gun trust assignment sheet

Gun Trust Guide [2024] Everything You Need to Know about NFA Trusts

• Updated February 3

Many people looking to purchase NFA Firearms wonder if they should put the guns into a special kind of trust called an NFA Gun Trust.

As you’ll see below, we don’t think using a regular firearms trust is worth it anymore. Sure, there was a time when a gun trust was a smart idea for your NFA firearms but with the ATF’s changes in how they are handled (Rule 41f), we don’t think an NFA Gun Trust makes much sense anymore. In fact, using a gun trust can now make things more difficult.

Instead, we think that the benefits of an FFL far outweigh using a trust – that’s one of the many reasons we help people get their own FFL , even from their home.

In this Gun Trust Guide, we’re going to cover:

NFA Firearm Background

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• Who is a "Responsible Person" on an NFA Trust?

There is a special class of firearms, called NFA or Class II firearms, that are highly regulated and require the payment of a federal tax and ATF approval before you may legally possess them.

This class of NFA Firearms includes:

• Silencers (suppressors)
• Short Barreled Rifles (SBR)
• Short Barreled Shotguns (SBS)
• Full-Auto Machine Guns
• Destructive Devices (DD)
• Any Other Weapons (AOW)

These guns are called NFA Firearms because they are regulated by the National Firearms Act of 1934 . They are also sometimes called “Title II” firearms because the NFA is considered to be Title II of American gun controls laws whereas the later law, the Gun Control Act of 1968 (GCA) is considered to be Title I.

These are also incorrectly called “Class 3 Firearms.” This is incorrect because, “Class 3” refers to the type of Special Occupational Taxpayer (SOT) a dealer is in order to sell NFA Firearms. So, an FFL with a Class 3 SOT (sometimes incorrectly called a Class 3 license ) can sell Title II (or NFA) firearms.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) , regulates the creation and transfer of NFA Firearms and requires certain federal forms to be used in different situations.

For an individual to make their own NFA Firearm, they first need an approved ATF Form 1 .

For an individual to purchase an NFA Firearm from an FFL/SOT, they first need an approved ATF Form 4 .

For an FFL Manufacturer (a Type 07 FFL), they may submit an ATF Form 2 after it is made and the dealer purchasing it from another FFL for resale needs an approved Form 3.

Previously, in order for an individual (not an FFL) to manufacture an NFA firearm on an ATF Form 1 (Form 5320.1) or to purchase an NFA firearm on an ATF Form 4 (Form 5320.4), there were certain paperwork hurdles to cross imposed by Federal Firearms Regulations in 27 CFR 479.85.

Namely, the individual needed to fill out the appropriate ATF Form, obtain approval from their Chief Law Enforcement Officer (CLEO), and submit fingerprint cards and passport photographs along with their application to the ATF. Once the application was approved, only that individual was permitted to possess the NFA firearm.

These requirements prevented some individuals from otherwise lawfully possessing an NFA firearm, and they proved burdensome for others. In a few states, it is unlawful to possess an NFA firearm. In the majority of states, however, it is currently perfectly legal for a citizen to possess a silencer (suppressor), machine gun (made before 1986), short barreled rifle, short barreled shotgun, or an “any other weapon” as long as the federal requirements were met.

Even in states where NFA firearms are lawful to possess, however, some CLEOs refused to approve and sign ATF Form4s or Form 1s for residents in their jurisdiction. In effect, this was a one-person ban on certain firearms contrary to the democratically enacted law. Of those who were able to obtain a CLEO approval, some people felt that the fingerprint and photograph requirements were too burdensome and others didn’t like the fact that even their own spouse could not have access to their NFA firearms.

Enter the NFA trust.

Ok, you understand what an NFA Gun Trust is for, but now you’re wondering whether you should use one.

Next, let’s explore why a trust used to be a valuable tool in some situations, followed by the changes from the ATF and how trusts are handled now.

Previous Gun Trust Rules

First, a discussion of how trusts used to be handled. This does NOT apply anymore, and a discussion of the current trust rules after the ATF’s changes takes place below.

NFA Trusts used to have three main benefits:

• No Chief Law Enforcement Officer (CLEO) approval
• No fingerprints or photographs required
• Ability to share the NFA firearms among “members” of the trust

Through its regulations, the ATF allows only “persons” to lawfully possess NFA firearms. As with many (most?) legal issues, it all comes down to the definitions. For example, if you didn’t look up the definition of “persons” in the regulations, you might think that only individual human beings could possess NFA firearms.

In fact, the federal firearm regulations in 27 CFR 479.11 define “person” as:

“Person. A partnership, company, association, trust, estate, or corporation, as well as a natural person [(human being)]”

This means that entities/organizations such as corporations and trusts may also lawfully possess NFA firearms. The most popular of these non-human entities used for possessing NFA firearms is the trust.

Interestingly, the fingerprint, photograph, and CLEO approval requirements imposed by 27 CFR 479.85 only apply to individual human beings and not NFA trusts. Therefore, individuals who were unable to obtain a CLEO approval or who didn’t want to deal with the fingerprint and photograph requirements would usually use an NFA trust to possess the NFA firearm.

Another benefit of an NFA trust is the ability for more than one individual to lawfully possess the same NFA firearm. When the trust is the lawful possessor of an NFA firearm, then any individual who is the settlor or a trustee of that trust may lawfully possess that NFA firearm. This means that if a group of individuals (family and/or friends) are part of a trust, then they all can share and have access to NFA firearms owned by the trust.

This shared access also had a benefit for estate planning. If an individual NFA firearm owner passes away, the NFA firearms must be properly transferred to their heirs/assigns. Fortunately, there is a tax-free mechanism for this, but a transfer must occur none-the-less. If the heirs/assigns are part of the trust, then there is no transfer to take place. The firearms still remain transferred to the trust and the “members” of the trust still have access to them.

The biggest downside to a trust was the upfront complication and cost. Properly establishing a trust can be complicated and expensive. Many attorneys started selling “NFA Trusts” to help individuals enjoy the benefits of using a trust. If the rules aren’t followed carefully, a law-abiding citizen could find themselves on the wrong-side of the law because of a clerical error or a mishandled trust. Because of this, I never recommend using a trust that was not drafted by an attorney who understands firearm laws. Unfortunately, this also adds cost to an already expensive hobby.

Another downside to NFA trusts is one of their intended benefits – estate planning. For example, if you have a lot of money invested in NFA firearms that are held in a trust with you and your friends, then your family will not be able to inherit the NFA firearms because they weren’t yours – they belonged to the trust. Even if some family members are part of the trust, the other family members won’t have access to the NFA firearms and your family may have a more difficult time selling the firearms if they need the money because they don’t own the firearms – the trust does.

Even with all the benefits of an NFA Trust previously, I didn’t always recommend them to most people.

