Arizona Gun Trust / NFA Trust

ARIZONA GUN TRUST / NFA TRUST

TABLE OF CONTENTS

1. Declaration of Trust
2. Definitions
3. Trust Property
4. Trustee Powers and Duties
5. Co-Trustees and Responsible Persons
6. Beneficiary Provisions
7. Successor Trustee
8. Amendment and Revocation
9. Distribution Upon Death
10. Federal Compliance — ATF 41F and § 922(g)
11. Arizona-Specific Provisions
12. Governing Law and Severability
13. 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 Arizona, hereby establish this revocable inter vivos trust (the "Trust") for the purpose of acquiring, holding, managing, possessing, transporting, and lawfully transferring firearms — including items regulated under the National Firearms Act, 26 U.S.C. § 5841 et seq., and 27 C.F.R. Part 479 — for the benefit of the Settlor during the Settlor's lifetime and for the named Beneficiaries thereafter.

This Trust is established pursuant to the Arizona Trust Code, A.R.S. §§ 14-10101 et seq. The Settlor is the initial Trustee unless otherwise designated below.

2. DEFINITIONS

"Firearm" means any weapon as defined in 18 U.S.C. § 921(a)(3) and A.R.S. § 13-3101(A)(4) — any loaded or unloaded handgun, pistol, revolver, rifle, shotgun, or other weapon that will expel, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive.

"NFA Item" or "NFA Firearm" means a firearm within 26 U.S.C. §§ 5841–5872, including silencers/suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), machine guns lawfully transferable under federal law, destructive devices, and any other weapons (AOWs). Arizona lists specified silencers, short-barreled rifles and shotguns, machine guns, and explosive devices under A.R.S. § 13-3101(A)(8)(a)(i)–(iv), but § 13-3101(B) excludes items possessed, manufactured, or transferred in compliance with federal law from those listed prohibited-weapon categories. For an item still classified as prohibited, assess § 13-3102(C)(4)'s exception for a person specifically licensed, authorized, or permitted by state or federal statute. Section 13-3102(H) concerns hunter or firearm safety courses; it does not supply an NFA exception.

"Prohibited Person" means any individual prohibited from receiving, possessing, shipping, or transporting firearms or ammunition under 18 U.S.C. § 922(g), 18 U.S.C. § 922(n), or A.R.S. § 13-3101(A)(7) (Arizona "prohibited possessor"), including persons convicted of a felony whose firearm rights have not been restored, persons subject to mental-health adjudication under § 36-540 whose rights have not been restored, persons serving a term of probation or parole for a domestic violence or felony offense, and the other categories enumerated in § 13-3101(A)(7)(a)–(g).

"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 for the locality in which the applicant or Responsible Person is located, as specified in 27 C.F.R. §§ 479.62(c) and 479.84(c).

3. TRUST PROPERTY

All firearms and related items transferred to this Trust are listed on Schedule A (attached and incorporated by reference). The Settlor may add or remove items from Schedule A at any time during the Settlor's lifetime without formal amendment, subject to current transfer or making law, ATF's October 9, 2026 enforcement guidance, and Arizona law.

Current federal and Arizona status: ATF says it will not enforce NFA application, approval, registration, and tax-stamp requirements for domestic making, possession, or transfer of suppressors, short-barreled rifles, short-barreled shotguns, and any other weapons; it continues to accept voluntary registrations. Machineguns and destructive devices remain under the full NFA. Arizona's § 13-3101(B) exclusion requires compliance with federal law; § 13-3102(C)(4)'s separate exception requires specific statutory licensing, authorization, or permission. ATF's federal nonenforcement announcement alone does not establish either Arizona condition. Until Arizona firearms counsel confirms another lawful route for an item in writing, this Trust requires an approved federal application before taking possession of an Arizona prohibited weapon.

