CALIFORNIA GUN TRUST / NFA TRUST

TABLE OF CONTENTS

1. Declaration of Trust
2. Definitions
3. Trust Property
4. Trustee Powers and Duties
5. California-Specific Restrictions
6. Beneficiary Provisions
7. Successor Trustee
8. Amendment and Revocation
9. Distribution Upon Death
10. Compliance Schedule
11. Signatures

1. DECLARATION OF TRUST

Trust Name: [________________________________________]

Date of Execution: [__/__/____]

I, [SETTLOR FULL LEGAL NAME], residing at [________________________________________], City of [________________], County of [________________], State of California, hereby establish this revocable inter vivos trust for the purpose of acquiring, holding, and transferring firearms in compliance with federal and California law.

2. DEFINITIONS

"Firearm" means any device designed to be used as a weapon from which a projectile is expelled through a barrel by the force of any explosion or other form of combustion, as defined under Cal. Penal Code § 16520.

"NFA Item" means any firearm regulated under 26 U.S.C. §§ 5841–5872, including but not limited to suppressors, short-barreled rifles, short-barreled shotguns, machine guns, destructive devices, and any other weapons (AOWs).

"Prohibited Person" means any individual who is prohibited from possessing firearms under 18 U.S.C. § 922(g) or Cal. Penal Code § 29800 et seq.

"Responsible Person" means the Settlor, each Trustee, and any other person with the power to direct management or disposition of trust firearms, as defined in 27 C.F.R. § 479.11.

3. TRUST PROPERTY

All firearms and related items transferred to this trust are listed on Schedule A (attached). The Settlor may amend 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
☐ All transferred items comply with California Penal Code restrictions
☐ DROS (Dealer Record of Sale) completed for each applicable firearm
☐ Firearm Safety Certificate (FSC) obtained per Cal. Penal Code § 31615

4. TRUSTEE POWERS AND DUTIES

Initial Trustee: [________________________________________]

The Trustee shall have the following powers and duties:

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

(b) Complete ATF Form 4 (transfer) or ATF Form 1 (manufacture) for any NFA item, including submission of photographs and fingerprints for all Responsible Persons per ATF Rule 41F;

(c) Maintain all firearms in safe and secure storage;

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

(e) Comply with California-specific registration, transportation, and storage requirements;

(f) File ATF Form 5320.20 for interstate transport of NFA items.

5. CALIFORNIA-SPECIFIC RESTRICTIONS

CRITICAL NOTICE: California law prohibits civilian possession of most NFA items:

☐ Settlor acknowledges that this trust may NOT be used to acquire or possess items prohibited under California law
☐ Settlor acknowledges that a Dangerous Weapons Permit (Cal. Penal Code § 32650) may be required for certain items
☐ Settlor acknowledges California's Assault Weapons Control Act (Cal. Penal Code § 30500 et seq.)

6. BENEFICIARY PROVISIONS

Primary Beneficiary(ies):

Contingent Beneficiary(ies):

No beneficiary who is a Prohibited Person under federal or California law shall receive any firearm from this trust. The Trustee shall verify eligibility before distribution.

7. SUCCESSOR TRUSTEE

If the initial Trustee is unable or unwilling to serve, the following shall serve as Successor Trustee:

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

Each Successor Trustee must: (a) be at least 21 years of age; (b) not be a Prohibited Person; (c) hold a valid California FSC; and (d) submit fingerprints and photographs to the ATF 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 Cal. Prob. Code § 15401. Amendment or revocation shall be in writing and signed by the Settlor.

9. DISTRIBUTION UPON DEATH

Upon the death of the Settlor, the Trustee shall:

(a) Inventory all trust firearms within thirty (30) days;
(b) Verify each beneficiary's legal eligibility to possess firearms under federal and California law;
(c) Complete intra-family transfers through a licensed California firearms dealer per Cal. Penal Code § 27545, or utilize the parent/child or grandparent/grandchild exemption under Cal. Penal Code § 27875;
(d) File ATF Form 5 (tax-exempt transfer) for any NFA items transferred to an eligible beneficiary;
(e) Surrender or destroy any firearm that cannot be lawfully transferred.

10. COMPLIANCE SCHEDULE

☐ Annual review of trust firearms against current California prohibited weapons list
☐ Verification that all trustees hold valid FSC
☐ Confirmation that no trustee or beneficiary has become a Prohibited Person
☐ Updated ATF Responsible Person documentation for any new trustees
☐ Review of any new California firearms legislation affecting trust property

11. SIGNATURES

SETTLOR:

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

INITIAL TRUSTEE (if different from Settlor):

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

NOTARIZATION

State of California
County of [________________]

On [__/__/____], before me, [________________________________________], Notary Public, personally appeared [________________________________________], who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Notary Signature: ________________________________________
Commission No.: [________________]
My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

SCHEDULE A — TRUST PROPERTY

This document is provided as a legal template and does not constitute legal advice. California imposes significant restrictions on NFA items that severely limit the utility of an NFA trust. Consult a licensed California firearms attorney before execution.