Of course, if you couldn’t get a CLEO approval, you had no choice but to use a trust. But, for everyone else, I would explain the merits of using a trust and also the costs and upfront complications and let them decide.

I wasn’t against using a trust, but I definitely didn’t think that they were the best solution for everybody. For example, many of the people who asked my opinion on the matter already had NFA firearms registered to them individually.

This meant that if they were to use an NFA trust for future NFA firearms, they still would be required to properly segregate their individually registered NFA firearms so that their family members did not have access to them. If they wanted to bring their current NFA items into their new trust, then it would be a new transfer process, and tax, for each item.

Current Firearms Trust Rules (ATF Rule 41f)

ATF’s new rules for NFA trusts significantly change the benefits of an NFA trust. If you were previously “on the fence” about whether to use an NFA trust, these new rules are likely to push you to the non-trust side.

After the ATF changed the rules on trust for NFA items, only one of the 3 previous benefits of using an NFA trust remains: sharing among members of the trust.

No Chief Law Enforcement Officer (CLEO) approval is required and no fingerprints or photographs required Also, there are some changes concerning the passing-down of NFA firearms to your heirs.

CLEO Approval Change – The benefit of not needing CLEO approval is now gone because nobody will need a CLEO approval under the new rules. Instead, every individual and every “responsible person” of a trust will only send paperwork to their respective CLEOs as notification – approval is not required.

Fingerprint/Photograph Change – The benefit of no fingerprint cards and no photographs for “members” of a trust is now gone because all “responsible persons” must submit fingerprint cards and photographs to their respective CLEO as a notification, and to the ATF for approval.

Arguably, this makes a trust much worse to deal with.

As I explain below in, Who is a “Responsible Person” on an NFA Trust? , every person who may lawfully possess an NFA firearm in the trust is a “responsible person” and therefore must comply with the new fingerprint, photograph, and CLEO notification requirements.

Passing-down NFA Firearm to Heirs Change – The new rules make it easier for an individual to pass NFA firearms down to their heirs/assigns.

If you’re confused about the terms NFA Trust and Gun trust and want to know the differences between each, I can make this simple.

Although a gun trust could technically refer to any trust holding all types of firearms (not just Title II guns), it is almost solely used to refer to NFA Firearms.

Therefore, an NFA Trust is the same thing as a Gun Trust.

The ultimate guide to getting your Federal Firearms License

So, should you use an NFA Trust? Is a gun trust worth it?

If your only purpose for getting/using an NFA trust was to avoid the CLEO requirement, then you no longer have a reason to use an NFA trust.

If your only purpose for getting/using an NFA trust was to avoid submitting fingerprints and photographs, then you no longer have a reason to use an NFA trust. Even if the new requirements only apply to the manager of the trust, if you are the one considering getting a trust, then the new requirements will surely apply to you.

If your only purpose for getting/using an NFA trust was for estate planning purposes so that your family would have your NFA firearms, you no longer have a reason to use an NFA trust.

If, however, your motivation to get/use an NFA trust was because of the ability to share possession of NFA firearms with those individuals in your trust, then it still may be a good option for you. It is definitely nice to be able to allow a trusted friend access to use and borrow an NFA firearm. It is also nice to not have to segregate the NFA firearms from your spouse – guys, do you feel like having a conversation with your wife about how she’s not allowed access to your “special safe?”

Even if you’re just getting a trust to share possession, they can still be a hassle because everyone in the trust needs to go through the whole process again each time you add another firearm in the future. However, that only applies with a regular NFA trust. I’ve since discovered a unique type of NFA trust that I not only like, I now recommend (instead of my previous answer of “don’t do it”). If you’d like, check out this other article I wrote, to learn more about this special NFA trust that I include as my #1 recommendation.

If you are going to use a trust to share possession, please be careful with interstate movement of NFA firearms. You must ensure that the NFA firearm is legal in every state you will travel through/to. And you may need to get government approval before you travel or ship the NFA firearm. For example short barreled rifles require approval from the ATF before crossing state lines. Silencers, however, may cross state lines for limited purposes without prior approval (although it’s still a good idea to get it).

As we covered above, the main decision someone has when they are purchasing an NFA firearm and getting it transferred to them from an FFL Dealer is whether they want to take possession of the firearm as an individual or whether they want to use an NFA gun trust.

The choice is yours, however, we obviously believe that a trust is no longer worth using and can actually make things much more complicated.

Instead, if you’re looking to get some more benefits (shared possession, etc.) we strongly recommend looking into getting an FFL.

A firearms trust no longer makes sense (to us).

Instead, if you’re looking for something better than taking possession of an NFA Firearm as an individual, you should look into getting an FFL.

An individual NFA transfer on a Form 4, even if you use a trust, requires a 10-month plus wait for ATF approval and the payment of a tax (usually $200). However, if you have your own FFL and become an SOT, your wait time is about 48 hours, and you pay a $500 tax once a year no matter how many NFA Firearms you get.

Now, you can NOT get an FFL just for individual use. You must have a business intent. We cover all of this in our course on how to get an FFL .

If you want to set up a gun trust, do NOT try to do it yourself.

It is fairly complicated and a mistake now, even if not caught by the ATF, can get you into a lot of trouble later.

If you want a gun trust, either hire an attorney or check out our friends at SilencerShop.com

This new rule by the ATF makes a few changes to the current regulations on making and possessing NFA firearms using trusts. Namely:

• “Responsible persons” must complete a specified form and submit fingerprints and photographs when the trust makes or acquires an NFA firearm.
• Copies of the new “responsible person” form and the NFA application/form must be forwarded to the Chief Law Enforcement Officer (CLEO) for each “responsible person”.
• CLEO signatures/certifications are no longer required.

In addition to the major changes above, procedural changes and clarifications have been made. For example, the term “responsible person” has been defined, and certain provisions have made it easier to handle NFA firearms in the estate of a deceased person.

Summary: Two of the three significant changes by the ATF increase the burden on the use of NFA trusts. These two changes ensure that each person that may lawfully possess an NFA firearm undergoes a background check and that local law enforcement is notified of each new NFA firearm possessed by a trust. The third significant change will make it easier for some people to make and possess NFA firearms without a trust. This change removes the requirement of law enforcement approval for individual NFA applications/forms.

With these changes, much of the benefit of having an NFA trust no longer exists. Fingerprints and paperwork must now be done for each and every person on the trust, and it is no longer necessary for some to avoid the CLEO approval requirement. The only remaining benefit is the ability to share NFA firearms among trust members.

Background: The National Firearms Act of 1934 (NFA) controls certain classes of firearms. NFA firearms, such as Silencers, Short Barreled Rifles (SBR), Short Barreled Shotguns (SBS), “Any Other Weapons” (AOW), “Destructive Devices,” and Machine Guns, were regulated in an attempt to prevent gang violence. These firearms generally require approval from the ATF before any person or entity may possess them, and an excise tax must be paid (per item or yearly) for the manufacture and transfer of them.

