Connecticut Gun Trust / NFA Trust

CONNECTICUT GUN TRUST / NFA TRUST

CRITICAL JURISDICTIONAL NOTICE — READ BEFORE PROCEEDING

Connecticut firearms law is highly restrictive but, unlike some Northeast states, permits civilian possession of several federally regulated NFA items when properly registered:

Item	Connecticut Status	Authority
Silencer / Suppressor	Lawful with valid NFA registration	Conn. Gen. Stat. § 53a-211
Short-Barreled Rifle (SBR)	Lawful with valid NFA registration (subject to features test)	26 U.S.C. § 5845; § 53-202a
Short-Barreled Shotgun (SBS)	Lawful with valid NFA registration	26 U.S.C. § 5845
Machine Gun	Lawful ONLY IF pre-1994 registered with DESPP Special Licensee Unit	Conn. Gen. Stat. § 53-202
Destructive Devices (DDs)	Generally prohibited absent narrow permit	§ 53-202; § 53a-211
Assault Weapons (post-1994)	PROHIBITED (Class D felony)	§ 53-202a, § 53-202c
Large-Capacity Magazines (>10 rounds)	PROHIBITED unless declared pre-1/1/2014	§ 53-202w
"Ghost Guns" / Untraceable Firearms	PROHIBITED	Public Act 23-53 (2023)

Federal NFA registration alone does NOT excuse compliance with Connecticut's assault-weapons ban, magazine cap, or state registration requirements. Possession of an unregistered machine gun, an unregistered assault weapon, or a non-declared large-capacity magazine is a felony, regardless of federal NFA status.

Permit / Eligibility Requirement. Every Trustee and Responsible Person residing in Connecticut must, prior to receiving or possessing trust firearms, hold:

• A Permit to Carry Pistol or Revolver under Conn. Gen. Stat. § 29-28, OR
• A Pistol/Revolver Eligibility Certificate under § 29-36f, AND
• A Long Gun Eligibility Certificate under § 29-37p for rifle/shotgun acquisitions, AND
• An Ammunition Eligibility Certificate (or qualifying credential) under § 29-37j for ammunition.

Recommended actions before execution:

1. Verify every scheduled firearm against the current § 53-202a definition (named list + features test).
2. Confirm pre-1994 DESPP registration for any machine gun.
3. Confirm pre-4/4/2013 declaration for any large-capacity magazine.
4. Obtain CLEO notice / fingerprints / photographs for each Responsible Person under ATF 41F.

TABLE OF CONTENTS

1. Declaration of Trust
2. Definitions
3. Connecticut State-Law Compliance Acknowledgment
4. Trust Property
5. Trustee Powers and Duties
6. Co-Trustees and Responsible Persons (ATF 41F)
7. Connecticut Permits and Eligibility Certificates
8. Beneficiary Provisions
9. Successor Trustee
10. Federal NFA Compliance
11. Storage, Transportation, and Records
12. Amendment and Revocation
13. Distribution Upon Death of Settlor
14. Signatures and Notarization
15. Schedule A — Trust Firearms
16. Schedule B — Responsible Persons
17. Schedule C — Large-Capacity Magazine Declarations

1. DECLARATION OF TRUST

Trust Name: [________________________________________]

Date of Execution: [__/__/____]

I, [SETTLOR FULL LEGAL NAME], residing at [________________________________________], City/Town of [________________], County of [________________], State of Connecticut, hereby declare and establish this revocable inter vivos trust (the "Trust") under the Connecticut Uniform Trust Code, Conn. Gen. Stat. § 45a-499a et seq., for the purpose of acquiring, holding, managing, and lawfully transferring firearms in compliance with both federal law (including 26 U.S.C. Ch. 53) and Connecticut law (including Conn. Gen. Stat. Title 29 and Title 53/53a), and for facilitating orderly succession of such firearms upon the Settlor's death.

2. DEFINITIONS

"Firearm" means any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver, or other weapon, whether loaded or unloaded, from which a shot may be discharged, as defined in Conn. Gen. Stat. § 53a-3(19).

