Iowa Gun Trust / NFA Trust

IOWA GUN TRUST / NFA TRUST

TABLE OF CONTENTS

1. Declaration of Trust
2. Definitions
3. Trust Property
4. Trustee Powers and Duties
5. Co-Trustees and Responsible Persons
6. Beneficiary Provisions
7. Successor Trustee
8. Amendment and Revocation
9. Distribution Upon Death
10. Federal Compliance — ATF 41F and § 922(g)
11. Iowa-Specific Provisions
12. Governing Law and Severability
13. 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 Iowa, hereby establish this revocable inter vivos trust (the "Trust") for the purpose of acquiring, holding, managing, possessing, transporting, and lawfully transferring firearms — including items regulated under the National Firearms Act, 26 U.S.C. § 5841 et seq., and 27 C.F.R. Part 479 — for the benefit of the Settlor during the Settlor's lifetime and for the named Beneficiaries thereafter.

This Trust is established pursuant to the Iowa Trust Code, Iowa Code Ch. 633A. 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 any "dangerous weapon" or firearm within the meaning of Iowa Code §§ 702.7 and 724.1.

"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 lawfully transferable under federal law, destructive devices, and any other weapons (AOWs). Such items, when registered in compliance with the NFA, are expressly LEGAL in Iowa notwithstanding Iowa Code § 724.1B (SBR/SBS) and § 724.1C (suppressor), both of which criminalize possession only when "in violation of federal law."

"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 Iowa Code § 724.26 (convicted felons, persons adjudicated delinquent on felony-equivalent conduct, persons subject to qualifying protective orders, and persons convicted of a misdemeanor crime of domestic violence) or Iowa Code § 724.31 (certain mental-health adjudications and commitments).

"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.

3. TRUST PROPERTY

All firearms and related items transferred to this Trust are listed on Schedule A (attached and incorporated by reference). The Settlor may add or remove items from Schedule A at any time during the Settlor's lifetime without formal amendment, provided that any transfer of an NFA Item into or out of the Trust complies with 26 U.S.C. § 5812 (Form 4) or 26 U.S.C. § 5822 (Form 1).

☐ The Settlor has transferred the items listed on Schedule A to the Trust
☐ ATF Form 4 (transfer) or Form 1 (manufacture) has been submitted and approved for each NFA Item
☐ The $200 making/transfer tax (or $5 for AOW transfers) has been paid for each NFA Item and the tax stamp is affixed to the Trust file copy

4. TRUSTEE POWERS AND DUTIES

Initial Trustee: [________________________________________]

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

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

(b) Submit ATF Form 4 (transfer), Form 1 (making), or Form 5 (tax-exempt transfer) for NFA Items, 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;

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

(d) Maintain all Trust firearms in safe and secure storage so as to prevent access by any Prohibited Person, minor, or unauthorized individual;

(e) File ATF Form 5320.20 prior to interstate transport of any NFA Item (other than a suppressor) across state lines;

(f) Pay all federal taxes, fees, and costs associated with Trust firearms;

(g) Maintain accurate records of each Trust firearm — including approved Forms 1/4/5, tax stamps, serial numbers, acquisitions, dispositions, and the identity of each Responsible Person — for the life of the Trust.

5. CO-TRUSTEES AND RESPONSIBLE PERSONS

The following individuals are designated as Co-Trustees and/or Responsible Persons. Each may lawfully possess and use NFA Items held by the Trust subject to federal and Iowa law:

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), Iowa Code § 724.26, or Iowa Code § 724.31
☐ Submitted ATF Form 5320.23 (Responsible Person Questionnaire) with the most recent Form 1 or Form 4
☐ Submitted two completed fingerprint cards (FD-258)
☐ Submitted one 2x2 inch passport-style photograph taken within the prior year
☐ CLEO notification copy provided to the chief law-enforcement officer of the Responsible Person's locality
☐ Is at least twenty-one (21) years of age for handgun possession; eighteen (18) for rifle/shotgun (federal threshold under 18 U.S.C. § 922(b)(1)); meets Iowa's permitless-carry age threshold of twenty-one (21) under Iowa Code § 724.4

6. BENEFICIARY PROVISIONS

Primary Beneficiary(ies):

Contingent Beneficiary(ies):

No beneficiary who is a Prohibited Person under 18 U.S.C. § 922(g), Iowa Code § 724.26, Iowa Code § 724.31, 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 a state that prohibits civilian possession of a particular NFA Item, the Trustee shall not transfer that item to such beneficiary and shall apply the alternative-disposition provisions of Section 9.