An FFL manufacturer may make an NFA firearm by merely notifying the ATF that the NFA firearm was made. However, before that manufacturer may transfer the NFA firearm to another FFL, non-FFL entity, or individual, approval must be obtained from the ATF. Most FFL manufacturers and dealers of NFA firearms are Special Occupational Taxpayer (SOTs) which means that they pay the NFA excise tax as a yearly fee instead of a tax per item. Individuals, however, typically pay a $200 tax ($5 for AOW) for every NFA firearm they have transferred to them. Different ATF forms are used depending on the intended recipient of the NFA firearm. Also, special restrictions exist for some instances (post-1986 machine guns, for example) that won’t be discussed here because the new ATF NFA trust rule doesn’t affect them.

In addition to the application/form and the excise tax, individuals who want to possess an NFA firearm also had to submit fingerprint cards, photographs, and receive approval from their local Chief Law Enforcement Officer (CLEO). The biggest problem with this process was the “CLEO sign-off.” This was an issue because some CLEOs are anti-gun, and they refused to approve the application from anyone in their jurisdiction, even though the person was a lawful recipient and the NFA firearm was completely legal to possess and use. In effect, it allowed one person to restrict the gun rights of a group of people without cause.

A way around the CLEO sign-off requirement was to for a trust. According to federal firearm regulations, a person or entity may possess NFA firearms. A trust (or corporation) is an entity that can posses an NFA firearm, and certain people that are part of the trust could then also posses the NFA firearm. Because the CLEO sign-off requirement did not apply to entities (trusts), an NFA trust was the best work-around for an activist CLEO. The fingerprint and photograph requirements also didn’t apply to NFA trusts.

Another benefit of an NFA trust involves who may possess the NFA firearm. As an individual NFA firearm possessor, you can’t let your friend borrow an NFA firearm. If you are both on the same trust, however, the NFA firearm may be possessed by anyone in the trust.

Major Changes:

1. “Responsible persons” must complete a specified form and submit fingerprints and photographs when the trust makes or acquires an NFA firearm

The biggest complaint against NFA trusts was that the individuals on the trust didn’t have to submit fingerprints, photographs, nor undergo a background check upon the transfer of each NFA firearm. This change applies similar controls to individuals, and members of an NFA trust.

2. Copies of the new “responsible person” form and the NFA application/form must be forwarded to the Chief Law Enforcement Officer (CLEO) for each “responsible person”

Another argument against NFA trusts was that local law enforcement was unaware of who possessed what NFA firearms in their jurisdiction. This article is long enough without me getting into this debate and explaining how this was not an issue and how lawful possessors of NFA firearms obey the law. This change will notify the CLEO of all NFA applications/forms.

3. CLEO signatures/certifications are no longer required

The biggest complaint against the CLEO approval requirement was that it allowed one person to over-rule a democratically elected legislature’s laws allowing the possession and use of NFA firearms. The requirement originally allowed the local law enforcement, who at the time was in the best position to know who should and should not possess an NFA firearm in their jurisdiction, to advise the ATF on how they should rule on the application. In modern times, however, the federal government is in a much better position than local law enforcement to determine who is permitted to possess an NFA firearm. Also, some CLEOs didn’t want to sign the form in fear that they might somehow be held liable for any wrongdoing by the possessor.

As you can probably tell, this issue intersected with the federal government not being able to conduct a background check on members of an NFA trust.

Minor Changes:

1. Definition of “Responsible Person”

The term “responsible person” for a trust or legal entity includes “those persons who have the power and authority to direct the management and policies of the trust or legal entity to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the trust or entity. In the case of a trust, those with the power or authority to direct the management and policies of the trust include any person who has the capability to exercise such power and possesses, directly or indirectly, the power or authority under any trust instrument, or under State law, to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for or on behalf of the trust.”

This means that every person that is part of a trust that may possess an NFA firearm of the trust and any person who is in charge of the trust is a “responsible person” and must submit the new form (ATF Form 5320.23) along with fingerprints and photographs. Effectively, they must undergo the same/similar process as individuals.

2. Rules easing the transfer of a deceased’s NFA firearms

Another reason some people liked trusts is the ability to have NFA firearms be “passed-down” to heirs without probate issues. While the estate is being sorted-out, the person in charge of the estate may lawfully possess the decedent’s NFA firearms without it being considered a transfer and the NFA firearms may go to any beneficiary of the estate (not just heirs) tax-free.

Who is a “Responsible Person” on an NFA Trust?

One of the multiple changes discussed above about the new trust rules, which include the removal of CLEO approval and new rules for handling firearms in an estate, is extra paperwork and approval requirements for “responsible persons.” These “responsible persons” on the trust will need to fill out a special form (Form 5320.23) and submit it along with fingerprints and photographs to the ATF with each application/form to make or transfer an NFA firearm. A copy of the “responsible person” form (Form 5320.23) and the NFA firearm application/form will also need to be sent to each “responsible person’s” local Chief Law Enforcement Officer (CLEO). The copies of the forms submitted to each respective CLEO are notification to law enforcement only – no approval from the CLEO is required.

These are not the same as Responsible Persons for FFLs

This will significantly increase the paperwork burden – as many CLEOs may be notified across the country as there are “responsible persons” on particular trust. It is important, therefore, to determine who is a “responsible person” on an NFA trust so that the proper paperwork can be filed with the ATF and the appropriate CLEOs may all be notified.

Here is the definition of a “responsible person” according to ATF’s Final Rule on NFA Trusts .

Responsible person. In the case of an unlicensed entity, including any trust, partnership, association, company (including any Limited Liability Company (LLC)), or corporation, any individual who possesses, directly or indirectly, the power or authority to direct the management and policies of the trust or entity to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the trust or legal entity.

Examples of who may be considered a responsible person include settlors/ grantors, trustees, partners, members, officers, directors, board members, or owners. An example of who may be excluded from this definition of responsible person is the beneficiary of a trust, if the beneficiary does not have the capability to exercise the powers or authorities enumerated in this section.

In short, anyone who may lawfully possess an NFA firearm in the trust is now a “responsible person” and is subject to the new application, photograph, fingerprint, and CLEO notification requirements.

The new definition includes two groups of people: (1) those who are in charge of the trust (or other legal entity) and (2) in the case of trusts, those who may lawfully possess the trust’s NFA firearms.

Group #1 – First, the definition establishes a “responsible person” as someone who has “the power or authority to direct the management and policies of the trust or entity to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the trust or legal entity” This means that anyone who actually controls the trust language and has the power to modify it is a “responsible person.”