☐ The Settlor has transferred the items listed on Schedule A to the Trust
☐ Required or Trust-elected Form 4 (transfer) or Form 1 (making) has been approved; for any covered zero-tax item without an application, the written item-specific Arizona-law review is attached
☐ 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

4. TRUSTEE POWERS AND DUTIES

Initial Trustee: [________________________________________]

The Trustee shall have the following powers and duties, to be exercised in conformity with the Arizona Trust Code, the National Firearms Act, and 27 C.F.R. Part 479:

(a) Acquire, possess, use, transport, store, and lawfully transfer firearms on behalf of the Trust;

(b) Submit the current ATF form when required by law or this Trust, or when the Trustee elects voluntary registration for a covered zero-tax item. 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) Provide notice (CLEO notification) to the chief law-enforcement officer of each Responsible Person's locality before submitting each Form 1 or Form 4 application to ATF, as required by 27 C.F.R. §§ 479.62(c) and 479.84(c);

(d) Maintain all Trust firearms in safe and secure storage so as to prevent access by any Prohibited Person, minor, or unauthorized individual;

(e) 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;

(f) Pay all federal taxes, fees, and costs associated with Trust firearms;

(g) Maintain accurate records of each Trust firearm — including any approved Forms 1/4/5, tax stamps, item-specific legal reviews, serial numbers, acquisitions, dispositions, and the identity of each Responsible Person — for the life of the Trust.

5. CO-TRUSTEES AND RESPONSIBLE PERSONS

The following individuals are designated as Co-Trustees and/or Responsible Persons. A listing does not by itself authorize possession or use. Access requires authority under this instrument, registration to the Trust where required or voluntarily obtained, satisfaction of all applicable federal and state restrictions, and any approval required for the transaction or transport:

For each Responsible Person, complete the applicable checks and retain the records with the Trust. Form-related checks apply when a Form 1 or Form 4 is filed:

☐ Verified as not a Prohibited Person under 18 U.S.C. § 922(g) or A.R.S. § 13-3101(A)(7)
☐ Submitted ATF Form 5320.23 (Responsible Person Questionnaire) with the most recent Form 1 or Form 4 ☐ No Form 1 or Form 4 filed
☐ Submitted two completed fingerprint cards (FD-258)
☐ Submitted one 2x2 inch passport-style photograph taken within the prior year
☐ CLEO notification copy provided to the chief law-enforcement officer of the Responsible Person's locality
☐ Confirmed age eligibility for the particular acquisition and possession route. 18 U.S.C. § 922(b)(1) regulates dealer delivery (18 for rifles/shotguns and 21 for other firearms); it is not a general federal possession-age rule

6. BENEFICIARY PROVISIONS

Primary Beneficiary(ies):

Contingent Beneficiary(ies):

No beneficiary who is a Prohibited Person under 18 U.S.C. § 922(g), A.R.S. § 13-3101(A)(7), or the law of the jurisdiction of intended receipt shall receive any firearm from this Trust. The Trustee shall verify each beneficiary's eligibility — both federal and applicable state — prior to any distribution and shall maintain documentation of such verification.

If a beneficiary resides in a state that prohibits civilian possession of a particular NFA Item, the Trustee shall not transfer that item to such beneficiary and shall apply the alternative-disposition provisions of Section 9.

7. SUCCESSOR TRUSTEE

If the Initial Trustee is unable or unwilling to serve, the following shall serve in order:

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

Each Successor Trustee must, prior to assuming office: (a) be of legal age to possess the firearms held in the Trust; (b) not be a Prohibited Person under federal or Arizona law; (c) provide ATF Form 5320.23, fingerprints, and photograph if required for the next Form 1 or Form 4 application; and (d) execute a written acceptance of trusteeship pursuant to A.R.S. § 14-10701.

8. AMENDMENT AND REVOCATION

The Settlor reserves the right to amend or revoke this Trust, in whole or in part, at any time during the Settlor's lifetime, pursuant to A.R.S. § 14-10602. Any amendment or revocation shall be in writing, signed by the Settlor, and delivered to the Trustee.

Upon revocation, all NFA Items held by the Trust must be transferred to the Settlor individually or another eligible transferee under current law, ATF guidance, and Arizona law. The applicable ATF transfer application and approval remain required for a machinegun or destructive device; the ordinary tax under 26 U.S.C. § 5811(a) is $200 for those items and $0 for other NFA firearms, subject to any statutory exemption. Apply the Arizona exception review in Section 3 before any transfer without a form. The Trust shall not dissolve until required approvals are obtained and all transfers are documented.

