Gun Trust / NFA Trust Template

This NFA Firearms Trust Agreement is executed on [Date] by [Grantor/Settlor Name] ("Settlor") and [Trustee Name] ("Trustee").

Article I – Purpose

• Establish a trust to lawfully own, possess, and transfer firearms regulated under the National Firearms Act ("NFA"), including suppressors, short-barreled rifles, and machine guns, in compliance with federal and state law.

Article II – Trust Property

• Initial trust property described in Schedule A (may include $10 cash or existing firearms).
• Procedures for adding firearms to trust (written assignment, ATF registration).

Article III – Trustees and Fiduciaries

• Trustee responsibilities: secure storage, recordkeeping, compliance with ATF Form 1/4 submissions, background checks.
• Co-trustees or successor trustees; criteria (must be legally eligible to possess firearms).
• Provision for Trust Protector to remove/appoint trustees if necessary.

Article IV – Beneficiaries and Use

• Beneficiaries permitted to use firearms under direct supervision of Trustee or per trust terms.
• Grant lifetime beneficial interests to Settlor and authorized trustees.
• Provide instructions for education on safe handling and storage.

Article V – Distributions and Transfers

• Procedures for lawful transfer upon Settlor’s incapacity or death (ATF notifications, Form 5 transfers).
• Successor beneficiaries (family members) subject to eligibility screening.
• Option to distribute firearms or sell and distribute proceeds.

Article VI – Compliance and Restrictions

• Trustee must maintain updated inventory with serial numbers and registration documents.
• Prohibit possession by prohibited persons; require immediate removal if beneficiary becomes ineligible.
• Include instructions for interstate transport, storage, and loaning firearms.

Article VII – Revocation and Amendment

• Trust may be revocable or irrevocable; specify rights of Settlor to amend or revoke.
• Amendments must maintain NFA compliance and be in writing.

Article VIII – Trustee Powers

• Powers to acquire firearms, pay taxes and fees, insure property, engage gunsmiths, lease storage facilities.
• Authority to hire legal counsel for compliance.

Article IX – Liability and Indemnification

• Trustee protected from liability for actions taken in good faith; beneficiaries indemnify trustee for misuse.

Article X – Governing Law

• Trust governed by laws of [State]; situs may be relocated to state permitting NFA trusts.

Article XI – Termination

• Trust terminates upon distribution of all firearms and property; final accounting provided to beneficiaries.

Signatures

Settlor: ____ Date: __

Trustee: ____ Date: __

Trust Protector (if any): ____ Date: __

Schedule A – Trust Property

• List of NFA items (manufacturer, model, serial number).
• Non-NFA firearms and accessories (if applicable).

Consult federal and state firearms attorneys to ensure trust language complies with ATF requirements and local laws.