District of Columbia Gun Trust / NFA Trust

DISTRICT OF COLUMBIA GUN TRUST / NFA TRUST

CRITICAL PROHIBITION WARNING — READ BEFORE EXECUTION

THE DISTRICT OF COLUMBIA PROHIBITS THE CIVILIAN POSSESSION OF VIRTUALLY ALL NATIONAL FIREARMS ACT (NFA) ITEMS. The following items CANNOT lawfully be acquired, held, transferred, or stored within the District of Columbia by this trust, its Trustees, or any Responsible Person while physically within the District:

EVERY firearm physically present in the District of Columbia must be registered with MPD under D.C. Code § 7-2502.01. Registration is non-delegable to a trust entity; each individual Responsible Person who possesses or controls a trust firearm in D.C. must satisfy D.C.'s individual registration requirements.

This trust is structured principally for: (i) lawful Title I firearms held by D.C.-resident Settlor; and (ii) NFA items lawfully held outside the District in a jurisdiction where such items are legal.

TABLE OF CONTENTS

1. Declaration of Trust
2. Definitions
3. Trust Property and Situs
4. Trustee Powers and Duties
5. District of Columbia-Specific Restrictions and Compliance
6. Federal NFA Compliance and ATF 41F Responsible Persons
7. Beneficiary Provisions
8. Successor Trustee
9. Amendment and Revocation
10. Distribution Upon Death
11. Compliance Schedule
12. Signatures and Notarization

1. DECLARATION OF TRUST

Trust Name: [________________________________________]

Date of Execution: [__/__/____]

I, [SETTLOR FULL LEGAL NAME], residing at [________________________________________], City of Washington, District of Columbia, hereby establish this revocable inter vivos trust under the District of Columbia Uniform Trust Code, D.C. Code § 19-1301.01 et seq., for the limited and lawful purpose of acquiring, holding, registering, and transferring firearms in strict compliance with federal law, the National Firearms Act (26 U.S.C. § 5841 et seq.), and the Firearms Control Regulations Act of 1975 (D.C. Code § 7-2501.01 et seq.).

2. DEFINITIONS

"Firearm" means any weapon, regardless of operability, which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive, as defined under D.C. Code § 7-2501.01(9) and 18 U.S.C. § 921(a)(3).

"NFA Item" means any firearm regulated under 26 U.S.C. §§ 5841–5872, including suppressors, short-barreled rifles, short-barreled shotguns, machine guns, destructive devices, and "any other weapons."

"Prohibited Person" means any individual prohibited from possessing firearms under 18 U.S.C. § 922(g), or who is ineligible to register a firearm in the District of Columbia under D.C. Code § 7-2502.03.

"Prohibited Weapon" means any weapon prohibited from possession in the District of Columbia under D.C. Code § 7-2502.02, including silencers, SBRs, SBSs, machine guns, assault weapons, and .50 BMG rifles.

"Responsible Person" means the Settlor, each Trustee, and any other person with the power, exercisable alone or with others, to direct management or disposition of trust firearms, as defined in 27 C.F.R. § 479.11 and ATF Rule 41F.

"D.C. Registered Firearm" means a Title I firearm lawfully registered with the MPD Firearms Registration Section under D.C. Code § 7-2502.01.

3. TRUST PROPERTY AND SITUS

All firearms and related items transferred to this trust are listed on Schedule A (attached). Schedule A shall designate, for each item, the lawful physical situs of that item.

☐ The Settlor has transferred the items listed on Schedule A to the trust
☐ Each item physically located in the District of Columbia is a lawful Title I firearm and is registered (or in process) with the MPD Firearms Registration Section
☐ No item physically located in the District of Columbia is a Prohibited Weapon under D.C. Code § 7-2502.02
☐ Any NFA Item is located outside the District of Columbia in a jurisdiction where such item is lawful
☐ All magazines accompanying District-situs firearms hold 10 rounds or fewer

Principal Trust Situs: [________________________________________]

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 strict compliance with all applicable federal law and the laws of every jurisdiction in which any trust firearm is located;

(b) Refuse to acquire, hold, or store within the District of Columbia any item that is a Prohibited Weapon under D.C. Code § 7-2502.02;

(c) Register every District-situs Title I firearm with the MPD Firearms Registration Section in compliance with D.C. Code § 7-2502.01;

(d) Complete ATF Form 4 (transfer) or ATF Form 1 (manufacture) for any NFA item, including submission of fingerprints, photographs, and Form 5320.23 for every Responsible Person per ATF Rule 41F;

(e) Maintain all firearms in safe and secure storage in compliance with D.C. Code § 7-2507.02 (safe storage) for District-situs firearms;

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

(g) File ATF Form 5320.20 for interstate transport of NFA items;

(h) Promptly notify MPD of any change in status of a District-registered firearm as required by D.C. Code § 7-2502.08.

