Form 1 AND for 23 for Individual NFA item SBR?

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  • malvarez10

    Plinker
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    Oct 29, 2012
    6
    1
    Bloomington
    Hi everyone, been reading a lot, but have not found the answers I am looking for.
    So I am building my first SBR and want to make as few (none) mistakes as possible while filling out the new form 1.
    2 Questions then maybe more to follow:
    Do I need to fill out a form 23 if I am filing as an individual?

    I dont want to confuse the ATF with additional paperwork if it isn't necessary. Im assuming this is needed when filing it as a trust?

    Second question. In years past (2010s) I have been seeing advice of people walk in their form 1 to their local PD, Sheriff, etc. to get a CLEO to sign off on it. Now It would appear that is no longer the way it is done? It states on every copy on form 1: "Information for the CLEO: No action on your part is required. However, should you have info that may disqualify this person from making possessing firearm please contact NFA Division...." So Do I not need to get this signed before sending to the NFA? Just send in the copy to the Sheriff, and the 2 copies to the NFA and be done?

    Sorry this is long winded. I wanted to be as clear about my questions as possible. I tried calling the BTAFE, I will try again tomorrow. Thank you all for advice.

    And in case anyone is wondering why I am doing this as an individual and not a trust is because I have no living relatives left, or anyone that I would want to lend my firearms too.
     
    Last edited:

    Beowulf

    Master
    Site Supporter
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    66   0   0
    Mar 21, 2012
    2,880
    83
    Brownsburg
    From what I can tell, form 5320.23 is only required if you are filing a Form 1 for a trust or corporation. Otherwise, the information gathered on the form 1 is all you need for an individual (since it includes fingerprints and pictures as well).

    The ATF made the process way more stupidly convoluted with 41F and it's been confusing everyone including law enforcement.

    For your second question, if I'm reading the ATF's regulations correctly, if you are filing as an individual, all you should have to do is provide a copy of the completed Form 1 (the one that has all the firearm information blanked out on their eForms page) to your local CLEO for notification. You might want to call them and ask how they want it provided (mailed in, faxed, emailed, etc).

    I have only submitted one post-41F form, early this year, and I can tell you that IMPD here in Marion county had no idea what to do with the forms. Someone in the IMPD Citizen Services department (the one that handles firearm permits and used to handle the CLEO sign off) finally agreed to take a copy of my form. What they did with it, I have no idea, but I fulfilled the ATF's dumb requirements.
     
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