Arkansas Gun Trust / NFA Trust

ARKANSAS GUN TRUST / NFA TRUST

TABLE OF CONTENTS

1. Declaration of Trust
2. Definitions
3. Trust Property
4. Trustee Powers and Duties
5. Responsible Persons (ATF Rule 41F)
6. Beneficiary Provisions
7. Successor Trustee
8. Amendment and Revocation
9. Distribution Upon Death of Settlor
10. Arkansas State Law Provisions
11. Federal NFA Compliance
12. Signatures and Notarization

1. DECLARATION OF TRUST

Trust Name: [________________________________________]

Date of Execution: [__/__/____]

I, [SETTLOR FULL LEGAL NAME], residing at [________________________________________], City of [________________], County of [________________], State of Arkansas, hereby establish this revocable inter vivos trust (the "Trust") for the purpose of acquiring, holding, managing, and transferring firearms, including items regulated under the National Firearms Act, 26 U.S.C. § 5841 et seq.

This Trust is established pursuant to the Arkansas Trust Code, Ark. Code § 28-73-101 et seq.

2. DEFINITIONS

"Firearm" means any weapon as defined in 18 U.S.C. § 921(a)(3) and Ark. Code § 5-1-102(6).

"NFA Item" means any firearm regulated under 26 U.S.C. §§ 5841–5872 and 27 C.F.R. Part 479, including but not limited to:

"Prohibited Person" means any individual prohibited from possessing firearms under 18 U.S.C. § 922(g), 18 U.S.C. § 922(n), or Ark. Code § 5-73-119.

"Responsible Person" has the meaning given in 27 C.F.R. § 479.11: the Settlor, each Trustee, and any other person with the power or authority, directly or indirectly, to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of trust firearms.

"CLEO" means the Chief Law Enforcement Officer of the locality in which a Responsible Person resides, for purposes of ATF Form 5320.23 notification.

3. TRUST PROPERTY

All firearms and related items transferred to this Trust are listed on Schedule A (attached). The Settlor may add or remove items from Schedule A at any time during the Settlor's lifetime without formal trust amendment.

☐ The Settlor has transferred the items listed on Schedule A to the Trust
☐ ATF Form 4 (transfer) submitted for each NFA item transferred to the Trust
☐ ATF Form 1 (make and register) submitted for each NFA item to be manufactured by the Trust
☐ $200 tax stamp paid for each NFA item ($5 for AOWs)
☐ Each Responsible Person has submitted ATF Form 5320.23, fingerprints (FBI Form FD-258), and a 2x2 passport-style photograph
☐ CLEO notification copy of Form 5320.23 sent to the CLEO of each Responsible Person's residence

4. TRUSTEE POWERS AND DUTIES

Initial Trustee: [________________________________________]

The Trustee shall have the following powers and duties:

(a) Acquire, possess, use, transport, and lawfully transfer firearms on behalf of the Trust, in compliance with all applicable federal, state, and local laws;

(b) Submit ATF Form 4 (transfer) or ATF Form 1 (manufacture) for each NFA item, including fingerprints, photographs, and ATF Form 5320.23 for all Responsible Persons per ATF Rule 41F;

(c) Notify each applicable CLEO of any Form 1 or Form 4 application by serving a copy of ATF Form 5320.23;

(d) Maintain all trust firearms in safe and secure storage, separate from any Prohibited Person's access;

(e) Ensure no Prohibited Person has access to trust firearms;

(f) File ATF Form 5320.20 (Application to Transport Interstate or to Temporarily Export Certain NFA Firearms) for interstate transport of SBRs, SBSs, machine guns, and destructive devices;

(g) Pay all federal transfer and making taxes, fees, and costs associated with trust firearms;

(h) Maintain accurate records of all trust firearms, acquisitions, dispositions, and ATF approvals (keep original tax stamps in a fireproof location with the trust instrument).

5. RESPONSIBLE PERSONS (ATF RULE 41F)

The following individuals are designated as Responsible Persons under 27 C.F.R. § 479.11 and may possess and use NFA items held by the Trust:

☐ Each Responsible Person has been verified as not a Prohibited Person under federal or Arkansas law
☐ Each Responsible Person is at least 18 years of age (21 for handguns / handgun-classified NFA items from an FFL)
☐ Each new Responsible Person added after initial filing will submit fingerprints, photographs, and Form 5320.23 with the next Form 1 or Form 4 application

6. BENEFICIARY PROVISIONS

Primary Beneficiary(ies):

Contingent Beneficiary(ies):

No beneficiary who is a Prohibited Person under 18 U.S.C. § 922(g) or Ark. Code § 5-73-119 shall receive any firearm from this Trust. The Trustee shall verify eligibility before any distribution.

7. SUCCESSOR TRUSTEE

If the Initial Trustee is unable, unwilling, or ineligible to serve:

First Successor Trustee: [________________________________________]
Second Successor Trustee: [________________________________________]

Each Successor Trustee must: (a) be at least 18 years of age; (b) not be a Prohibited Person under federal or Arkansas law; (c) be a United States citizen or lawful permanent resident eligible to possess firearms under 18 U.S.C. § 922(g)(5); and (d) submit fingerprints, photographs, and ATF Form 5320.23 as a Responsible Person.

