Hawaii Gun Trust / NFA Trust (Limited Use — State Prohibitions Apply)

HAWAII GUN TRUST / NFA TRUST

⚠ MANDATORY HAWAII-LAW WARNINGS ⚠

HAWAII PROHIBITS CIVILIAN POSSESSION OF MOST NFA ITEMS WITH NO FEDERAL-COMPLIANCE EXCEPTION.

The following items are PROHIBITED in Hawaii under HRS § 134-8(a), and federal NFA registration does NOT cure the state-law prohibition:

A HAWAII RESIDENT GUN TRUST GENERALLY CANNOT LAWFULLY POSSESS THE NFA ITEMS LISTED ABOVE. The Settlor is strongly advised, before acquiring any NFA item, to consider one of the following:

(a) Change of residency situs to a state in which the NFA item is lawful;

(b) Designation of a non-Hawaii beneficiary in a non-Hawaii state and continuous out-of-state storage of any NFA item;

(c) Limitation of this Trust to LAWFUL Title I firearms (rifles with barrel >= 16" and overall length >= 26"; shotguns with barrel >= 18" and overall length >= 26"; lawful handguns registered under HRS § 134-3 with magazines <= 10 rounds).

The Settlor acknowledges receipt of these warnings and accepts that any attempt to bring a prohibited NFA item into Hawaii, or to acquire one while a Hawaii resident, is a class C felony with a mandatory five-year prison term without probation under HRS § 134-8(d).

Settlor's Initials: _________ Date: [__/__/____]

TABLE OF CONTENTS

1. Declaration of Trust
2. Definitions
3. Hawaii Prohibition Acknowledgment and Scope Limitation
4. Trust Property
5. Trustee Powers and Duties
6. Co-Trustees and Responsible Persons
7. Beneficiary Provisions
8. Successor Trustee
9. Amendment and Revocation
10. Distribution Upon Death
11. Federal Compliance — ATF 41F and § 922(g)
12. Hawaii-Specific Provisions
13. Optional Out-of-State Situs / Non-Hawaii Beneficiary Provisions
14. Governing Law and Severability
15. Signatures and Notarization

1. DECLARATION OF TRUST

Trust Name: [________________________________________]

Date of Execution: [__/__/____]

I, [SETTLOR FULL LEGAL NAME], residing at [________________________________________], City/Town of [________________], County of [________________], State of Hawaii, hereby establish this revocable inter vivos trust (the "Trust") for the limited purpose of acquiring, holding, managing, possessing, transporting, and lawfully transferring firearms that are PERMITTED under HAWAII LAW and FEDERAL LAW for the benefit of the Settlor during the Settlor's lifetime and for the named Beneficiaries thereafter.

This Trust is established pursuant to the Hawaii Uniform Trust Code, HRS Chapter 554D, and the Hawaii Uniform Probate Code, HRS Chapter 560. The Settlor is the initial Trustee unless otherwise designated below.

2. DEFINITIONS

"Firearm" means any weapon as defined in 18 U.S.C. § 921(a)(3) and HRS § 134-1 — any weapon, for which the operating force is an explosive, including pistols, revolvers, rifles, shotguns, and the like.

"NFA Item" or "NFA Firearm" means any firearm subject to registration under 26 U.S.C. §§ 5841–5872, including without limitation: silencers/suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), machine guns, destructive devices, and any other weapons (AOWs). The Settlor expressly acknowledges that the items described in HRS § 134-8(a) — silencers, automatic firearms, rifles with barrels under 16 inches, shotguns with barrels under 18 inches, cannons, hand grenades, bombs, ghost guns, and the like — are PROHIBITED in Hawaii regardless of federal NFA registration.

"Title I Firearm" means a firearm regulated under the Gun Control Act, 18 U.S.C. Chapter 44, that is NOT an NFA Item — i.e., conventional rifles, shotguns, and handguns lawfully possessed under federal and Hawaii law (rifle barrel >= 16"; shotgun barrel >= 18"; overall length >= 26"; not an assault pistol under HRS § 134-1; not loaded with a magazine exceeding 10 rounds in a pistol).

