FLORIDA GUN TRUST / NFA TRUST

TABLE OF CONTENTS

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

1. DECLARATION OF TRUST

Trust Name: [________________________________________]

Date of Execution: [__/__/____]

I, [SETTLOR FULL LEGAL NAME], residing at [________________________________________], City of [________________], County of [________________], State of Florida, hereby declare and establish this revocable inter vivos trust (the "Trust") pursuant to the Florida Trust Code, Fla. Stat. §§ 736.0401 et seq., 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.

2. DEFINITIONS

"Firearm" means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive, as defined under Fla. Stat. § 790.001(6).

"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 (AOWs).

"Prohibited Person" means any individual prohibited from possessing firearms under 18 U.S.C. § 922(g) or Fla. Stat. § 790.23 (convicted felons) or § 790.065 (other disqualifying conditions).

"Responsible Person" means the Settlor, each Trustee, and any person with the power to direct management or disposition of trust firearms, per 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 add or remove items at any time without formal trust amendment.

☐ The Settlor has transferred the items listed on Schedule A to the Trust
☐ ATF Form 4 submitted for each NFA item transferred to the Trust
☐ $200 tax stamp paid per NFA item (or $5 for AOW transfers)
☐ All items are lawful under Florida and federal law

4. TRUSTEE POWERS AND DUTIES

Initial Trustee: [________________________________________]

The Trustee shall:

(a) Acquire, possess, use, transport, and lawfully transfer firearms on behalf of the Trust;

(b) Submit ATF Form 4 or Form 1 for NFA items, including all Responsible Person documentation per ATF Rule 41F;

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

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

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

(f) Maintain repair and upkeep of trust firearms;

(g) Maintain accurate records of all acquisitions, dispositions, and transfers.

5. CO-TRUSTEES

☐ Each Co-Trustee has been verified as not a Prohibited Person
☐ Each Co-Trustee has submitted ATF Form 5320.23
☐ Each Co-Trustee is at least 18 years of age
☐ Each Co-Trustee is a Florida resident or has been advised of interstate transport rules

6. BENEFICIARY PROVISIONS

Primary Beneficiary(ies):

Contingent Beneficiary(ies):

No Prohibited Person shall receive any firearm from this Trust. The Trustee shall verify eligibility before distribution.

7. SUCCESSOR TRUSTEE

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

Each Successor Trustee must: (a) be at least 18 years of age; (b) not be a Prohibited Person; (c) be willing to submit ATF Responsible Person documentation; and (d) comply with all provisions of this Trust.

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 Fla. Stat. § 736.0602. Amendment or revocation shall be in writing, signed, and witnessed.

Upon revocation, all NFA items shall be transferred to the Settlor individually (ATF Form 4 and $200 tax per item required) or to another eligible transferee.

9. DISTRIBUTION UPON DEATH

Upon the death of the Settlor, the Trustee shall:

(a) Inventory all trust firearms within thirty (30) days;
(b) Verify beneficiary eligibility under federal and Florida law;
(c) File ATF Form 5 (tax-exempt transfer to lawful heir) for each NFA item;
(d) Transfer Title I firearms to eligible beneficiaries;
(e) Surrender or destroy any item that cannot be lawfully transferred;
(f) Comply with Fla. Stat. § 790.065 background check requirements if applicable.

10. FLORIDA-SPECIFIC PROVISIONS

NFA Items Permitted in Florida:

☐ Settlor acknowledges Florida permits NFA items when properly registered under federal law
☐ Settlor acknowledges Fla. Stat. § 790.221 prohibits possession of SBRs, SBSs, and machine guns UNLESS registered under the NFA

Florida Concealed Weapons Permit: A Florida CWP does not authorize possession of NFA items; NFA registration is separate and required.

Medicaid and Asset Protection: This Trust is revocable and therefore included in the Settlor's estate for Medicaid eligibility purposes under Fla. Stat. § 409.910.

11. SIGNATURES AND WITNESSES

SETTLOR:

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

INITIAL TRUSTEE (if different from Settlor):

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

WITNESSES (two witnesses required under Fla. Stat. § 736.0403):

Witness 1 Signature: ________________________________________
Printed Name: [________________________________________]
Date: [__/__/____]

Witness 2 Signature: ________________________________________
Printed Name: [________________________________________]
Date: [__/__/____]

NOTARIZATION

State of Florida
County of [________________]

The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization this [____] day of [________________], [________], by [________________________________________], who is personally known to me or who has produced [________________] as identification.

Notary Signature: ________________________________________
Printed Name: [________________________________________]
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. Consult a licensed Florida firearms attorney before execution.