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). Prior ownership does not remove a magazine from this definition; C.R.S. § 18-12-302(2)(a) permits continued possession only by the person who owned it on July 1, 2013 and has maintained continuous possession.

"Prohibited Person" means any individual prohibited from possessing firearms under 18 U.S.C. § 922(g), C.R.S. § 18-12-108, a qualifying civil protection order under C.R.S. § 13-14-105.5, or an extreme risk protection order under C.R.S. § 13-14.5-101 et seq. Federal 18 U.S.C. § 922(n) separately limits receipt, shipment, and transport during a qualifying indictment.

"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, 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 the applicable background-check, sale-waiting-period, and specified-firearm rules in C.R.S. §§ 18-12-112, 18-12-115, and 18-12-116.

Current federal and Colorado status: ATF's October 9, 2026 guidance 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; voluntary registration remains available. Machineguns and destructive devices remain subject to full NFA enforcement. Colorado separately makes knowing possession of a silencer, machine gun, rapid-fire device, short shotgun, or short rifle a felony under C.R.S. § 18-12-102(1), (3). Section 18-12-102(5) supplies an affirmative defense for a person with a valid permit and license for possession; the federal nonenforcement policy does not itself establish that defense. Before this Trust acquires or transfers any such item, Colorado firearms counsel must confirm the item-specific state-law route in writing and the Trustee must retain that review. An ATF approval or registration should be obtained where needed to support that route.

☐ The Settlor has transferred the items listed on Schedule A to the Trust
☐ Any required or Trust-elected Form 4 transfer approval is retained; for a covered zero-tax item without one, the written Colorado-law review is attached
☐ Any required or Trust-elected Form 1 making approval is retained; for a covered zero-tax item without one, the written Colorado-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 any approved form or eForms approval if the item is registered
☐ For each Title I firearm transferred to the Trust by a Colorado private party: background check completed through an FFL when required by C.R.S. § 18-12-112, after checking subsection (6)'s exceptions
☐ For each Title I firearm sale to the Trust: where C.R.S. § 18-12-115 applies, delivery occurred only after both three days from initiation of the background check and approval of the transfer
☐ For each firearm covered by C.R.S. § 18-12-116: a purchase after August 1, 2026 fits a subsection (3) exception; a sale or transfer fits the subsection (2) out-of-state or dealer route or a subsection (3) exception
☐ 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 an ATF form when required or when the Trust elects voluntary registration for a covered zero-tax item; apply the Colorado-law review in Section 3 before acting without an approval. 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) For Title I firearm acquisitions and transfers, apply the background-check rule and exceptions in C.R.S. § 18-12-112; for sales covered by C.R.S. § 18-12-115, delay delivery until the later of three days after the dealer initiates the check or approval of the transfer. Check the age restrictions and exceptions in C.R.S. §§ 18-12-112 and 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, any ATF approvals and tax stamps, and written item-specific Colorado-law reviews;

(j) Ensure that any magazine held by the Trust complies with the 15-round limit of C.R.S. § 18-12-302 or an independently applicable exemption. Subsection (2)(a) permits a pre-July 1, 2013 magazine to remain with its original owner only if that owner maintains continuous possession; do not treat a transfer to this Trust or a beneficiary as preserving that exception.

(k) Before this Trust acquires, sells, or distributes a specified semiautomatic firearm, apply C.R.S. § 18-12-116. An acquisition must fit a subsection (3) exception; an outbound sale or transfer may use the subsection (2) out-of-state or dealer route or a subsection (3) exception. The course-based route in subsection (3)(e)(I) requires a qualifying firearms safety course; an eligibility card is required to enroll in a course under subsection (5)(a)(II). Do not assume this living trust qualifies for subsection (3)(f)'s death-transfer exception for a trustee of a trust created in a will.

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 under this Trust; before a firearm purchase, check the age-21 sale restrictions and exceptions in C.R.S. §§ 18-12-112 and 18-12-112.5
☐ Each Responsible Person has disclosed any current protection order and has passed a background check when required for a transfer; C.R.S. § 13-14.5-110 directs ERPO reports to the Colorado Bureau of Investigation and background-check systems
☐ 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 only after any required ATF approval and the item-specific Colorado-law review in Section 3. The ordinary transfer tax under 26 U.S.C. § 5811(a) is $200 for a machinegun or destructive device and $0 for other NFA firearms, subject to any statutory exemption. Colorado's universal background check (C.R.S. § 18-12-112) and 3-day waiting period (C.R.S. § 18-12-115) apply where required for 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 any ATF approvals and the written item-specific reviews;

(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 civil protection or extreme risk protection order; obtain the dealer-run background check where Colorado law requires it;

(c) For each NFA firearm proposed for distribution after death, obtain current ATF guidance and an item-specific federal and Colorado-law 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 tax rate. See 27 C.F.R. § 479.90a and the current Form 4 and Form 5 instructions;

(d) For each Title I (non-NFA) firearm, determine whether C.R.S. § 18-12-112 requires a dealer-run background check or whether a subsection (6) exception applies, including a qualifying immediate-family gift or a transfer by operation of law or from an estate or will-created trust. Do not presume a distribution from this living trust is exempt. Apply the C.R.S. § 18-12-115 waiting period if the transaction is a covered sale, the applicable age rule, and the additional transfer restrictions in C.R.S. § 18-12-116 for specified semiautomatic firearms;

(e) Surrender to ATF or destroy any item that cannot lawfully be transferred to any beneficiary, including any large-capacity magazine with no lawful trust-possession route under C.R.S. § 18-12-302.

10. COLORADO STATE LAW PROVISIONS

COLORADO FIREARMS OVERLAYS (apply the Section 3 dangerous-weapon review and the following purchase, transfer, and possession restrictions):

NFA Items Under Colorado Law:

☐ Settlor acknowledges the C.R.S. § 18-12-115 waiting period for covered sales runs from background-check initiation, with delivery only after approval if later
☐ Settlor acknowledges the age-21 restrictions on firearm sales and purchases, subject to exceptions in C.R.S. §§ 18-12-112 and 18-12-112.5
☐ Settlor acknowledges Colorado's universal background check on private transfers (C.R.S. § 18-12-112)
☐ Settlor acknowledges the 15-round magazine limit and that the C.R.S. § 18-12-302(2)(a) possession exception requires ownership on July 1, 2013 and continuous possession
☐ 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 item requiring registration is registered to the Trust; any covered zero-tax item without registration has the Section 3 written review
☐ Any tax stamp or eForm approval is maintained with trust records
☐ For each filed Form 1 or Form 4, required Responsible Person Form 5320.23, fingerprints, and photographs are on file
☐ 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
☐ Before making an NFA firearm, obtain any required Form 1 approval and complete the Section 3 Colorado review; current making tax under 26 U.S.C. § 5821(a) is $200 for a machinegun or destructive device and $0 for other NFA firearms
☐ Before an inter vivos NFA transfer, obtain any required transfer approval and complete the Section 3 Colorado review; 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 and the Section 3 review; use Form 5 only if ATF confirms tax-exempt eligibility, otherwise use the applicable Form 4 and tax rate when a form is required or voluntarily filed

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. § 18-12-116 — specified semiautomatic firearms (SB 25-003, eff. Aug. 1, 2026)
• 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 restricts firearm sales and transfers through background checks, a waiting period on covered sales, age rules, a magazine limit, and additional controls on specified semiautomatic firearms. NFA items remain subject to federal regulation. Consult a licensed Colorado firearms attorney before execution.