"Prohibited Person" means any individual prohibited from receiving, possessing, shipping, or transporting firearms or ammunition under 18 U.S.C. § 922(g), 18 U.S.C. § 922(n), or HRS § 134-7 (ownership, possession, or control prohibited — categories including persons under indictment for a crime of violence, persons convicted of a crime of violence or illegal drug crime, fugitives, persons under treatment or counseling for addiction or mental disorder, minors, and certain alien categories).

"Responsible Person" means, under 27 C.F.R. § 479.11, any individual who possesses, directly or indirectly, the power or authority to direct the management and policies of the Trust as to firearms — including the Settlor, each Trustee, each Co-Trustee, and any other person who has such authority pursuant to the terms of this Trust or applicable state law.

"CLEO" means the chief law-enforcement officer of the locality in which a Responsible Person resides, as defined in 27 C.F.R. § 479.85 — in Hawaii, the chief of police of the City and County of Honolulu, or the chief of police of Hawaii County, Maui County, or Kauai County, as applicable.

3. HAWAII PROHIBITION ACKNOWLEDGMENT AND SCOPE LIMITATION

The Settlor expressly acknowledges and the Trustee expressly agrees that:

(a) No prohibited NFA item shall be held in Hawaii by this Trust. Under HRS § 134-8(a), suppressors, automatic firearms, SBRs, SBSs, cannons, hand grenades, ghost guns, and similar items are categorically prohibited, with NO federal-compliance exception. Federal NFA registration does NOT cure state-law prohibition in Hawaii.

(b) No assault pistol shall be held in Hawaii except within the narrow grandfather exception of HRS § 134-4(e) (lawful registered pre-1992 possession by the original registrant).

(c) No handgun magazine exceeding 10 rounds shall be held in Hawaii under HRS § 134-8(c).

(d) No bump stock, multiburst trigger activator, or trigger crank shall be held by the Trust under HRS § 134-8.5.

(e) Every Title I firearm held by the Trust within Hawaii shall be:
☐ Registered with the chief of police of the appropriate county within five (5) days of arrival or acquisition pursuant to HRS § 134-3;
☐ Acquired only after issuance of a permit to acquire under HRS § 134-2;
☐ Stored consistent with HRS § 134-10.5 (secure storage; locked container or trigger-locking device when not in actual possession);
☐ Transferred only by a transferee who has obtained a permit to acquire under HRS § 134-2.

(f) The Trust may lawfully hold federally registered NFA Items ONLY if (i) the Trust acquires the item while its situs is outside Hawaii, (ii) the item is at all times physically stored and used outside Hawaii in a jurisdiction where it is lawful, and (iii) every Responsible Person who possesses the item is at the time of possession in a jurisdiction where the item is lawful. Section 13 governs such out-of-state holdings.

Settlor's Initials: _________ Date: [__/__/____]

4. TRUST PROPERTY

All firearms transferred to this Trust are listed on Schedule A (attached and incorporated by reference). The Settlor may add or remove items from Schedule A during the Settlor's lifetime, provided that:

☐ Each firearm meets the scope limitation in Section 3;
☐ Each Title I firearm held in Hawaii is registered under HRS § 134-3 and identified on the Hawaii County registration log;
☐ Each NFA Item held outside Hawaii under Section 13 has an approved ATF Form 1 or Form 4 with $200 tax stamp ($5 for AOW transfers); and
☐ No item listed in HRS § 134-8(a), § 134-8(c), or § 134-8.5 is or has been brought into Hawaii in violation of Hawaii law.