8. AMENDMENT AND REVOCATION

The Settlor reserves the right to amend or revoke this Trust at any time during the Settlor's lifetime, pursuant to Ark. Code § 28-73-602. Any amendment or revocation shall be in writing and signed by the Settlor.

Upon revocation, each NFA item shall be transferred to the Settlor individually or to another eligible transferee by ATF Form 4 (with $200 transfer tax per item, or $5 for AOWs).

9. DISTRIBUTION UPON DEATH OF SETTLOR

Upon the death of the Settlor, the Trustee shall:

(a) Within thirty (30) days, inventory all trust firearms and reconcile against ATF tax stamps and the NFRTR;

(b) Verify each beneficiary's eligibility to possess firearms under 18 U.S.C. § 922(g) and Ark. Code § 5-73-119;

(c) File ATF Form 5 (Application for Tax Exempt Transfer and Registration of Firearm) for each NFA item being distributed to a lawful heir or beneficiary — Form 5 transfers are tax-exempt under 26 U.S.C. § 5852(b);

(d) Transfer Title I (non-NFA) firearms to eligible beneficiaries — Arkansas does not require private party transfers to go through a federal firearms licensee, but interstate transfers must comply with 18 U.S.C. § 922(a)(3);

(e) Surrender to ATF or destroy any item that cannot lawfully be transferred to any beneficiary.

10. ARKANSAS STATE LAW PROVISIONS

NFA Items Under Arkansas Law:

☐ Settlor acknowledges that Arkansas law permits NFA items when properly registered under federal law
☐ Settlor acknowledges that Ark. Code § 5-73-119 prohibits felons, certain mentally adjudicated persons, and unlawful drug users from possessing firearms
☐ Settlor acknowledges Act 746 of 2013 (Ark. Code § 5-73-301 et seq.), which Arkansas courts have read as permissive concealed carry, but that NFA possession remains governed by federal law

Concealed Carry: Arkansas issues Concealed Handgun Carry Licenses (CHCL) under Ark. Code § 5-73-301 et seq.; an enhanced CHCL is available under Ark. Code § 5-73-322. Possession of an NFA item under this Trust is governed independently by federal law and does not require a CHCL.

Hunting and Suppressors: Under Ark. Code § 5-73-322 and Arkansas Game and Fish Commission rules, lawfully possessed suppressors may be used while hunting in Arkansas.

11. FEDERAL NFA COMPLIANCE

☐ Each NFA item is registered on the NFRTR in the name of the Trust
☐ Original tax stamp (or eForm approval) maintained with trust records for each NFA item
☐ All Responsible Persons have current ATF Form 5320.23, fingerprints (FBI Form FD-258), and photographs on file with the most recent ATF application
☐ CLEO of each Responsible Person's residence notified by mailing or hand-delivering Form 5320.23
☐ ATF Form 5320.20 filed for interstate transport of any SBR, SBS, machine gun, or destructive device
☐ Form 1 ($200 making tax) filed for any item manufactured by the Trust BEFORE manufacture begins
☐ Form 4 ($200 transfer tax; $5 for AOWs) filed BEFORE any inter vivos transfer
☐ Form 5 (tax-exempt) filed for transfer to lawful heir upon Settlor's death

12. SIGNATURES AND NOTARIZATION

SETTLOR:

Signature: ________________________________________
Printed Name: [________________________________________]
Date: [__/__/____]

INITIAL TRUSTEE (if different from Settlor):

Signature: ________________________________________
Printed Name: [________________________________________]
Date: [__/__/____]

NOTARIZATION

State of Arkansas
County of [________________]

On this [____] day of [________________], [________], before me, the undersigned Notary Public in and for the State of Arkansas, personally appeared [________________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

WITNESS my hand and official seal.

Notary Signature: ________________________________________
Printed Name: [________________________________________]
Commission Expires: [__/__/____]

[NOTARIAL SEAL]

SCHEDULE A — TRUST PROPERTY

SCHEDULE B — RESPONSIBLE PERSON ROSTER (ATF RULE 41F)

Sources and References

• 26 U.S.C. § 5841 et seq. — National Firearms Act
• 27 C.F.R. Part 479 — NFA implementing regulations
• 27 C.F.R. § 479.11 — Responsible Person definition
• ATF Rule 41F, 81 Fed. Reg. 2658 (Jan. 15, 2016), effective July 13, 2016
• ATF Form 1 (5320.1), Form 4 (5320.4), Form 5 (5320.5), Form 5320.20, Form 5320.23
• Ark. Code § 28-73-101 et seq. — Arkansas Trust Code
• Ark. Code § 5-73-101 et seq. — Arkansas firearms statutes
• Ark. Code § 5-73-119 — Prohibited persons
• Ark. Code § 5-73-301 et seq. — Concealed Handgun Carry Licensing (Act 746 of 2013)
• Ark. Code § 5-73-322 — Suppressors and enhanced CHCL
• 18 U.S.C. § 922(g), (n), (o) — Federal prohibited persons and post-1986 machine gun ban

This document is provided as a legal template and does not constitute legal advice. NFA items are subject to strict federal regulation, and violations may result in serious federal felonies. Consult a licensed Arkansas firearms attorney before execution.