5. DISTRICT OF COLUMBIA-SPECIFIC RESTRICTIONS AND COMPLIANCE

MANDATORY COMPLIANCE WITH D.C. FIREARMS LAW. The Settlor, Trustees, and every Responsible Person acknowledge and shall comply with:

(a) Registration Requirement. D.C. Code § 7-2502.01 requires every firearm in the District to be registered. The trust cannot register firearms in its own name as a substitute for individual Responsible-Person registration; each Responsible Person who possesses or controls a District-situs trust firearm must be individually qualified to register under D.C. Code § 7-2502.03.

(b) Prohibited Weapons. No item enumerated in D.C. Code § 7-2502.02 — including silencers, SBRs, SBSs, machine guns, assault weapons, .50 BMG rifles, or destructive devices — may be acquired, held, transported, or stored by this trust within the District of Columbia.

(c) Magazine Capacity. No magazine holding more than ten (10) rounds of ammunition shall be possessed or stored with any District-situs trust firearm. D.C. Code § 7-2506.01(b).

(d) Concealed Carry. Any concealed carry of a trust handgun within the District requires the individual Responsible Person to hold a valid D.C. concealed carry license under D.C. Code § 22-4506. Post-Bruen (N.Y. State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022)), D.C. operates a shall-issue licensing scheme but maintains "sensitive places" restrictions.

(e) Safe Storage. All District-situs firearms shall be stored unloaded and disassembled or secured by a trigger lock or in a locked container, except when in use. D.C. Code § 7-2507.02.

(f) Reporting. Lost or stolen firearms must be reported to MPD within 48 hours per D.C. Code § 7-2502.08(a)(1).

☐ Settlor acknowledges D.C. handgun-ban litigation history: District of Columbia v. Heller, 554 U.S. 570 (2008), and McDonald v. City of Chicago, 561 U.S. 742 (2010)
☐ Settlor acknowledges that this trust may NOT be used to circumvent D.C. prohibitions on Prohibited Weapons
☐ Settlor acknowledges that ATF Rule 41F applies to every NFA acquisition regardless of trust ownership

6. FEDERAL NFA COMPLIANCE AND ATF 41F RESPONSIBLE PERSONS

For any NFA Item held by this trust (necessarily located outside the District of Columbia):

(a) Every Responsible Person — including the Settlor, each Trustee, and any Successor Trustee with present authority — shall submit on each ATF Form 1 or Form 4 application:

☐ Completed ATF Form 5320.23 (Responsible Person Questionnaire)
☐ Two sets of fingerprints on FBI Form FD-258
☐ Two passport-style photographs (2x2 inches)
☐ CLEO notification copy to the chief law enforcement officer of the Responsible Person's residence

(b) The Trustee shall maintain the original tax-stamped Form 1, Form 4, or Form 5 with the corresponding NFA item at all times, available for ATF inspection.

(c) Interstate transport of any NFA item (other than AOWs and silencers, which do not require prior approval for non-machine-gun items) requires prior ATF approval via Form 5320.20.

(d) The Trustee shall not permit any Responsible Person to take possession of or control any NFA item without first having been approved on a Form 1 / Form 4 application or being a co-trustee whose Form 5320.23 has been processed by ATF.

7. BENEFICIARY PROVISIONS

Primary Beneficiary(ies):

Contingent Beneficiary(ies):

No beneficiary who is a Prohibited Person under federal law or ineligible to register under D.C. Code § 7-2502.03 shall receive any District-situs firearm from this trust. The Trustee shall verify eligibility before any distribution and shall consult counsel where the beneficiary resides in a jurisdiction other than the situs jurisdiction.