5. TRUSTEE POWERS AND DUTIES

Initial Trustee: [________________________________________]

The Trustee shall have the following powers and duties, to be exercised in conformity with the Hawaii Uniform Trust Code, the National Firearms Act, 27 C.F.R. Part 479, and HRS Chapter 134:

(a) Acquire, possess, use, transport, store, and lawfully transfer firearms on behalf of the Trust within the scope limitation in Section 3;

(b) For Title I firearms held in Hawaii: obtain a permit to acquire under HRS § 134-2 for each acquisition, register each firearm under HRS § 134-3 within five (5) days, and store each firearm consistent with HRS § 134-10.5;

(c) For any NFA Item lawfully held outside Hawaii under Section 13: submit ATF Form 4 (transfer), Form 1 (making), or Form 5 (tax-exempt transfer), including the fingerprint cards (FD-258), 2x2 photographs, and Form 5320.23 (Responsible Person Questionnaire) for each Responsible Person required by 27 C.F.R. § 479.63 and ATF Rule 41F;

(d) Provide CLEO notification to the chief of police of each Responsible Person's locality concurrent with each Form 1 or Form 4 application, as required by 27 C.F.R. § 479.85;

(e) File ATF Form 5320.20 prior to interstate transport of any NFA Item (other than a suppressor — although possession of any suppressor by a Hawaii resident in Hawaii remains barred by HRS § 134-8(a) and Form 5320.20 cannot cure that bar);

(f) Maintain all Trust firearms in safe and secure storage so as to prevent access by any Prohibited Person, minor, or unauthorized individual, and consistent with HRS § 134-10.5;

(g) Maintain accurate records of each Trust firearm — including HRS § 134-2 permits, HRS § 134-3 registrations, approved ATF Forms 1/4/5 (where applicable), tax stamps, serial numbers, acquisitions, dispositions, and the identity of each Responsible Person — for the life of the Trust.

6. CO-TRUSTEES AND RESPONSIBLE PERSONS

The following individuals are designated as Co-Trustees and/or Responsible Persons. Each may lawfully possess and use firearms held by the Trust subject to federal law and the law of the state where they physically possess the firearm:

For each Responsible Person, the following must be completed and retained with the Trust:

☐ Verified as not a Prohibited Person under 18 U.S.C. § 922(g) or HRS § 134-7
☐ For Title I firearms held in Hawaii: each Responsible Person has obtained any required HRS § 134-2 permit to acquire and is identified on the HRS § 134-3 registration where applicable
☐ For NFA Items held outside Hawaii: submitted ATF Form 5320.23, two FD-258 fingerprint cards, and one 2x2 inch passport-style photograph taken within the prior year, with CLEO notification provided to the appropriate police chief
☐ Is at least twenty-one (21) years of age for handgun possession (HRS § 134-2(d) for permit-to-acquire eligibility); eighteen (18) for rifle/shotgun (federal threshold under 18 U.S.C. § 922(b)(1))
☐ NO Responsible Person who is a Hawaii resident shall possess any NFA Item described in HRS § 134-8(a) while inside Hawaii

7. BENEFICIARY PROVISIONS

Primary Beneficiary(ies):

Contingent Beneficiary(ies):

No beneficiary who is a Prohibited Person under 18 U.S.C. § 922(g), HRS § 134-7, or the law of the jurisdiction of intended receipt shall receive any firearm from this Trust. The Trustee shall verify each beneficiary's eligibility — both federal and applicable state — prior to any distribution and shall maintain documentation of such verification.

If a beneficiary resides in Hawaii, no NFA Item described in HRS § 134-8(a) shall be transferred to that beneficiary. The Trustee shall apply the alternative-disposition provisions of Section 10 to any NFA Item that cannot lawfully be transferred to the named beneficiary in Hawaii.

If a beneficiary resides in another jurisdiction that prohibits a particular NFA Item (e.g., California, New York, Illinois, New Jersey, Massachusetts, District of Columbia, as applicable to the specific item), the Trustee shall not transfer that item to such beneficiary and shall apply Section 10.

8. SUCCESSOR TRUSTEE

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

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

Each Successor Trustee must, prior to assuming office: (a) be of legal age to possess the firearms held in the Trust; (b) not be a Prohibited Person under federal law or HRS § 134-7; (c) for Title I firearms in Hawaii, hold a permit to acquire under HRS § 134-2 where required; (d) for NFA Items held outside Hawaii, submit ATF Form 5320.23, fingerprints, and photograph in connection with the next Form 1 or Form 4 application; and (e) execute a written acceptance of trusteeship pursuant to HRS § 554D-701.

