Kentucky Gun Trust / NFA Trust

KENTUCKY 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 (ATF Rule 41F)
6. Beneficiary Provisions
7. Successor Trustee
8. Amendment and Revocation
9. Distribution Upon Death of Settlor (ATF Form 5)
10. Kentucky-Specific Provisions
11. Federal Compliance Acknowledgments
12. Signatures and Notarization
13. Schedule A — Trust Firearms
14. Schedule B — Responsible Persons (ATF 41F)

1. DECLARATION OF TRUST

Trust Name: [________________________________________]

Date of Execution: [__/__/____]

I, [SETTLOR FULL LEGAL NAME], residing at [________________________________________], City of [________________], County of [________________], Commonwealth of Kentucky, hereby establish this revocable inter vivos trust (the "Trust") for the purpose of acquiring, holding, managing, and lawfully transferring firearms, including items regulated under the National Firearms Act, 26 U.S.C. § 5841 et seq.

This Trust is established pursuant to the Kentucky Uniform Trust Code, KRS Chapter 386B, and shall be governed by the laws of the Commonwealth of Kentucky except where federal law preempts.

2. DEFINITIONS

"Firearm" means any weapon as defined in KRS § 237.060 and 18 U.S.C. § 921(a)(3).

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

"Prohibited Person" means any individual prohibited from receiving or possessing firearms under 18 U.S.C. § 922(g), KRS § 527.040 (felon in possession), KRS § 527.100 (possession by minor — exceptions apply), or any other applicable law.

"Responsible Person" has the meaning set forth in 27 C.F.R. § 479.11, as amended by ATF Final Rule 41F (effective July 13, 2016), and includes the Settlor, every Trustee and Co-Trustee, and any other person with the legal authority or capability to receive, possess, direct the management, or dispose of NFA firearms held by the Trust.

"CLEO" means the chief law enforcement officer of the locality in which a Responsible Person resides, for purposes of the notification requirement under 27 C.F.R. §§ 479.63 and 479.85.

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 from Schedule A at any time without formal amendment of the Trust.

☐ The Settlor has transferred the items listed on Schedule A to the Trust
☐ ATF Form 4 (transfer) submitted for each NFA item transferred into the Trust
☐ ATF Form 1 (manufacture) submitted for each NFA item manufactured by the Trust
☐ $200 making/transfer tax stamp paid for each NFA item ($5 for AOWs on Form 4)

4. TRUSTEE POWERS AND DUTIES

Initial Trustee: [________________________________________]

The Trustee shall have the following powers and duties:

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

(b) Submit ATF Form 1 (making) or ATF Form 4 (transfer) for NFA items, including fingerprint cards (FD-258), 2x2 photographs, and ATF Form 5320.23 (Responsible Person Questionnaire) for every Responsible Person, in accordance with ATF Rule 41F (27 C.F.R. § 479.11);

(c) Provide the required CLEO notification copy to the chief law enforcement officer of each Responsible Person's place of residence;

(d) Maintain all trust firearms in safe and secure storage and ensure no Prohibited Person has access;

(e) File ATF Form 5320.20 prior to interstate transport of any NFA item required by 27 C.F.R. § 478.28;

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

(g) Maintain accurate records of all trust firearms, including original tax-paid registrations, Forms 1/4/5, and dispositions;

(h) Comply with all applicable Kentucky firearms laws under KRS Chapter 237 and KRS Chapter 527.

