibility, while public safety groups could emphasize the need for robust verification to prevent misuse. No direct legal precedents are cited in the notice, but it aligns with OMB's role in overseeing federal information collections to ensure practical utility.
Implications for Stakeholders
Short-term effects include faster processing for applicants, potentially easing transfers for government agencies, estate executors, and repair services. Long-term, the shift to fully electronic systems could reduce errors and costs, benefiting an estimated 17,322 annual users. However, the increase in respondents suggests rising interest in NFA items, which may strain ATF resources if not matched by staffing or technology investments.
Different viewpoints emerge: supporters like the commenting dealer see it as user-friendly progress, while critics might argue that easing requirements could complicate enforcement. The notice invites further comments until December 1, 2025, via reginfo.gov, providing an avenue for diverse input.
In summary, ATF's proposed revisions to Form 5320.5 represent a targeted effort to modernize tax-exempt NFA transfers, driven by technological improvements and public feedback. Potential next steps include OMB approval, followed by implementation of the updated form and integration into eForms. Ongoing debates may center on balancing efficiency with regulatory rigor, as the agency navigates increasing applications and evolving digital landscapes. Challenges could arise if comment volumes highlight unforeseen issues, prompting further adjustments before final renewal.