These first two sections of the definition could be interpreted by some to include only those people who are in charge of the trust, who may also possess the trust’s NFA firearms. That interpretation is being used to say that trustees who are not “in charge” of the trust but instead may only possess the trust’s NFA firearms are not “responsible persons.” I think that interpretation is incorrect.

The most common argument I hear for the interpretation that trustees (or other possessors of NFA firearms in the trust who are not “in charge” of the trust) are exempt from this new requirement is that the trust-specific part of the ATF definition includes the word “and” instead of “or” and therefore includes only those who are in charge of the trust and those who may possess NFA firearms in the trust. This argument was persuasive. Essentially, the argument was that the first part (before the “and”) referred to those in charge of the trust and the second part (after the “and”) included those who may possess the NFA firearms in the trust.

The first part (before the “and”) reads: “In the case of a trust, those persons with the power or authority to direct the management and policies of the trust include any person who has the capability to exercise such power . . .”

The second part (after the “and”) reads: “. . . possesses, directly or indirectly, the power or authority under any trust instrument, or under State law, to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the trust.”

The crux of the debate is whether the language “capability to exercise such power” from the first part refers to the earlier language “direct the management and policies of the trust” or the later language from the second part, “power or authority to possess.” If it refers to the first part, trustees aren’t responsible persons. If it refers to the second part, they are.

I argue that it applies to the second part. As an example, I am going to include the entire trust specific part of the definition below with a substitution of some words and with the controversial “and” italicized and bold. Before the trust-specific section, the ATF already defined “those persons with the power or authority to direct the management and policies of the trust” as “responsible persons.” Therefore, in the trust-specific language below, I am going to replace the words “those persons with the power or authority to direct the management and policies of the trust” with the words “responsible persons.”

In the case of a trust, [responsible persons] include any person who has the capability to exercise such power and possesses, directly or indirectly, the power or authority under any trust instrument, or under State law, to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the trust.

With the substitution, it makes it more likely that the “power” before the “and” is referring to the “power” after the “and.” Effectively, it would read: those that have the capability to exercise the power, and have the power, to possess an NFA firearm of the trust are responsible persons. Of course, I have taken some liberties with the language to try to make my point.

To help my position, I refer to the last part of the definition published by the ATF:

The ATF includes “settlors/ grantors, trustees , partners, members, officers, directors, board members, or owners” in the possible definition of a “responsible person.” The ATF can’t conclusively include exactly who is a”responsible person” by their title under/in the trust because each trust is written differently. According to this last part of the definition, it is true that a trustee may not be a “responsible person” in some circumstances. However, conversely, it says that sometimes they will be.

If the alternative argument above is true and only those lawful possessors who are also in charge of the trust are “responsible persons,” then a trustee could never be a “responsible person.” Instead, only settlor/grantor would be a “responsible person.” Therefore, I think that because it is possible for a trustee to be a “responsible person” in some circumstances, it is not necessary that someone be in charge of the trust to be considered a “responsible person.”

NFA Trust FAQ

A gun trust is a legal entity that can possess NFA firearms.

Before, there were a couple of reasons to get a gun trust, but now with the rule change we think there is no good reason to get a gun trust.

Ryan Cleckner

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15 thoughts on “ Gun Trust Guide [2024] Everything You Need to Know about NFA Trusts ”

A very timely article, as I had just started working on my revocable trust. It seems to be fairly simple as I am recently divorced, and now my 17 year old daughter will be my only beneficiary. I had anticipated putting the non-NFA guns in the pour-over will and leaving them with her along with the furniture, etc. After reading this article, there is no point in getting a gun trust -unless the following complicates things.

Does my trustee (brother) have to proactively go through the finger print and paper work registration with the ATF in the event that I die before my daughter reaches age 18 in NC, or would he have a grace period before being required to do this, which might allow a direct transfer to my daughter when she turns 18 and completes her finger printing and registration and pays the $200 stamp transfer for each of the 10 stamps? I don’t want the ATF swooping in right after I die before my daughter turns 18 before she can even legally complete the transfer claiming that they have to confiscate the guns because there is no designated “legal” trustee to hold the firearms until my daughter turns 18. This window of vulnerability for this unlikely situation is 10 months.

So even though she will incur no debts, it appears that I will need to preserve cash -not only to pay for estate taxes and funeral expenses, but now, tax transfer stamps -and possibly two sets?

Thanks in advance for any advice or warnings.

Unfortunately, you’re going to have to go see an attorney licensed in your state to determine a few variables about how your trust is written, what you can do with it, your specific state’s laws, etc.

Is it possible to set up a NFA trust and purchase all the NFA items you want with just your name on the trust. Then when your done buying NFA items add all the trustees on when you make the last purchase. This would help you avoid all the paperwork that doing it as a group would cause.

It sounds easy that way but that sounds like a pain when it comes to actually getting it all figured out.

RE: Physical possession, storage and inheritance of a suppressor – individual vs trust. Thanks for the comprehensive article. I have questions which I hope you can answer within the scope of “not legal advice” and as necessary for your enterprise. I am not clear about the actual living with a suppressor. I understand that a trust is a legal person which can have title to property the same as a human.

1. Can the suppressor be stored with other non-NFA objects (guns, optics, etc)? 2. Can a non-licensed human legally hold/examine/retrieve a suppressor? 3. Can a non-licensed human have access to the suppressor storage area? 4. Must a suppressor be stored within a secured area or compartment? 5. Can a suppressor be part of an estate trust? 6. Upon death, what happens to a suppressor? For individual, the person is deceased. For trust with a sole trustee deceased? My concern is to understand the practical side of NFA issues and whether it is worth the time and money to pursue. Again, thanks for the extensive article. And if I am asking questions which lie in the domain of the courses you offer and you wish to defer there, I will understand. Regards, H. Mark Macha

Hello. I live in Wyoming. My Stepson lives in Utah. I want to Will him my NFA items. what steps do I need to take? Thanks

Nice article. I used a gun trust several years ago for several NFA items. However, the last two items I just did it as an individual. The attorney who wrote the trust is not responding to my inquiries. How do I transfer items from my gun trust into my individual self. Thanks Ed

One of the reasons I don’t like trusts is this exact issue. In order to get those firearms out of the trust and into your name, you will have to apply for a new Form 4 for each item, wait for them to be processed, and pay the tax stamp for each item again.

Why would you WANT to do this? As settlor (creator) of the trust, you can do everything with those NFA items that you could do it you owned them individually. PLUS, if in a trust, you can designate anyone else (friend, relative, etc.) as additional “trustees” allowed to borrow and possess items without needing their fingerprints (which you cannot do with individually owned suppressors). So why would you want to transfer from trust to individual, thus limiting your existing options?

