Colorado Gun Trust / NFA Trust

COLORADO 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. Colorado 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 Colorado, 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 Colorado Uniform Trust Code, C.R.S. § 15-5-101 et seq.

2. DEFINITIONS

"Firearm" means any weapon as defined in 18 U.S.C. § 921(a)(3) and C.R.S. § 18-1-901(3)(h).

"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:

"Large-Capacity Magazine" means a fixed or detachable magazine, box, drum, feed strip, or similar device capable of accepting more than fifteen (15) rounds of ammunition, as defined in C.R.S. § 18-12-301(2)(a), excluding magazines lawfully possessed in Colorado before July 1, 2013 (grandfathered under C.R.S. § 18-12-302(2)(a)).

"Prohibited Person" means any individual prohibited from possessing firearms under 18 U.S.C. § 922(g), 18 U.S.C. § 922(n), C.R.S. § 18-12-108, or C.R.S. § 13-14-105.5 (subject to a domestic-violence or extreme-risk protection order).

"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, subject to Colorado transfer law (C.R.S. § 18-12-112 universal background check and C.R.S. § 18-12-115 3-day waiting period).

☐ 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
☐ For each Title I firearm transferred to the Trust by a Colorado private party: Colorado universal background check completed through an FFL per C.R.S. § 18-12-112
☐ For each Title I firearm purchase from an FFL or qualifying transfer: Colorado 3-day waiting period observed per C.R.S. § 18-12-115
☐ 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, Colorado, 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) Comply with the Colorado 3-day waiting period (C.R.S. § 18-12-115) and universal background check (C.R.S. § 18-12-112) for all Title I firearm acquisitions and transfers, and ensure that any Responsible Person who takes physical possession of a Title I firearm by purchase or transfer is at least 21 years of age (C.R.S. § 18-12-112.5);

(e) Maintain all trust firearms in safe and secure storage in compliance with Colorado's safe-storage requirements (C.R.S. § 18-12-114);

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

(g) 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;

(h) Pay all federal transfer and making taxes, fees, and Colorado-required background check fees;

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

(j) Ensure that any magazines held by the Trust comply with the 15-round limit of C.R.S. § 18-12-302, or, if grandfathered, are documented as lawfully possessed in Colorado before July 1, 2013.

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 Colorado law
☐ Each Responsible Person is at least 18 years of age (and at least 21 if acquiring firearms by purchase or transfer in Colorado under C.R.S. § 18-12-112.5)
☐ Each Responsible Person has been verified against the Colorado extreme-risk protection order registry (C.R.S. § 13-14.5-101 et seq.) and the domestic-violence protection order registry
☐ 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), C.R.S. § 18-12-108, or who is subject to a Colorado extreme-risk protection order (C.R.S. § 13-14.5-101 et seq.) or domestic-violence protection order 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 21 years of age (consistent with C.R.S. § 18-12-112.5 for any Title I acquisition); (b) not be a Prohibited Person under federal or Colorado 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 C.R.S. § 15-5-602. 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)), subject to Colorado's universal background check (C.R.S. § 18-12-112) and 3-day waiting period (C.R.S. § 18-12-115) for any Title I 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), C.R.S. § 18-12-108, and any applicable Colorado protection-order registry;

(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 through an FFL as required by C.R.S. § 18-12-112, observe the 3-day waiting period under C.R.S. § 18-12-115, and confirm the beneficiary meets the C.R.S. § 18-12-112.5 minimum age of 21;

(e) Surrender to ATF or destroy any item that cannot lawfully be transferred to any beneficiary, including any large-capacity magazine that is neither grandfathered nor exempt under C.R.S. § 18-12-302.

10. COLORADO STATE LAW PROVISIONS

CRITICAL COLORADO OVERLAYS (NFA possession permitted, but Colorado law imposes the following purchase, transfer, and possession restrictions that apply to the Trust):

NFA Items Under Colorado Law:

☐ Settlor acknowledges Colorado's 3-day waiting period (C.R.S. § 18-12-115, HB 23-1219, eff. Oct. 1, 2023)
☐ Settlor acknowledges Colorado's age-21 minimum to purchase or take transfer of firearms (C.R.S. § 18-12-112.5, SB 23-169, eff. Aug. 7, 2023)
☐ Settlor acknowledges Colorado's universal background check on private transfers (C.R.S. § 18-12-112)
☐ Settlor acknowledges Colorado's 15-round magazine capacity limit (C.R.S. § 18-12-302) and the pre-July 1, 2013 grandfather provision
☐ Settlor acknowledges Colorado's safe-storage requirement (C.R.S. § 18-12-114) and lost/stolen reporting requirement (C.R.S. § 18-12-113)
☐ Settlor acknowledges Colorado's Extreme Risk Protection Order law (C.R.S. § 13-14.5-101 et seq.)

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 Colorado
County of [________________]

On this [____] day of [________________], [________], before me, the undersigned Notary Public in and for the State of Colorado, 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)

SCHEDULE C — MAGAZINE INVENTORY (C.R.S. § 18-12-302 COMPLIANCE)

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
• C.R.S. § 15-5-101 et seq. — Colorado Uniform Trust Code
• C.R.S. § 18-12-101 et seq. — Colorado firearms statutes
• C.R.S. § 18-12-108 — Possession of weapons by previous offenders
• C.R.S. § 18-12-112 — Universal background check on private transfers
• C.R.S. § 18-12-112.5 — Minimum age 21 to purchase firearm (SB 23-169)
• C.R.S. § 18-12-113 — Lost or stolen firearm reporting
• C.R.S. § 18-12-114 — Safe storage of firearms
• C.R.S. § 18-12-115 — 3-day waiting period on firearm transfers (HB 23-1219, eff. Oct. 1, 2023)
• C.R.S. § 18-12-301 to -303 — Large-capacity magazine ban (HB 13-1224)
• C.R.S. § 13-14.5-101 et seq. — Extreme Risk Protection Orders
• 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. Colorado imposes a 3-day waiting period, age-21 minimum, universal background check, and 15-round magazine limit on most firearm transactions. NFA items remain subject to strict federal regulation. Consult a licensed Colorado firearms attorney before execution.