9. DISTRIBUTION UPON DEATH

Upon the death of the Settlor, the then-acting Trustee shall:

(a) Inventory all Trust firearms within thirty (30) days after the Settlor's death; this is a deadline set by this Trust. If the Trust becomes irrevocable at death, give the qualified beneficiaries the notice required by A.R.S. § 14-10813(B)(3) within sixty (60) days after the Trustee learns that it became irrevocable. A successor Trustee who accepts trusteeship shall also give the separate acceptance notice required by § 14-10813(B)(2) within sixty (60) days after acceptance;

(b) Verify each beneficiary's eligibility under 18 U.S.C. § 922(g), A.R.S. § 13-3101(A)(7), and the law of the jurisdiction of intended receipt;

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

(d) Transfer Title I firearms (non-NFA firearms) to eligible beneficiaries; Arizona does not require private-party transfers to proceed through a federal firearms licensee (FFL). Before any delivery to a beneficiary in another state, confirm that 18 U.S.C. § 922(a)(3) and (a)(5) permit it, including whether the bequest or intestacy exception applies; otherwise use a licensed dealer and comply with both states' laws.

(e) Retain custody of each NFA firearm until ATF approves any required or voluntarily filed transfer form, or the Trustee obtains the written legal review required by Section 3 for a covered zero-tax item without a form, before delivering possession to the beneficiary;

(f) If any beneficiary cannot lawfully receive a particular item, transfer such item to the next eligible contingent beneficiary, or arrange transfer to an FFL/SOT for sale with proceeds distributed under the Trust, or arrange surrender/destruction in accordance with ATF guidance.

10. FEDERAL COMPLIANCE — ATF 41F AND § 922(G)

The Settlor and each Responsible Person represent and warrant, as of the date of execution and as a continuing covenant, that none of them:

☐ Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year (§ 922(g)(1))
☐ Is a fugitive from justice (§ 922(g)(2))
☐ Is an unlawful user of, or addicted to, any controlled substance (§ 922(g)(3))
☐ Has been adjudicated as a mental defective or committed to a mental institution (§ 922(g)(4))
☐ Is an alien illegally or unlawfully in the United States, or admitted under a nonimmigrant visa with no qualifying exception (§ 922(g)(5))
☐ Has been discharged from the Armed Forces under dishonorable conditions (§ 922(g)(6))
☐ Has renounced United States citizenship (§ 922(g)(7))
☐ Is subject to a qualifying domestic-violence protection order (§ 922(g)(8))
☐ Has been convicted of a misdemeanor crime of domestic violence (§ 922(g)(9))
☐ Is a "prohibited possessor" under A.R.S. § 13-3101(A)(7) (felony conviction without restoration, court-ordered mental-health adjudication under § 36-540 without restoration, current incarceration, current probation/parole for DV or felony, certain alien categories, "guilty except insane," or found incompetent under Ariz. R. Crim. P. 11)

Any Responsible Person who becomes a Prohibited Person shall immediately (i) notify the Trustee in writing, (ii) be removed from firearm-related authority and access, and (iii) surrender possession and access to all Trust firearms. The Trustee shall promptly consult current ATF instructions and firearms counsel to determine whether the change requires any notice or filing before a pending or future application.

11. ARIZONA-SPECIFIC PROVISIONS

NFA Items Permitted in Arizona:

For the categories in § 13-3101(A)(8)(a)(i)–(iv), first assess the federal-compliance exclusion in § 13-3101(B). If the item remains a prohibited weapon, assess the separate authorization exception in § 13-3102(C)(4). ATF nonenforcement guidance alone does not establish either condition.