Transferring from trust to individual doesn’t always make sense. However, it is not true that others don’t need fingerprints, they need to go through the same hassle every time.

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Frequently Asked Questions

Frequently Asked Questions

Can co-trustees buy and sell property in the trust.

No – you are the one and only Settlor. This means that only you can buy and sell property in the Trust. This protects Trust property and grants a level of security to you.

Can beneficiaries also use Trust property?

Beneficiaries can use Trust property, but only if they are also listed as Co-Trustees.

Who can witness the Trust execution?

Any person that is not a beneficiary that is also the age of majority may witness. That being said, the notary and beneficiaries cannot be witnesses. 

I’d like to amend my Trust – how do I do that?

The amendment process is very straightforward. Please complete any of the amendment forms attached in this packet. If the change is an amendment, just add it to your Trust paperwork. If the change is to revoke an amendment, simply remove the page from the Trust.

Can I put my Title I (standard firearm collection) in my NFA Trust?

Yes! We believe that this is a great way to plan for the future of your estate. You’ll need to complete the Assignment of Property form and keep it with your Trust.

Can I put other property in my NFA Trust?

This trust was created for firearms and NFA property. We recommend using this for weapons and firearm-related property, specifically.

Should I create a bank account with my Trust?

Contrary to popular belief, you do not need to create a bank account for this. In fact, NOT making a Trust bank account will make the entire process simpler, so we recommend that. You can always pay for your NFA weapon with your own personal funds.

Why does the Trust mention a deposit of $1?

This is a formality, but it ensures that your Trust always contains property, and is therefore always valid. 

Do I need to engrave any NFA weapons? If so, how?

If you are starting with a manufactured firearm, you can adopt the existing model, serial and caliber. You must add your manufacturer (Trust) name, and city/state. If you are creating a firearm from nothing (or an 80%) you must create all of that information. Please consult with the ATF for further guidance.

I have a short barrel rifle / short barrel shotgun – where do I engrave these?

Generally, the lower receiver. You’ll engrave the serialized part of the weapon. Please consult with the ATF directly for further guidance.

Should I keep a copy of my Trust with my NFA weapons?

It’s a very smart move to keep a copy of the Trust paperwork (not the original) and the tax stamp/Form 4 (not the original) with each of your NFA weapons. For additional security, you can keep a copy in your phone (a photo or email). 

I have another Trust – will this affect that one at all?

This NFA Trust will not affect your other Trust in any way, and your other Trust will not impact this one.

Return Policy

Our customer’s satisfaction is our top priority. If there are any errors that we make in spelling of customer names, location, or dates and the customer requests an update, we will honor the update within 7 days of purchase. After that, any mistake will incur a $10 change fee. If a full return is requested, please contact us at [email protected] . We reserve the right to deny refund requests, however, we will always make a good faith effort to understand and remedy any errors that the customer brings up.

I have more questions about the NFA. Help?

While we do our best to provide up to date, accurate information, the best resource for all things related to the NFA would be to email them at [email protected] . They are more than willing to answer questions if we cannot answer them.

Is forming an NFA Trust complicated?

Historically, lawyers created all Trust documents. We simplify the entire process so that you are able to do it online, from the comfort of your home.

What do I do once I have my Gun Trust?

Once your Trust documents are signed and notarized, you will submit a copy of the paperwork with the ATF Form 4 or 1 and Form 23 to the ATF at the time of your NFA item purchase. You’ll also need fingerprints and photos of each Trustee and Co-Trustee. For additional help, contact a local Class 3 firearms dealer.

Can this Trust be used to hold multiple items?

Yes! It can be used to purchase and hold as many items as you’d like.

Can minors be beneficiaries?

Definitely. A minor cannot be a Co-Trustee, however they can be a beneficiary. They just cannot hold the item until they turn 18 and can legally possess the items bequeathed to them.

Can I add other authorized users to my Trust?

Yes! This is known as a “Co-Trustee.” These users must also sign and notarize as responsible parties on the Trust. Other Trusts do not always have this feature, which is why an NFA specific trust is so great!

Please keep in mind that while there is no limit to the amount of Co-Trustees that can be added to the Trust, they must sign and notarize the Trust initially and if they are Trustees at the time of a Form 1 or 4 submission, they much have fingerprint cards and photographs submitted as part of the ATF process.

Only Co-Trustees can possess items in the trust if the Primary Trustee is not present.

Do I need to renew my NFA Trust annually?

Not at all. You set your Trust up one time, and have it forever.

When do I add items to the assignment sheet of my Trust?

As soon as you physically possess the serialized property.

Do I need to register the Trust in my State of Residence?

Generally, you don’t. However, there are ten (10) states with provisions for registering Trusts: Alaska, Hawaii, Michigan, Nebraska, Colorado, Idaho, Missouri, North Dakota, Florida, and Maine. If you live in one of these states, contact your local Circuit Court to register. The process is generally straightforward and simple.

For more information, visit this webpage: https://en.wikipedia.org/wiki/United_States_trust_law

Can I change my Trust in the future?

Of course. If you need to update the Trust, we include amendment templates in our package. If you have further questions on this process, contact us at [email protected].

Where should I get my Trust notarized?

Any U.S. notary can notarize your Trust. Typically, it’s easiest at FedEx Kinkos or UPS stores. Banks will also work, but it varies bank by bank. You can have the Trust notarized in any U.S. State, as long as you use a U.S. notary.

Do Co-Trustees need to also sign the Trust?

The Co-Trustees need to sign and notarize the acceptance pages specific to them. They will also need to obtain fingerprints and passport photographs if they are a Trustee on the Trust at the time of a Form 1 or Form 4 submission. 

What can a Co-Trustee do, exactly?

Co-trustees may only possess the Trust property during your lifetime, and at your discretion. Note that ALL Co-Trustees need to be at least eighteen (18) years of age and be legally able to possess a firearm. 

Get Your NFA Trust Now

The process is simple, affordable, and takes less than 5 minutes. 

At Gun Trust NFA, we help you create attorney-vetted gun trusts that adhere to the National Firearms Act (NFA) and its additions. We are happy to assist you with any questions through the ATF process. We are a private company and cannot provide you with legal assistance. If needed, look for an attorney in your county of residence. While our trust package will work in any of the United States, we recommend checking your specific state for any updated local rules, regulations, or restrictions. If you have any questions, don't hesitate to contact us for more information.

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NFA Assignment Sheet is Not a Schedule A

Question: Do I have to list all of the NFA items in my NFA trust on the Schedule A that I send in to the ATF?

Answer: The short answer is no, just list the item being purchased or the major components of the item being manufactured. The longer answer is you are confused about what you are sending to the ATF.