7. 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 under federal law and Iowa Code Ch. 724; (b) not be a Prohibited Person under federal or Iowa law; (c) submit ATF Form 5320.23, fingerprints, and photograph in connection with the next Form 1 or Form 4 application; and (d) execute a written acceptance of trusteeship pursuant to Iowa Code § 633A.4101.

8. 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 Iowa Code § 633A.3101. Any amendment or revocation shall be in writing, signed by the Settlor, and delivered to the Trustee.

Upon revocation, all NFA Items held by the Trust must be transferred either: (a) to the Settlor individually, requiring submission of ATF Form 4 and payment of the $200 transfer tax for each NFA Item (or $5 for AOWs); or (b) to another eligible transferee through the appropriate ATF form. The Trust shall not dissolve until all NFA transfers are completed and approved.

9. 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 Iowa Code § 633A.4213;

(b) Verify each beneficiary's eligibility under 18 U.S.C. § 922(g), Iowa Code §§ 724.26 and 724.31, and the law of the jurisdiction of intended receipt;

(c) For each NFA Item, 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;

(d) Transfer Title I firearms (non-NFA firearms) to eligible beneficiaries; Iowa does not generally require private-party transfers to proceed through a federal firearms licensee (FFL), though a Permit to Acquire or valid permit to carry may be relevant for handgun transfers under Iowa Code § 724.15;

(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, or arrange transfer to an FFL/SOT for sale with proceeds distributed under the Trust, or arrange surrender/destruction in accordance with ATF guidance.

10. 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); Iowa Code § 724.31)
☐ 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 otherwise prohibited from possessing firearms or offensive weapons under Iowa Code § 724.26 (felony conviction, juvenile felony adjudication, qualifying protective order, or domestic-violence misdemeanor) or § 724.31 (qualifying mental-health adjudication or commitment)

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.

11. IOWA-SPECIFIC PROVISIONS

NFA Items Permitted in Iowa:

Iowa Constitutional Right to Keep and Bear Arms (2022 Amendment — Strict Scrutiny):

The Settlor acknowledges that on November 8, 2022, Iowa voters ratified Iowa Const. Art. I, § 1A, which provides: "The right of the people to keep and bear arms shall not be infringed. The sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right shall be subject to strict scrutiny." This amendment elevates Iowa to one of a small group of states (with Alabama, Louisiana, and Missouri) requiring strict scrutiny review of state firearm regulations as a matter of state constitutional law. Under strict scrutiny, any state law that infringes the right must be (i) narrowly tailored to (ii) further a compelling governmental interest. This standard is independent of, and more protective than, the federal standard articulated in District of Columbia v. Heller, 554 U.S. 570 (2008), McDonald v. City of Chicago, 561 U.S. 742 (2010), and N.Y. State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022). The Settlor and Trustee acknowledge that this state constitutional protection may be invoked to challenge any state or local restriction on Trust property or carry rights.

Iowa Carry Framework:

