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 § 5-73-103.

"Responsible Person" means an individual who possesses, directly or indirectly, the power or authority to direct the Trust's management and policies insofar as they pertain to firearms, including authority to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for or on behalf of the Trust. Under 27 C.F.R. § 479.11, a settlor/grantor, trustee, beneficiary, or other person is included only when the individual has the relevant power or authority; title alone is not conclusive.

"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
☐ The current NFA making/transfer tax has been handled under 26 U.S.C. §§ 5811(a), 5821(a): $200 for a machinegun or destructive device and $0 for other NFA firearms; retain the approved form or eForms approval as proof of registration
☐ When required by a pending Trust Form 1 or Form 4 application: Each Responsible Person has submitted ATF Form 5320.23, fingerprints (FBI Form FD-258), and a 2x2 passport-style photograph
☐ When required by a pending Trust Form 1 or Form 4 application: 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 the current ATF form required for each proposed making or transfer. For a Trust Form 1 or Form 4 application, include the entity documentation, Form 5320.23, photograph, and two FD-258 fingerprint cards required for each Responsible Person under 27 C.F.R. §§ 479.62–479.63 and 479.84–479.85;

(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) Obtain ATF authorization before interstate or foreign transport when required for a destructive device, machinegun, short-barreled shotgun, or short-barreled rifle under 18 U.S.C. § 922(a)(4) and 27 C.F.R. § 478.28. ATF Form 5320.20 may be used. This federal preauthorization rule does not list silencers or AOWs, but destination law and transfer rules still apply;

(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 roster records persons who may exercise firearm-related authority under this instrument. Under 27 C.F.R. § 479.11, an individual is a Responsible Person only to the extent the individual actually possesses the relevant power or authority; listing a person here does not itself authorize possession or use of an NFA item:

☐ 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 § 5-73-103 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 legally eligible to possess every firearm to which access will be given; (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) include fingerprints, a photograph, and ATF Form 5320.23 with the next Trust Form 1 or Form 4 application when current ATF instructions require them.

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 the current tax under 26 U.S.C. § 5811(a) ($200 for a machinegun or destructive device; $0 for other NFA firearms)).

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 § 5-73-103;

(c) For each NFA firearm proposed for distribution after death, obtain current ATF guidance on the required transfer route. Use Form 5 only if ATF confirms an estate or operation-of-law tax exemption; otherwise use the current Form 4 and tax rate. See 27 C.F.R. § 479.90a and the current Form 4 and Form 5 instructions;

(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

Arkansas classification and possession review: This instrument does not classify every NFA item as lawful under Arkansas law. Before any acquisition, possession, access, transport, use, or distribution, Arkansas firearms counsel must identify the item, possessor, location, and proposed conduct and review the then-current state and federal rules.

☐ Eligibility reviewed under Ark. Code § 5-73-103 and applicable federal law
☐ Machine-gun classification and purpose reviewed under the Uniform Machine Gun Act, Ark. Code §§ 5-73-201 to 5-73-210
☐ Item-specific Arkansas prohibitions, exceptions, location restrictions, hunting rules, and local rules reviewed
☐ Federal registration, tax, transfer, transport, and possession requirements reviewed separately

Citation warnings: Ark. Code § 5-73-322 regulates concealed handguns at universities, colleges, and community colleges; it is not a suppressor-authorization statute. Section 5-73-119 concerns possession by a minor or possession on school property; the Arkansas provision governing firearm possession by certain persons is § 5-73-103. The concealed-handgun licensing subchapter, § 5-73-301 et seq., does not by itself determine whether a particular NFA item or transaction is lawful.

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
☐ When required by a pending Trust Form 1 or Form 4 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 filed and approved before making any NFA firearm; current making tax under 26 U.S.C. § 5821(a) is $200 for a machinegun or destructive device and $0 for other NFA firearms
☐ Form 4 filed and approved before any inter vivos NFA transfer; current transfer tax under 26 U.S.C. § 5811(a) is $200 for a machinegun or destructive device and $0 for other NFA firearms
☐ Before any post-death NFA distribution, obtain current ATF guidance on the required form; use Form 5 only if ATF confirms tax-exempt eligibility, otherwise use the current Form 4 and tax rate, and retain custody until approval

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. § 5811 — current transfer-tax rates
• 26 U.S.C. § 5821 — current making-tax rates
• 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 § 5-73-103 — Possession of firearms by certain persons
• Ark. Code §§ 5-73-201 to 5-73-210 — Uniform Machine Gun Act
• Ark. Code § 5-73-301 et seq. — Concealed Handgun Carry Licensing
• Ark. Code § 5-73-322 — Concealed handguns at universities, colleges, and community colleges
• 18 U.S.C. § 922(g), (n), (o) — Federal prohibited-person possession, indictment-based shipment/receipt, and machinegun transfer/possession rules

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.