9. AMENDMENT AND REVOCATION

The Settlor reserves the right to amend or revoke this Trust, in whole or in part, at any time during the Settlor's lifetime, pursuant to HRS § 554D-602. Any amendment or revocation shall be in writing, signed by the Settlor, and delivered to the Trustee.

Upon revocation, all firearms held by the Trust must be transferred to an eligible transferee through the appropriate procedure — for Title I firearms in Hawaii, through HRS § 134-2 permit and HRS § 134-3 re-registration; for NFA Items held outside Hawaii, through ATF Form 4 or Form 1 procedures with payment of the $200 transfer tax ($5 for AOWs).

10. DISTRIBUTION UPON DEATH

Upon the death of the Settlor, the then-acting Trustee shall:

(a) Inventory all Trust firearms within thirty (30) days and provide written notice to each qualified beneficiary pursuant to HRS § 554D-813;

(b) Verify each beneficiary's eligibility under 18 U.S.C. § 922(g), HRS § 134-7, and the law of the jurisdiction of intended receipt;

(c) For Title I firearms passing to a Hawaii beneficiary: ensure the beneficiary has obtained a permit to acquire under HRS § 134-2 (or qualifies for an exception, such as inheritance handling under HRS § 134-3.5); ensure the firearm is re-registered to the beneficiary under HRS § 134-3 within five (5) days of receipt;

(d) For any NFA Item lawfully held outside Hawaii under Section 13: file ATF Form 5 (Application for Tax-Exempt Transfer of Firearm and Registration to Special Occupational Taxpayer) requesting tax-exempt transfer to the lawful beneficiary as heir of the decedent, pursuant to 27 C.F.R. § 479.90 — provided that no NFA Item described in HRS § 134-8(a) shall be transferred to a Hawaii-resident beneficiary or brought into Hawaii;

(e) Maintain Trust possession of any NFA Item until ATF approval of Form 5 is received before delivering the item to the beneficiary;

(f) If any beneficiary cannot lawfully receive a particular item, transfer such item to the next eligible contingent beneficiary residing in a jurisdiction where the item is lawful; or arrange transfer to an FFL/SOT for sale with proceeds distributed under the Trust; or arrange surrender/destruction in accordance with ATF guidance and HRS § 134-12.5 (forfeiture).

11. FEDERAL COMPLIANCE — ATF 41F AND § 922(G)

The Settlor and each Responsible Person represent and warrant, as of the date of execution and as a continuing covenant, that none of them:

☐ Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year (§ 922(g)(1))
☐ Is a fugitive from justice (§ 922(g)(2))
☐ Is an unlawful user of, or addicted to, any controlled substance (§ 922(g)(3))
☐ Has been adjudicated as a mental defective or committed to a mental institution (§ 922(g)(4))
☐ Is an alien illegally or unlawfully in the United States, or admitted under a nonimmigrant visa with no qualifying exception (§ 922(g)(5))
☐ Has been discharged from the Armed Forces under dishonorable conditions (§ 922(g)(6))
☐ Has renounced United States citizenship (§ 922(g)(7))
☐ Is subject to a qualifying domestic-violence protection order (§ 922(g)(8))
☐ Has been convicted of a misdemeanor crime of domestic violence (§ 922(g)(9))
☐ Is disqualified under HRS § 134-7 (indictment/conviction for crime of violence, fugitive, addict, person under treatment for addiction/mental disorder, minor, or other category)

Any Responsible Person who becomes a Prohibited Person shall immediately (i) notify the Trustee in writing, (ii) be removed as a Responsible Person, and (iii) surrender possession and access to all Trust firearms. The Trustee shall promptly notify the ATF of any such change as required by 27 C.F.R. Part 479 and shall notify the chief of police of the county of registration as required by HRS § 134-7.3 (seizure of firearms upon disqualification).