"NFA Item" means any firearm regulated under 26 U.S.C. §§ 5841–5872, including suppressors (silencers), short-barreled rifles (SBRs), short-barreled shotguns (SBSs), machine guns, destructive devices (DDs), and any other weapons (AOWs), each as defined in 26 U.S.C. § 5845.

"Assault Weapon" means any firearm meeting the definition set forth in Conn. Gen. Stat. § 53-202a, whether by named list or two-feature test, including any "copy or duplicate" of an enumerated firearm in production prior to or on April 4, 2013.

"Large-Capacity Magazine" or "LCM" means any firearm magazine, belt, drum, feed strip, or similar device that has the capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition, as defined in Conn. Gen. Stat. § 53-202w.

"Pre-Ban Registered Firearm" means an assault weapon for which a Certificate of Possession was timely issued by DESPP (or a machine gun for which the pre-1994 § 53-202 registration is on file with the DESPP Special Licensee Unit).

"Declared LCM" means a large-capacity magazine for which the Settlor's declaration was postmarked on or before December 31, 2013, pursuant to Conn. Gen. Stat. § 53-202x.

"Prohibited Person" means any individual prohibited from possessing firearms under 18 U.S.C. § 922(g) or disqualified under Conn. Gen. Stat. § 29-28(b), § 29-36f(b), § 29-37p(b), or § 53a-217, including persons convicted of any felony or qualifying misdemeanor, persons subject to a domestic-violence protective order, persons subject to a risk protection order under § 29-38c, persons with disqualifying mental health history, and other enumerated categories.

"Responsible Person" has the meaning set forth in 27 C.F.R. § 479.11.

"DESPP" means the Connecticut Department of Emergency Services and Public Protection.

"SLFU" means the DESPP Special Licensing and Firearms Unit.

"ATF" means the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

3. CONNECTICUT STATE-LAW COMPLIANCE ACKNOWLEDGMENT

The Settlor, each Trustee, each Co-Trustee, and each beneficiary, by accepting any interest under or position with respect to this Trust, expressly acknowledges and agrees that:

(a) No Assault Weapon shall be acquired, manufactured, transferred to, or possessed by this Trust other than a Pre-Ban Registered Firearm for which a valid DESPP Certificate of Possession is on file;

(b) No Large-Capacity Magazine shall be acquired, manufactured, transferred to, or possessed by this Trust other than a Declared LCM, and any such Declared LCM shall be used only in compliance with Conn. Gen. Stat. § 53-202x (10-round load limit outside the home/range);

(c) No Machine Gun shall be acquired or transferred to this Trust unless the firearm has a valid pre-1994 DESPP Special Licensee Unit registration under Conn. Gen. Stat. § 53-202;

(d) No silencer, SBR, or SBS shall be possessed by the Trust without valid federal NFA registration under 26 U.S.C. § 5841 (Form 1 manufacture or Form 4 transfer approval);

(e) Federal NFA registration is not a defense to Connecticut's assault weapons ban, magazine cap, or machine-gun registration requirement;

(f) No "ghost gun," unfinished frame/receiver, or untraceable firearm shall be acquired, assembled, or transferred by the Trust except in compliance with Public Act 23-53 and applicable federal law;

(g) Each Trustee and Responsible Person residing in Connecticut shall hold the credentials specified in Section 7 below before receiving or possessing any trust firearm.

☐ Settlor acknowledges and agrees
☐ Each Trustee acknowledges and agrees
☐ Each Co-Trustee acknowledges and agrees

4. TRUST PROPERTY

All firearms transferred to this Trust are identified on Schedule A (attached and incorporated). The Settlor may add or remove items at any time during the Settlor's lifetime, without formal amendment, by updating Schedule A in writing — provided that every addition shall first be verified for Connecticut lawfulness against Conn. Gen. Stat. §§ 53-202, 53-202a, 53-202w, 53a-211, and Public Act 23-53.