You are not sending a Schedule A to the ATF. You are sending an assignment form. Technically you should not have to submit an assignment form because (if you are administering your trust correctly) the NFA item is being purchased by the trust – no assignment to the trust is necessary because the trust/trustee purchased and owns the NFA item from the beginning. However, I am told that if you do not include the assignment form, the ATF will bounce your application back to you because the BATFE or ATF has confused the concept of funding a trust with the requirement that a trust be funded to be valid. An assignment sheet or schedule are documents that evidence funding a trust.

I think the problem is that many “form” trusts and trust instructions tell the trustee to keep track of all the trust assets on an additional schedule and attach that schedule to the trust. Typically, that schedule is called Schedule A. It is not a bad idea to keep a list of all items in the trust. However, the ATF does not require a complete list of trust assets each time you submit a form 1 or form 4.

We have choosen to use an assignment sheet instead of Schedule A so that you can include all of your firearms in the trust we have prepared without having to send a list of all of your guns to the ATF each time you want to make a purchase. This prevents that ATF from creating a de facto registration of your firearms.

The last page of your memorandum regarding NFA specific issues is typically the assignment form required by the ATF. This is not a Schedule A. Only the NFA item being purchased or the major components of the NFA item being manufactured needs to be listed on the assignment form and attached to the ATF form 1 or Form 4.

Remember if you are you are using a Form 1 it does not matter who makes the payments or purchases the components. With a Form 4, the trust should purchase the NFA firearm but it does not matter who makes the 200 payment to the AFT.

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NFA Trust Assignment Sheet

Good afternoon question came up today.

I’m selling an item out of my firearms trust.

Do I use the assignment sheet that came with the trust to convey that item to the new owner?

And the answer is no.

The assignment sheet that came with our [firearms/NFA] trust is specifically for transferring property into the trust.

Transferring property out of the trust you would just do it by a typical bill of sale. the assignment sheet is specific to when you’re adding property to the trust from another source.

SUBMIT NOW!

Schedule "A" vs. Assignment Forms

Benefits of a schedule "a".

• More organized
• Less ambiguous

Benefits of Assignment Forms

• More private
• Less re-drafted paperwork

As you can see there are benefits to both systems, but we have opted to use assignment forms as they are the more private method of asset tracking.

The main issue with using a Schedule "A" as a list of all assets owned by the trust is that it then must be submitted along with the trust whenever the settlor applies for a new NFA tax stamp. This creates a problem as other items such as non-NFA firearms may be owned by the trust at the time which would normally not have to be disclosed to the ATF.

If you would like to use a Schedule "A" instead of assignment forms, that option is available free of charge upon request. Simply contact us .

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• Free Consultation: (877) 7GUN-LAW Tap Here To Call Us

Do I have to submit an executed copy of my Gun Trust with an electronic Form 1

While this may seem obvious, we regularly get asked this question.   YES, when using the ATF eFiling for a Fom1, a signed copy of your gun trust must be uploaded.  The maximum file size that can be attached is 3MB but you can upload multiple files if necessary.  We recommend scanning your gun trust at 200 DPI in black and white or grayscale to keep the file size small.  If you find that the file size is still over 3MB, you can separate the documents into several parts which can each be uploaded. In addition to the trust document, you must also submit all amendments which have been executed at the time of the filing, any schedules mentioned in the document like Shedule A, Sechedule B, lists of beneficiaries, list of co-trustees, and in most cases a Schedule A or Assignment sheet showing the trust has been funded is also required.

A word of caution about Gun Trusts that use a Schedule A to list firearms.

If your gun trust uses Schedules like a Schedule A to list the firearms, it may not be wise to include your non NFA firearms in the trust as you will end up sending the ATF a list of all of your firearms.  Gun trusts that use assignment sheets are generally preferable to others because of the ability to maintain the privacy over your non NFA firearms.

While many people initially consider the use of a gun trust for NFA firearms, many of the same benefits exist for Title I firearms or those subject to the GCA.  As we do not know who will survive us, where they will live, if they will be prohibited, or if they will be mature and responsible enough to have firearms after our death (we are not there to make those decisions) traditional estate planning can create problems for our family and friends.

Some trusts which are marketed as NFA trusts or gun trusts do not provide guidance on how to transfer NFA or Non NFA firearms and leave those decisions up to the individuals who survive you.  You should carefully review your trust to make sure those who will survive you will clearly be able to understand their duties and obligations.

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How to Create, Maintain and Run a NFA Gun Trust

Creating and executing a NFA Gun Trust with our NFA Gun Trust services is quite simple.  We have been providing NFA Gun Trust services for many years.  But we always seem to get asked.  How do I create, maintain and run a NFA Gun Trust?     

To start off lets describe what exactly a trust is.  A trust is a fiduciary arrangement that permits a trustee to hold property on behalf of a named beneficiary or beneficiaries.  Trusts are created to provide legal protection to the settlor's property within the trust and to ensure that the property within the trust is distributed to the beneficiary or beneficiaries to the trust.  In the case of our NFA Gun Trusts, the property within the trust would be NFA Firearms [Title 2 firearms] or non-NFA Firearms [Title 1 firearms].  Our NFA Gun Trusts are revocable trusts that can be changed or terminated by the settlor during his or her lifetime.  Some NFA Gun Trusts might be irrevocable trusts, in which the trust cannot be changed after the settlor establishes the trust, or becomes irrevocable upon the death of the settlor.  We describe both below: 

Revocable NFA Gun Trust:  A NFA Gun Trust that is revocable is no different than any other revocable trust, except it contains language specific to and related to the National Firearms Act.  A revocable trust is the most common and generally the preferred route for NFA Gun Trusts.  A revocable trust can be changed at any time and can be amended if you have second thoughts about your trust or would like to add or remove co-trustees later, etc.  

Irrevocable NFA Gun Trust: A NFA Gun Trust that is irrevocable is no different than any other irrevocable trust, except it contains language specific to and related to the National Firearms Act.  A irrevocable NFA Gun Trust is not common and generally not the preferred route for a NFA Gun Trust.  A  irrevocable trust cannot be changed after the trust has been signed and executed.  A NFA Gun Trust's contents may change over the lifetime of the settlor, which makes a irrevocable NFA Gun Trust not the preferred route.  Note:  After the settlor passes away or after a specific amount of time a revocable NFA Gun Trust may become irrevocable.

If you have any questions about which NFA Gun Trust is appropriate for you, you can reach out to us or you can reach out the other many NFA Gun Trust sources that are out there, or consult a local NFA Gun Trust Lawyer.  

Before we get into the how to's on getting your NFA Gun Trust setup, let's discuss the benefits and disadvantages to creating a NFA Gun Trust.  Below is an excerpt from our full article, "Why choose a NFA Gun Trust instead of filing individually for your ATF Form 1, ATF Form 4, or ATF Form 5?" .  This article describes in more detail the options that you have for filing for your ATF paperwork as an individual versus a NFA Gun Trust. 