12. HAWAII-SPECIFIC PROVISIONS

Hawaii Permit / Registration / Storage Framework (Title I Firearms):

☐ Settlor acknowledges Hawaii requires a permit to acquire under HRS § 134-2 for EVERY firearm acquisition (long gun permit valid for one year, multiple acquisitions; handgun permit valid for 30 days, one acquisition)
☐ Settlor acknowledges Hawaii requires registration of EVERY firearm under HRS § 134-3 with the chief of police of the county of residence within five (5) days of acquisition or arrival in the state
☐ Settlor acknowledges Hawaii requires secure storage under HRS § 134-10.5 (locked container or trigger-locking device when not in actual possession; failure is a petty misdemeanor, and a misdemeanor if a minor obtains the firearm)
☐ Settlor acknowledges Hawaii requires firearm-safety training and an HRS § 134-2(g) handgun-safety certificate from a certified instructor for initial handgun permit
☐ Settlor acknowledges Hawaii requires a National Instant Criminal Background Check System (NICS) check at the permit-to-acquire stage

Hawaii Carry Framework (Post-Bruen, Act 52 of 2023):

☐ Settlor acknowledges Hawaii now operates a "shall-issue" concealed-carry licensing scheme under HRS § 134-9, as amended by Act 52 (2023), following NYSRPA v. Bruen, 597 U.S. 1 (2022)
☐ Settlor acknowledges that despite the shall-issue scheme, HRS § 134-9.1 imposes extensive "sensitive places" restrictions, including bars, restaurants serving alcohol, parks, beaches, banks, hospitals, and many private properties absent express consent; HRS § 134-9.5 imposes a default no-carry rule on private property without owner authorization
☐ Settlor acknowledges HRS § 134-9.2 imposes a duty to disclose to law enforcement during contact
☐ Settlor acknowledges HRS § 134-9.7 makes failure to conceal a firearm by a licensee a petty misdemeanor

Storage and Access: Trust firearms held in Hawaii shall be stored within Hawaii in a manner reasonably preventing access by any Prohibited Person, minor, or unauthorized individual, and in compliance with HRS § 134-10.5. The Trustee shall not knowingly allow constructive possession by any Hawaii Prohibited Person under HRS § 134-7 or any federal Prohibited Person under § 922(g).

Hawaii County Police Department Coordination:

13. OPTIONAL OUT-OF-STATE SITUS / NON-HAWAII BENEFICIARY PROVISIONS

This Section 13 is OPTIONAL and applies ONLY if the Settlor or the Trust elects to hold federally registered NFA Items at a situs outside Hawaii. Such items shall NOT be brought into Hawaii at any time.

(a) Out-of-State Storage Address. The Trust's NFA Items shall be physically stored at the following out-of-state location at all times, in a state where the item is lawful for civilian possession:

State: [________________]
Storage Address: [________________________________________]
Custodian Co-Trustee (must be a lawful possessor under the law of that state): [________________________________________]

(b) Out-of-State Responsible Person. The Responsible Person who exercises authority over each NFA Item under 27 C.F.R. § 479.11 shall be physically located in the state of storage at the time of possession. A Hawaii-resident Responsible Person shall NOT travel to the storage location to exercise possession unless and until the Responsible Person is in the storage state and not transporting the item back to Hawaii.

(c) Form Filing. ATF Form 1 / Form 4 / Form 5 / Form 5320.20 / Form 5320.23 applications shall list the out-of-state storage address as the address of intended possession, NOT a Hawaii address.

(d) Beneficiary Distribution. Upon Settlor's death, NFA Items held under this Section 13 shall pass via ATF Form 5 only to a beneficiary residing in a state where the specific item is lawful. No NFA Item described in HRS § 134-8(a) shall be transferred to a Hawaii-resident beneficiary or brought into Hawaii. Section 10(f) liquidation procedures apply if no out-of-state beneficiary is available.

(e) No Implied Lawfulness in Hawaii. Nothing in this Section 13 shall be construed to authorize the possession of any NFA Item in Hawaii in violation of HRS § 134-8.