☐ Each item on Schedule A is lawful under federal law and Connecticut law
☐ For any Pre-Ban Registered Firearm, the DESPP Certificate of Possession is attached
☐ For any pre-1994 registered Machine Gun, the DESPP-SLFU registration documentation is attached
☐ For any silencer, SBR, or SBS, the federal NFA tax stamp (Form 1 or Form 4 approval) is attached
☐ For any Declared LCM, the DESPP magazine declaration is attached as Schedule C
☐ The Trustee holds a Long Gun Eligibility Certificate AND/OR Pistol Permit / Pistol Eligibility Certificate as appropriate

5. TRUSTEE POWERS AND DUTIES

Initial Trustee: [________________________________________]

The Trustee shall have all powers granted under Conn. Gen. Stat. §§ 45a-499jjj and 45a-499kkk (Connecticut Uniform Trust Code trustee powers), and in addition shall:

(a) Acquire, possess, use, transport, and lawfully transfer firearms on behalf of the Trust, in compliance with all federal, Connecticut, and municipal laws;

(b) Maintain at all times a valid Long Gun Eligibility Certificate (Conn. Gen. Stat. § 29-37p), Pistol Permit (§ 29-28), or Pistol/Revolver Eligibility Certificate (§ 29-36f), as appropriate to the firearms held;

(c) Maintain an Ammunition Eligibility Certificate (Conn. Gen. Stat. § 29-37j) for the Trust's ammunition purchases, unless covered by a qualifying credential;

(d) File ATF Form 1 (manufacture) or Form 4 (transfer) for any NFA item, including submission of Form 5320.23, two FD-258 fingerprint cards, and a 2x2 photograph for each Responsible Person, per ATF Final Rule 41F;

(e) Provide CLEO notification under 27 C.F.R. § 479.85 to the chief of police of the municipality of residence of each Responsible Person;

(f) File ATF Form 5320.20 for interstate transport of any SBR, SBS, machine gun, or destructive device out of Connecticut;

(g) Verify, prior to any acquisition, that the firearm is not an Assault Weapon under Conn. Gen. Stat. § 53-202a (apply both the named-list and the features test);

(h) Verify, prior to any acquisition, that no magazine shipped or transferred with the firearm is a non-Declared LCM;

(i) Maintain accurate records of all acquisitions, dispositions, repairs, modifications, tax stamps, ATF approvals, DESPP certificates, and permit numbers for not less than twenty (20) years;

(j) Discharge the trustee duties of loyalty and prudent administration under Conn. Gen. Stat. §§ 45a-499vv and 45a-499ww.

6. CO-TRUSTEES AND RESPONSIBLE PERSONS (ATF 41F)

The following individuals serve as Co-Trustees and qualify as Responsible Persons under 27 C.F.R. § 479.11:

For each Responsible Person, the Trustee shall:

☐ Verify the individual is not a Prohibited Person under federal or Connecticut law
☐ Verify Connecticut permit/certificate eligibility (Pistol Permit, Pistol Eligibility Certificate, OR Long Gun Eligibility Certificate)
☐ Verify Ammunition Eligibility Certificate where applicable
☐ Obtain completed ATF Form 5320.23
☐ Collect two sets of FD-258 fingerprint cards
☐ Collect a 2x2 passport-style photograph taken within the prior year
☐ Submit copies of Form 5320.23 to the CLEO (chief of police) for the Responsible Person's municipality
☐ File the originals with ATF in connection with the next NFA application
☐ Record the addition on Schedule B

7. CONNECTICUT PERMITS AND ELIGIBILITY CERTIFICATES

Each Trustee and Responsible Person residing in Connecticut shall maintain, at all times while serving, the credentials corresponding to the type(s) of firearm(s) the Trust holds:

☐ Trustee credential number(s): [________________________________________]
☐ Co-Trustee credential number(s): [________________________________________]
☐ Each Responsible Person's credential recorded on Schedule B

8. BENEFICIARY PROVISIONS

Primary Beneficiary(ies):

Contingent Beneficiary(ies):

No beneficiary who is a Prohibited Person under federal or Connecticut law shall receive any firearm from this Trust. The Trustee shall verify eligibility (and applicable state credential) before distribution.