8. 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 under federal or D.C. law; (c) for any District-situs firearm, be individually eligible to register firearms in D.C. under D.C. Code § 7-2502.03; and (d) submit fingerprints, photographs, and Form 5320.23 to ATF as a Responsible Person upon assumption of trust authority over any NFA item.

9. AMENDMENT AND REVOCATION

The Settlor reserves the right to amend or revoke this trust at any time during the Settlor's lifetime, pursuant to D.C. Code § 19-1306.02. Amendment or revocation shall be in writing, signed by the Settlor, and dated. Upon revocation, the Trustee shall transfer all trust property to the Settlor or to such person(s) as the Settlor directs in writing, provided that any such transfer of a firearm complies with all applicable federal, D.C., and other jurisdictional law.

10. DISTRIBUTION UPON DEATH

Upon the death of the Settlor, the Trustee shall:

(a) Inventory all trust firearms within thirty (30) days and notify MPD of the Settlor's death as to any District-registered firearm under D.C. Code § 7-2502.08;

(b) Verify each beneficiary's legal eligibility to possess and (where applicable) register firearms under federal law, D.C. law, and the law of the beneficiary's jurisdiction;

(c) For District-situs firearms, complete transfer through a federally licensed dealer (FFL) located in D.C., with MPD re-registration by the receiving beneficiary under D.C. Code § 7-2502.01;

(d) For NFA Items (located outside D.C.), file ATF Form 5 (tax-exempt transfer) to any eligible beneficiary, who must independently satisfy the law of the receiving jurisdiction;

(e) Surrender to MPD, lawfully destroy through licensed channels, or transfer out of jurisdiction any firearm that cannot be lawfully transferred to a beneficiary.

11. COMPLIANCE SCHEDULE

☐ Annual review of trust firearms against current D.C. Prohibited Weapons list (D.C. Code § 7-2502.02)
☐ Annual confirmation that every District-situs firearm is currently registered with MPD
☐ Annual verification that no magazine over 10 rounds is held with District-situs firearms
☐ Verification that all Responsible Persons remain individually eligible to register firearms in D.C.
☐ Updated ATF Responsible Person documentation for any new trustees (Form 5320.23 + prints + photos)
☐ Review of D.C. legislative and Bruen-era judicial developments affecting trust firearms
☐ For NFA items held out-of-jurisdiction, confirmation that situs-state law remains compliant

12. SIGNATURES AND NOTARIZATION

SETTLOR:

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

INITIAL TRUSTEE (if different from Settlor):

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

NOTARIZATION

District of Columbia

On this [____] day of [________________], 20[____], before me, the undersigned Notary Public, personally appeared [________________________________________], who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person executed the instrument.

WITNESS my hand and official seal.

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

[NOTARIAL SEAL]

SCHEDULE A — TRUST PROPERTY

SOURCES AND REFERENCES

• D.C. Code § 7-2501.01 et seq. (Firearms Control Regulations Act of 1975)
• D.C. Code § 7-2502.01 (firearm registration required)
• D.C. Code § 7-2502.02 (prohibited weapons — silencers, SBRs, SBSs, machine guns, assault weapons, .50 BMG)
• D.C. Code § 7-2506.01 (magazine capacity > 10 rounds prohibited)
• D.C. Code § 7-2507.02 (safe storage)
• D.C. Code § 22-4504 / § 22-4506 (carry licensing)
• D.C. Code § 19-1301.01 et seq. (D.C. Uniform Trust Code)
• 26 U.S.C. §§ 5841–5872 (National Firearms Act)
• 27 C.F.R. Part 479
• ATF Rule 41F, 81 Fed. Reg. 2658 (Jan. 15, 2016), eff. July 13, 2016
• District of Columbia v. Heller, 554 U.S. 570 (2008)
• McDonald v. City of Chicago, 561 U.S. 742 (2010)
• N.Y. State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022)
• MPD Firearms Registration Section guidance

This document is a legal template, not legal advice. The District of Columbia's firearms regime is among the most restrictive in the United States. A gun trust offers very limited utility to D.C. residents because the most commonly trust-held items (silencers, SBRs, SBSs, machine guns) are flatly prohibited within the District. Consult a D.C.-licensed firearms attorney before execution.