14. GOVERNING LAW AND SEVERABILITY

This Trust shall be governed by, and construed in accordance with, the laws of the State of Hawaii — specifically the Hawaii Uniform Trust Code, HRS Chapter 554D, and the Hawaii Uniform Probate Code, HRS Chapter 560 — except that all matters relating to federal NFA Items (where lawfully held outside Hawaii under Section 13), including their acquisition, possession, transfer, manufacture, transport, and registration, shall be governed by federal law (26 U.S.C. § 5841 et seq.; 27 C.F.R. Part 479) and the law of the state of physical situs.

Hawaii law, including HRS Chapter 134, applies to all firearms physically located in Hawaii, and the federal NFA does NOT preempt HRS § 134-8 as to civilian possession within Hawaii. If any provision of this Trust conflicts with HRS § 134-8 as to property held in Hawaii, such provision is void as to that property; the remaining provisions shall continue in full force and effect.

If any other provision of this Trust is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15. SIGNATURES AND NOTARIZATION

SETTLOR:

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

INITIAL TRUSTEE (if different from Settlor):

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

WITNESS 1 (recommended for evidentiary purposes; not required for revocable trust validity in Hawaii):

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

WITNESS 2 (recommended for evidentiary purposes):

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

NOTARIZATION

State of Hawaii
County of [________________]

On this [____] day of [________________], [________], before me 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, who acknowledged to me that he/she/they executed the same in his/her/their authorized capacity and for the purposes therein expressed.

Notary Signature: ________________________________________
Printed Name: [________________________________________]
First Judicial Circuit / [____] Circuit
Commission Expires: [__/__/____]

[NOTARIAL SEAL]

SCHEDULE A — TRUST PROPERTY (TITLE I AND, IF APPLICABLE UNDER SECTION 13, NFA FIREARMS)

SCHEDULE B — RESPONSIBLE PERSONS LOG (ATF 41F)

SOURCES AND REFERENCES

• 26 U.S.C. §§ 5841–5872 (National Firearms Act)
• 27 C.F.R. Part 479 (Machine Guns, Destructive Devices, and Certain Other Firearms)
• ATF Final Rule 41F, 81 Fed. Reg. 2658 (Jan. 15, 2016)
• ATF Form 1, Form 4, Form 5, Form 5320.20, Form 5320.23
• 18 U.S.C. § 922(g) (Prohibited Persons)
• HRS Chapter 554D (Hawaii Uniform Trust Code)
• HRS Chapter 560 (Hawaii Uniform Probate Code)
• HRS Chapter 134 (Firearms, Ammunition and Dangerous Weapons)
• HRS § 134-1 (Definitions)
• HRS § 134-2 (Permits to acquire)
• HRS § 134-3 (Registration; mandatory)
• HRS § 134-4 (Transfer; possession of firearms)
• HRS § 134-6.5 (Relief from federal firearms mental-health prohibitor)
• HRS § 134-7 (Ownership, possession, or control prohibited)
• HRS § 134-7.3 (Seizure of firearms upon disqualification)
• HRS § 134-8 (Ownership, possession, or control of automatic firearms, silencers, etc.; prohibited)
• HRS § 134-8.5 (Bump fire stocks, multiburst trigger activators, trigger cranks; prohibition)
• HRS § 134-9 (Licenses to carry; Act 52 of 2023 post-Bruen framework)
• HRS § 134-9.1 (Sensitive places restrictions)
• HRS § 134-9.5 (Private property default no-carry)
• HRS § 134-10.5 (Secure storage of firearms)
• HRS § 134-12.5 (Forfeiture of firearms, ammunition, deadly or dangerous weapons)
• NYSRPA v. Bruen, 597 U.S. 1 (2022)

This document is provided as a legal template and does not constitute legal advice. Hawaii law prohibits civilian possession of suppressors, machine guns, short-barreled rifles, short-barreled shotguns, assault pistols, and other items listed in HRS § 134-8 with NO federal-compliance exception; violations are class C felonies with a mandatory five-year prison term without probation. Consult a licensed Hawaii firearms or estate-planning attorney before execution. Violations of the National Firearms Act are also federal felonies punishable by up to ten (10) years' imprisonment and $250,000 in fines.