If a Connecticut beneficiary is not credentialed under § 29-28, § 29-36f, or § 29-37p, the Trustee shall hold the firearm in trust pending the beneficiary's credentialing, transfer through an FFL upon credentialing, or — if credentialing is not obtained — sell the firearm through a Connecticut FFL and distribute proceeds, or transfer to an alternate eligible beneficiary.

9. SUCCESSOR TRUSTEE

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

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

Each Successor Trustee must:

(a) Be at least 21 years of age for handguns (18 for long guns and ammunition under § 29-37a);
(b) Not be a Prohibited Person under federal or Connecticut law;
(c) Hold the applicable Connecticut credential under § 29-28, § 29-36f, or § 29-37p before taking possession of any trust firearm;
(d) Submit ATF Form 5320.23, FD-258 fingerprints, and a photograph if the Trust holds or acquires NFA items;
(e) Accept the duties of trusteeship in writing pursuant to Conn. Gen. Stat. § 45a-499ggg.

10. FEDERAL NFA COMPLIANCE

For any NFA item lawfully held by the Trust, the Trustee shall complete and retain:

☐ ATF Form 1 (manufacture) — applies to SBR conversion or suppressor manufacture by the Trust
☐ ATF Form 4 (transfer) — applies to acquisition of an existing NFA item from a dealer
☐ ATF Form 5 (tax-exempt transfer) — applies to transfer to a lawful heir upon Settlor's death
☐ ATF Form 5320.20 (interstate transport) — required for SBR, SBS, machine gun, DD
☐ ATF Form 5320.23 (Responsible Person Questionnaire) — each Responsible Person, each application
☐ FD-258 fingerprint cards (two sets) per Responsible Person
☐ 2x2 passport-style photograph per Responsible Person
☐ CLEO notification copies for each Responsible Person under 27 C.F.R. § 479.85
☐ Retention of tax stamps and approved forms with the corresponding firearm

11. STORAGE, TRANSPORTATION, AND RECORDS

(a) Storage. All trust firearms shall be stored unloaded, in a locked container, gun safe, or similarly secured place, in compliance with Conn. Gen. Stat. § 29-37i (safe storage where minor or person prohibited from possession may have access). Ammunition shall be stored separately where feasible.

(b) Transportation. Trust firearms shall be transported unloaded and in a fully enclosed case in compliance with Conn. Gen. Stat. § 29-38 (carrying in vehicle) and § 53-202f (assault weapon transport restrictions, where applicable to Pre-Ban Registered Firearms). NFA items shall be transported with copies of the federal NFA registration documents.

(c) Interstate Transport. ATF Form 5320.20 shall be filed at least thirty (30) days before any interstate transport of an SBR, SBS, machine gun, or destructive device.

(d) Records. The Trustee shall maintain permanent records of: (i) acquisition (date, dealer, FFL, FA number, ATF approval); (ii) disposition (date, transferee, FFL, ATF approval); (iii) maintenance/modification; and (iv) loss/theft (reported to DESPP and ATF immediately).

12. AMENDMENT AND REVOCATION

The Settlor reserves the right to amend or revoke this Trust at any time during the Settlor's lifetime, pursuant to Conn. Gen. Stat. § 45a-499dd. Amendment or revocation shall be in writing, signed by the Settlor, and delivered to each then-serving Trustee. Upon revocation, the Trustee shall return firearms to the Settlor subject to compliance with all federal NFA transfer requirements (including ATF Form 5 where applicable) and Connecticut credentialing requirements.

13. DISTRIBUTION UPON DEATH OF SETTLOR

Upon the death of the Settlor, the Trustee shall:

(a) Inventory all trust firearms within thirty (30) days and provide notice to beneficiaries under Conn. Gen. Stat. § 45a-499mmmm;

(b) Verify each beneficiary's eligibility under federal law and (if Connecticut-resident) under Conn. Gen. Stat. § 29-28, § 29-36f, or § 29-37p, as applicable;

(c) For pistols/revolvers transferred to a Connecticut beneficiary, complete a sale/transfer record (DPS-3-C) through DESPP and obtain a Firearms Sales Authorization Number per Conn. Gen. Stat. § 29-33;

(d) For long guns transferred to a Connecticut beneficiary, complete a § 29-37a sale/transfer record;