☐ Settlor acknowledges Iowa is a permitless concealed-carry state under H.F. 756 (2021 Iowa Acts ch. 35), effective July 1, 2021, codified in amendments to Iowa Code § 724.4 and related sections; persons twenty-one (21) years of age or older who may lawfully possess a firearm may carry concealed without a permit
☐ Settlor acknowledges the Iowa nonprofessional permit to carry weapons (Iowa Code § 724.7) and professional permit (Iowa Code § 724.6) remain available and provide reciprocity benefits; as of December 2025, only the nonprofessional permit is recognized by ATF as a NICS-exempt permit
☐ Settlor acknowledges the Iowa Permit to Acquire pistols and revolvers under Iowa Code § 724.15 is no longer required for purchases from an FFL (NICS suffices) but remains relevant for certain private-party handgun transfers unless the transferee holds a valid permit to carry
☐ Settlor acknowledges Iowa Code § 724.28 preempts political subdivisions from enacting any ordinance, policy, or resolution regulating the ownership, possession, carrying, transfer, transportation, modification, registration, licensing, or storage of firearms when otherwise lawful under state law
☐ Settlor acknowledges Iowa Code § 554H.3 (enacted 2024) prohibits any state or local government entity from keeping a registry of privately-owned firearms or owners (subject to limited criminal-investigation and stolen-firearm exceptions)
☐ Settlor acknowledges Iowa's Stand-Your-Ground / use-of-force framework under Iowa Code §§ 704.1, 704.2A, 704.2B, and 704.13 (no duty to retreat in any place where lawfully present)

Storage and Access: Trust firearms shall be stored within Iowa in a manner reasonably preventing access by any Prohibited Person, minor not under direct supervision of a Responsible Person, or unauthorized individual. The Trustee shall not knowingly allow constructive possession by any Prohibited Person.

12. GOVERNING LAW AND SEVERABILITY

This Trust shall be governed by, and construed in accordance with, the laws of the State of Iowa — specifically the Iowa Trust Code, Iowa Code Ch. 633A, and Iowa Const. Art. I, § 1A — except that all matters relating to NFA Items, 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), which preempts conflicting state or local law as to those matters.

If any provision of this Trust is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. The Trustee shall construe this Trust so as to comply at all times with federal NFA law and Iowa law and to maximize the protection afforded by Iowa Const. Art. I, § 1A.

13. 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 Iowa):

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

WITNESS 2 (recommended for evidentiary purposes):

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

NOTARIZATION

State of Iowa
County of [________________]

Before me, the undersigned Notary Public in and for the State of Iowa, on this [____] day of [________________], [________], 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/they executed the same in his/her/their authorized capacity and for the purposes therein expressed.

GIVEN UNDER MY HAND AND SEAL OF OFFICE.

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

[NOTARIAL SEAL]

SCHEDULE A — TRUST PROPERTY (NFA AND TITLE I 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)
• Iowa Const. Art. I, § 1A (Right to keep and bear arms; strict scrutiny, ratified Nov. 8, 2022)
• Iowa Code Ch. 633A (Iowa Trust Code)
• Iowa Code Ch. 724 (Iowa firearms statutes)
• Iowa Code § 724.1 (Offensive weapons)
• Iowa Code § 724.1B (Possession of SBR/SBS in violation of federal law)
• Iowa Code § 724.1C (Possession of firearm suppressor in violation of federal law)
• Iowa Code § 724.4 (Carrying weapons; permitless carry framework)
• Iowa Code §§ 724.6, 724.7 (Professional and nonprofessional permits to carry)
• Iowa Code § 724.15 (Permit to Acquire pistols and revolvers)
• Iowa Code § 724.26 (Possession of firearms by felons and certain other persons)
• Iowa Code § 724.27 (Restoration of firearm rights)
• Iowa Code § 724.28 (State preemption of firearms regulation)
• Iowa Code § 724.31 (Persons disqualified due to mental-health adjudication)
• Iowa Code § 554H.3 (Prohibition on government firearm registries; 2024)
• Iowa Code §§ 704.1, 704.2A, 704.2B, 704.13 (Justifiable use of force; Stand Your Ground)
• H.F. 756 (2021 Iowa Acts ch. 35; permitless carry, eff. July 1, 2021)

This document is provided as a legal template and does not constitute legal advice. Consult a licensed Iowa firearms or estate-planning attorney before execution. Violations of the National Firearms Act are felonies punishable by up to ten (10) years' imprisonment and $250,000 in fines. Iowa Code §§ 724.1B and 724.1C make possession of SBRs, SBSs, and suppressors that are NOT in compliance with federal law a state crime.