Filing with an NFA Gun Trust:   If you are going to apply  for a ATF 5320.1 Form 1, ATF 5320.4 Form 4, or a ATF 5320.5 Form 5, with a NFA Gun Trust you will be required to fill out a ATF 5320.23 Responsible Person's Questionnaire for each responsible person named in the NFA Gun Trust.  This means that every responsible person named in the NFA Gun Trust will be required to submit the two fingerprint cards, a ATF 5320.23 Responsible Person's Questionnaire, and a passport photo.  In our NFA Gun Trust a responsible person is the settlor and any co-trustee(s).  Note: This maybe different in other NFA Gun Trusts.  

Benefits of filing with a NFA Gun Trust :

• Multiple Co-Trustees:  You can name multiple responsible persons, a.k.a co-trustees in our NFA Gun Trusts.  This allows them to use, transport and have access to the NFA items that are owned by the NFA Gun Trust. 
• Amendments:  The NFA Gun Trust can be amended.  Meaning you can add or remove co-trustees to the trust, change the successor trustee, add or remove beneficiaries, etc.  This adds flexibility to the NFA Gun Trust and is a major advantage of having a NFA Gun Trust.  We include these NFA Gun Trust amendments with every purchase.  Amendments only have to notarized.  Once notarized they are considered to a part of the original trust and must be sent to the ATF with your next NFA purchase.  Amendments allow you to dd or remove co-trustees to the trust without having to pay for a new $200 tax stamp.  
• CLEO: No CLEO signature is required. 
• Heritage:  NFA items that the trust owns can be passed down, and require the ATF Form 5 to do so, below describes this process if the NFA items that are being transferred to the beneficiary or beneficiaries that were named in the trust.   

Excerpt taken from the ATF 5320.5 Form 5

For registered NFA firearms in the estate, the executor should take action as soon as possible to arrange for the proper registration of the firearms. Possession of an NFA firearm not registered to the possessor is a violation of Federal law and the firearm is subject to seizure and forfeiture. However, we do allow the executor a reasonable time to arrange for the transfer of the registered  firearms in a decedent’s estate. This generally should be done before probate is closed. It is the responsibility of the executor of the estate to maintain custody and control of the firearms and to transfer the firearms registered to the decedent. The firearms may not be transferred to another party, such as a firearms licensee, for consignment or safekeeping. This would be a transfer subject to the requirements of the NFA. The licensee may assist the executor by identifying purchasers and acting as a broker. The firearms may be transferred on a tax-exempt basis to a lawful heir. The executor would apply on ATF Form 5, Application for Tax Exempt Transfer and Registration of a Firearm, for a tax-exempt tran sfer to a lawful heir. A lawful heir is anyone named in the decedent’s will or, in  the absence of a will, anyone entitled to inherit under the laws of the State in which the decedent last resided. NFA firearms may be transferred directly interstate to a beneficiary of the estate. When a firearm is being transferred to an individual heir, his or her fingerprints on FBI Forms FD-258 must accompany the transfer application. However, if any Federal, State or local law prohibits the heir from receiving or possessing the firearm, ATF will not approve the application.

ATF Form 4 is used to apply for the tax paid transfer of a serviceable NFA firearm to a person outside the estate (not a beneficiary). ATF Form 5 is also used to apply for the tax-exempt transfer of an unserviceable NFA firearm to a person outside the estate. As noted above, all requirements, such as fingerprint cards for transfers to individuals and compliance with State or local law, must be met before an application may be approved. If an NFA firearm in the estate  was imported for use as a “sales sample,” this restriction on the firearm’s possession remains. The NFA firearm may only be transferred to a Federal firearms licensee who has paid the special (occupational) tax to deal in NFA firearms or to a government agency.  

Excerpt taken from the Transfers of National Firearms Act Firearms in Decedents’ Estates.

We recommend pre-filling out a ATF 5320.5 Form 5 for every NFA item that the NFA Gun Trust has purchased.  This helps making the ATF 5320.5 Form 5 application for the estate easier. 

Disadvantages of filing with a NFA Gun Trust :

• Cost:  There is a cost to form and establish a NFA Gun Trust, our NFA Gun Trusts can be purchased for $59.95 and are able to used in all 50 states .  Other NFA Gun Trust lawyers can charge $500 or more for their NFA Gun Trusts.
• Time: Our NFA Gun Trusts are delivered to you in 5 minutes or less.  Other NFA Gun Trust lawyers and other NFA Gun Trust services can take many weeks to be received.  We take the hassle out of that process and deliver your personally reviewed trust in a timely manner.  
• More ATF Paperwork:  ATF 5320.23 Responsible Person's Questionnaire paperwork is required for every responsible person in the gun trust.  A responsible person in our NFA Gun Trusts are considered to be the settlor and any co-trustee(s).  This might be different in your NFA Gun Trust. 
• Trust Paperwork:  Trust paperwork may require pages within the trust to be, notarized, dated and witnessed. 
• Copy of Trust Must Be With You:  A photocopy of the notarized trust must accompany a copy of your tax stamp when you are transporting and shooting the NFA item(s).   We offer trust and tax stamp lamination services to help protect your paperwork when you are traveling with it.

 There are many ways to create a NFA Gun Trust.  Below are a few ways that NFA Gun Trusts can be made:

NFA Gun Trust Websites:  We provide NFA Gun Trusts to our customers for $59.95 and have never been denied by the ATF.  We make the process simple and easy to get your NFA Gun Trust.  Our NFA Gun Trusts are provided to our customers in less than 5 minutes from receiving their information. 

NFA Gun Trust Lawyer: If you prefer you can reach out to a NFA Gun Trust lawyer to draft a trust for you.  

Do-It Yourself Templates: Do-It Yourself Templates exist on the internet for NFA Gun Trusts, however we don't recommend this, as you might not be fully protected and potentially might not be in compliance with the ATF.  

In order to create your NFA Gun Trust you will need to know what the following NFA Gun Trust terminology is and who you want in each position in the NFA Gun Trust.  Each position in the NFA Gun Trust has a specific role and you should understand what each role is.  We have them listed below: 

The settlor is the person creating the NFA Gun Trust.  The settlor of the NFA Gun  Trust is also considered to be a trustee.  The settlor is a responsible person in the trust and must  supply a  passport photo , FD-258 fingerprint cards with the ATF 5320.23 Responsible P ersons Q uestionnaire when they are purchasing a NFA firearm.

Trustee/Co-Trustee 

A trustee (see settlor) and co-trustee(s) in a NFA Gun  Trust  are the responsible persons in a NFA Gun  Trust .  This means that they are allowed to use the and posses the NFA firearms that reside within the NFA Gun  Trust .  They are also subject to supplying passport photos, FD-258 fingerprint cards with the ATF 5320.23 Responsible Persons Questionnaire when they are purchasing a NFA firearm.