(e) For Title I firearms transferred to an out-of-state beneficiary, ship through an FFL in the beneficiary's state of residence per 18 U.S.C. § 922(a)(3);

(f) For any NFA item, file ATF Form 5 (tax-exempt) for transfer to a lawful heir, and physically transfer the item only after ATF approval and only to a state where the item is lawful for the heir to possess;

(g) For any Pre-Ban Registered Firearm, comply with Conn. Gen. Stat. § 53-202e (transfer to immediate family by descent or distribution) and update the DESPP Certificate of Possession;

(h) For any pre-1994 registered Machine Gun, transfer is restricted under Conn. Gen. Stat. § 53-202 — counsel must confirm DESPP-SLFU approval before transfer;

(i) If any item cannot be lawfully transferred to a beneficiary, sell through a Connecticut FFL (or, for items lawful only in another state, a permissive-state FFL/SOT) and distribute proceeds, or surrender to ATF/DESPP;

(j) Retain all ATF approval documents, tax stamps, Form 5 approvals, DESPP certificates, and permit records permanently.

14. SIGNATURES AND NOTARIZATION

SETTLOR:

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

INITIAL TRUSTEE (if different from Settlor):

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

CO-TRUSTEE(S):

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

NOTARIZATION

State of Connecticut
County of [________________]

On this [____] day of [____________], 20[____], before me personally appeared [________________________________________], who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the individual whose name is subscribed to the within instrument and acknowledged that he/she executed the same as his/her free act and deed for the purposes therein stated.

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

[NOTARIAL SEAL]

SCHEDULE A — TRUST FIREARMS

SCHEDULE B — RESPONSIBLE PERSONS

SCHEDULE C — LARGE-CAPACITY MAGAZINE DECLARATIONS

SOURCES AND REFERENCES

• 26 U.S.C. §§ 5841–5872 — National Firearms Act
• 27 C.F.R. Part 479 — NFA implementing regulations
• ATF Final Rule 41F, 81 Fed. Reg. 2658 (Jan. 15, 2016), eff. July 13, 2016
• 18 U.S.C. § 922(g) — Federal prohibited persons
• Conn. Gen. Stat. § 53-202 — Machine guns; DESPP Special Licensee Unit registration
• Conn. Gen. Stat. §§ 53-202a–c — Assault weapons (1993 list + 2013 Public Act 13-3 expansion)
• Conn. Gen. Stat. § 53-202d — Certificate of Possession for pre-ban assault weapons
• Conn. Gen. Stat. § 53-202e — Transfer by descent to immediate family
• Conn. Gen. Stat. §§ 53-202w, 53-202x — Large-capacity magazine ban and declaration
• Conn. Gen. Stat. § 53a-211 — Possession of silencer (lawful with NFA registration)
• Conn. Gen. Stat. § 29-28 — Permit to Carry Pistol or Revolver
• Conn. Gen. Stat. §§ 29-36f to 29-36i — Pistol/Revolver Eligibility Certificate
• Conn. Gen. Stat. § 29-37a, § 29-37p — Long Gun Eligibility Certificate
• Conn. Gen. Stat. § 29-37i — Safe storage of firearms
• Conn. Gen. Stat. § 29-37j — Ammunition Eligibility Certificate
• Conn. Gen. Stat. § 29-38c — Risk protection / firearms seizure orders
• Conn. Gen. Stat. § 45a-499a et seq. — Connecticut Uniform Trust Code
• Public Act 23-53 (2023) — Ghost-gun and untraceable-firearm reforms
• Nat'l Ass'n for Gun Rights v. Lamont, 2d Cir. 2025 (upholding Connecticut assault weapons ban)
• DESPP Special Licensing and Firearms Unit, 1111 Country Club Rd, Middletown, CT 06457; 860-685-8290; [email protected]

This template is for informational purposes only and does not constitute legal advice. Connecticut imposes severe restrictions on assault weapons, machine guns, and large-capacity magazines. Suppressors, SBRs, and SBSs require valid federal NFA registration. Consult a licensed Connecticut firearms attorney before execution.