Arizona Carry and Regulatory Framework:

☐ Settlor acknowledges Arizona permits constitutional/permitless concealed carry under A.R.S. § 13-3102(A)(1) and § 13-3112 for persons 21+ who are not Prohibited Possessors
☐ Settlor acknowledges A.R.S. § 13-3108 expressly preempts political subdivisions from imposing firearm licensing, registration, or any rule more restrictive than state law (state preemption)
☐ Settlor acknowledges A.R.S. § 13-3122 prohibits requiring or using "electronic firearm tracking technology" on any firearm without the owner's written consent (Class 6 felony)
☐ Settlor acknowledges Arizona maintains a Castle Doctrine and Stand-Your-Ground framework under A.R.S. §§ 13-411, 13-418, and 13-419

Arizona Trust Code — Asset Protection Notes:

Under A.R.S. § 14-10505(A), a spendthrift provision does not bar the Settlor's creditors from reaching revocable trust property during the Settlor's lifetime. For an irrevocable trust, a creditor generally may reach the maximum amount distributable to or for the Settlor's benefit, subject to the statute's specific exceptions. This Gun Trust is REVOCABLE; assets remain reachable by the Settlor's creditors during the Settlor's lifetime and form part of the Settlor's gross estate for federal estate-tax purposes. Settlor should NOT rely on this Gun Trust for asset-protection purposes.

Storage and Access: Trust firearms shall be stored within Arizona in a manner reasonably preventing access by any Prohibited Person, minor not under direct supervision of a Responsible Person, or unauthorized individual. The Trustee shall not knowingly allow constructive possession by any Prohibited Possessor under A.R.S. § 13-3101(A)(7) or any federal Prohibited Person under § 922(g).

12. GOVERNING LAW AND SEVERABILITY

This Trust shall be governed by, and construed in accordance with, the laws of the State of Arizona — specifically the Arizona Trust Code, A.R.S. §§ 14-10101 et seq. The Trustee shall comply with applicable federal, state, and local law governing the acquisition, possession, transfer, manufacture, transport, and registration of NFA Items.

If any provision of this Trust is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. The Trustee shall construe this Trust so as to comply at all times with federal NFA law and Arizona law.

13. SIGNATURES AND NOTARIZATION

SETTLOR:

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

INITIAL TRUSTEE (if different from Settlor):

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

WITNESS 1 (recommended for evidentiary purposes; not required for revocable trust validity in Arizona):

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

WITNESS 2 (recommended for evidentiary purposes):

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

NOTARIZATION

State of Arizona
County of [________________]

Before me, the undersigned Notary Public in and for the State of Arizona, on this [____] day of [________________], [________], 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/they executed the same in his/her/their authorized capacity and for the purposes therein expressed.

GIVEN UNDER MY HAND AND SEAL OF OFFICE.

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

[NOTARIAL SEAL]

SCHEDULE A — TRUST PROPERTY (NFA AND TITLE I FIREARMS)

SCHEDULE B — RESPONSIBLE PERSONS LOG (ATF 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. §§ 5841–5872 (National Firearms Act)
• 27 C.F.R. Part 479 (Machine Guns, Destructive Devices, and Certain Other Firearms)
• ATF Final Rule 41F, 81 Fed. Reg. 2658 (Jan. 15, 2016)
• ATF Form 1, Form 4, Form 5, Form 5320.20, Form 5320.23
• 18 U.S.C. § 922(g) (Prohibited Persons)
• A.R.S. §§ 14-10101 et seq. (Arizona Trust Code)
• A.R.S. § 13-3101 (Definitions; "prohibited possessor" and "prohibited weapon")
• A.R.S. § 13-3101(B) (federal-compliance exclusion from specified prohibited-weapon categories)
• A.R.S. § 13-3102(C)(4) (exception for a person specifically licensed, authorized, or permitted by statute)
• A.R.S. § 13-3108 (State preemption of firearms regulation; no state licensing or registration)
• A.R.S. § 13-3112 (Concealed weapons permit framework)
• A.R.S. § 13-3122 (Unlawful use of electronic firearm tracking technology)
• A.R.S. §§ 13-411, 13-418, 13-419 (Castle Doctrine / defensive use of force)
• A.R.S. § 13-905, § 13-925 (Restoration of firearm rights)

This document is provided as a legal template and does not constitute legal advice. Consult a licensed Arizona firearms or estate-planning attorney before execution. Violations of the National Firearms Act are felonies punishable by up to ten (10) years' imprisonment under 26 U.S.C. § 5871; applicable fines are governed by § 5871 and 18 U.S.C. § 3571.