Successor Trustee

The successor trustee is in charge of the NFA Gun Trust upon the death of the settlor and the co-trustees.  In a NFA Gun  Trust you must appoint a successor trustee.  The successor trustee can play multiple roles, meaning the successor trustee can also be a beneficiary/and or a co-trustee in the NFA Gun  Trust .  The successor trustee is not a responsible persons in the NFA Gun Trust, unless he is named as a co-trustee.  If he isn't a responsible person and not named as a co-trustee, the successor trustee is not allowed use the NFA firearms.  They are also not required to submit a passport photo, FD-258 fingerprint cards and the ATF 5320.23 Responsible Persons Questionnaire for the NFA Gun Trust .  They are in charge of distribution of the trust contents to the beneficiaries when the trust can no longer be managed by the settlor and/or co-trustees.  

Beneficiary - Beneficiaries

The beneficiary or beneficiaries of the NFA Gun Trust are the persons who will own the NFA items upon death of the settlor.  The beneficiaries must meet all of the current requirements of a responsible person in order for the beneficiary to legally own the NFA firearms. You can designate how many items in the NFA Gun Trust go to each beneficiary or you can designate a percentage of the NFA Gun Trust contents to each beneficiary.  The beneficiaries are not active members of the NFA Gun  Trust and not considered to be responsible persons .  Thus, t hey are also not required to submit passport photos, FD-258 fingerprint cards and the ATF 5320.23 Responsible Persons Questionnaire for the NFA Gun Trust.  

Beneficiaries can transfer the NFA firearms to themselves or a NFA Gun Trust that they have created through the ATF Form 5 - Application for Tax Exempt Transfer and Registration of Firearm (ATF Form 5320.5) Walk-Through Guide , upon the passing of the settlor of your NFA Gun Trust.  In Box 1 of the ATF 5320.5 Form 5, the benefiary can select the box, "Firearm is being transferred to a lawful heir or by operation of law" to transfer the NFA Firearm(s) that the NFA Gun Trust owns to themselves for free.  You will also need to fill out Box 3a, "If Applicable: Decedent's Name, Address, and Date of Death", as well if you are applying for a tax free tax stamp for an heir.  A heir/beneficiary will need to fill out a ATF 5320.5 Form 5 for every NFA Firearm that they want to register and transfer. 

Maintaining and "Running" your NFA Gun Trust

There are a few ways that you will need to do to "maintain and run" your NFA Gun Trust once it has been executed.  Maintaining your Schedule A (if applicable) and updating your trust with NFA Gun Trust amendments, if you need to make any changes to your NFA Gun Trust.

"Schedule A"

The schedule to any trust is simple a legal document that lists information about your trust.  In the case of a revocable NFA Gun Trust the "Schedule A" or other Schedule's are used to list the Title I and Title II firearms [NFA Firearms] that reside within the trust. The Schedule A is an informational list of the contents of the trust, it is mainly use to help the successor trustee that you named understand what the NFA Gun Trust owns.  Upon your death or inability to manage the NFA Gun Trust the successor trustee will use the "Schedule A" document to understand what needs to be distributed to the beneficiary or beneficiaries to the NFA Gun Trust.  You will only be able to add items to the "Schedule A" when the NFA Gun Trust legally owns them.  This means when you apply for your first NFA Firearm you will not list the NFA Firearm in your "Schedule A", as the trust doesn't own the NFA Firearm yet.  You will list the NFA Firearm in your "Schedule A" only when you receive the tax stamp back and have completed a ATF 5300.9 - 4473 form (if applicable).  You will only need to complete a ATF 5300.9 - 4473 form when you are purchasing a NFA Firearm from a SOT dealer.  Person to person NFA transfers to not require this paperwork and can be placed in your Schedule A, when you receive your tax stamp back from the ATF and take possession of the NFA Firearm.  If you don't want to use a Schedule A, you can also opt to use a assignments page for your NFA Gun Trust that lists the assets that the NFA Gun Trust owns.

Amendments to your NFA Gun Trust

NFA Gun Trust amendments are used to change or modify an already executed NFA Gun Trust.  All of the NFA Gun Trusts that we sell include NFA Gun Trust amendments.  Other services might not.  You will need to ask them at the time of purchase.  You can also speak with a NFA Gun Trust Lawyer to draft an amendment to your trust.  Lastly, you can create an amendment to your NFA Gun Trust yourself, however this option is not recommended as you are more prone to making a mistake.  All three options are viable options.  To execute one of our NFA Gun Trust amendments you will need to get it witnessed, dated, signed and notarized.  Other NFA Gun Trust amendments might require more or less than previously mentioned. Once your NFA Gun Trust amendment is executed, it is considered to be a part of the whole trust.  This means that when you apply for your next NFA Tax Stamp, you will be required to send the ATF a notarized copy of your existing NFA Gun Trust and a notarized copy of any NFA Gun Trust amendments that you have executed.  It is highly recommend to keep your original NFA Gun Trust and the originals of any NFA Gun Trust amendments in one place.  To help and aid you with this we offer NFA Gun Trust Binder services to help you keep your ATF Tax Stamps, NFA Gun Trust, NFA Gun Trust amendments, Certifications of Trust and other important documents together in one place.  You should never send your original NFA Gun Trust or any original NFA Gun Trust amendments in with your ATF application(s).  The ATF will not send them back to you.  The most common NFA Gun Trust amendments that are used are to Add or Remove a co-trustee(s) from the NFA Gun Trust.  Those are the most common, but below is a list of the typical NFA Gun Trust amendments that you may need and encounter:

• Adding or Removing Co-Trustee(s)
• Changing the Successor Trustee
• Changing a Beneficiary or Beneficiaries
• Changing the Address of the NFA Gun Trust

These are the most common NFA Gun Trust amendments that you will encounter however, every situation has the potential to be different and you may need to execute a NFA Gun Trust amendment that isn't listed above. 

Information located within this article is current as of August, 2018. Information located within this article is an original guide created by National Gun Trusts and not to be cited or used without the written permission of National Gun Trusts.

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A community of hobbyists interested in NFA items, history, and news. We seek to expand general understanding of the laws collectively referred to as the National Firearms Act and their implications for gun owners and citizens of today. Silencer, SBR, SBS, DD, AOW, and MG posts are all welcome here. Content suggesting non-compliance or discouraging NFA ownership will not be tolerated.

Gun Trust Assignment Sheet

I just got a gun trust from National Gun Trusts and have a question about the assignment sheet. I own 5 NFA items with individual tax stamps. Do I add those to assignment sheet now or do I have to wait till I file the form 4? Also can I get the trust notarized but not the assignment sheet until the form 4s come back? Thank you.

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