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

The following individuals are designated as Co-Trustees and Responsible Persons authorized to possess and use NFA items held by the Trust:

☐ Each Co-Trustee has been verified as not a Prohibited Person under 18 U.S.C. § 922(g) or KRS § 527.040
☐ Each Co-Trustee has submitted ATF Form 5320.23 (Responsible Person Questionnaire) with each pending Form 1 / Form 4 application
☐ Each Co-Trustee has submitted FD-258 fingerprint cards (2 sets) and a 2x2 passport-style photograph with each pending application
☐ Each Co-Trustee has provided the CLEO copy of Form 5320.23 to the chief law enforcement officer for his or her place of residence
☐ Each Co-Trustee is at least 18 years of age (21 if receiving an NFA item directly from an FFL)

6. BENEFICIARY PROVISIONS

Primary Beneficiary(ies):

Contingent Beneficiary(ies):

No beneficiary who is a Prohibited Person under federal or Kentucky law shall receive any firearm from this Trust. The Trustee shall verify eligibility before any distribution.

7. SUCCESSOR TRUSTEE

If the Initial Trustee is unable or unwilling to serve:

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

Each Successor Trustee must: (a) be at least 18 years of age; (b) not be a Prohibited Person under 18 U.S.C. § 922(g) or KRS § 527.040; (c) submit ATF Responsible Person documentation (fingerprints, photograph, Form 5320.23) with the next NFA application after assuming the role; and (d) accept the trusteeship in writing.

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 KRS § 386B.6-020. Any amendment or revocation shall be in writing, signed by the Settlor, and acknowledged before a notary public.

Upon revocation, all NFA items shall be transferred to the Settlor individually (requiring a new ATF Form 4 and $200 tax per item) or to another eligible transferee in accordance with 27 C.F.R. Part 479.

9. DISTRIBUTION UPON DEATH OF SETTLOR (ATF Form 5)

Upon the death of the Settlor, the Trustee shall:

(a) Inventory all trust firearms within thirty (30) days;

(b) Verify each beneficiary's eligibility under 18 U.S.C. § 922(g) and KRS § 527.040;

(c) File ATF Form 5 (Form 5320.5) for each NFA item as a tax-exempt transfer to a lawful heir under 27 C.F.R. § 479.90 and 27 C.F.R. § 479.90a;

(d) Retain custody of each NFA item until Form 5 approval is received from the NFA Division before transferring possession to the heir;

(e) Transfer Title I firearms to eligible beneficiaries — Kentucky does not require private intrastate transfers between Kentucky residents to proceed through an FFL;

(f) Surrender to ATF, destroy, or transfer to a qualified FFL/SOT any item that cannot be lawfully transferred.

10. KENTUCKY-SPECIFIC PROVISIONS

NFA Items Permitted in Kentucky:

Kentucky Carry Law: Kentucky adopted permitless ("constitutional") carry under Senate Bill 150 (2019), amending KRS § 527.020, effective June 27, 2019. A person who is 21 years of age or older and not a Prohibited Person, and who is otherwise qualified to be issued a concealed deadly weapons license under KRS § 237.110, may carry a concealed deadly weapon in Kentucky without a license, subject to the place restrictions in KRS § 527.020 and federal Gun-Free School Zones Act limitations. A Concealed Deadly Weapons License remains available and recommended for reciprocity in other states.

Kentucky State Preemption: KRS § 65.870 preempts local regulation of firearms, ammunition, and components; only the General Assembly may regulate in this area.

Kentucky Prohibited Persons (state-law overlay): In addition to 18 U.S.C. § 922(g), Kentucky prohibits possession by a convicted felon (KRS § 527.040) and possession of a handgun by a minor under 18 except in specified circumstances (KRS § 527.100).

☐ Settlor acknowledges that Kentucky law permits NFA items when properly registered under federal law
☐ Settlor acknowledges that KRS § 527.040 prohibits convicted felons from possessing firearms in Kentucky
☐ Settlor acknowledges Kentucky's permitless-carry framework under SB 150 (2019) does not exempt the Trust from federal NFA requirements

11. FEDERAL COMPLIANCE ACKNOWLEDGMENTS

☐ The Settlor acknowledges that all NFA items must be registered in the National Firearms Registration and Transfer Record (NFRTR) under 26 U.S.C. § 5841
☐ The Settlor acknowledges ATF Rule 41F (eff. July 13, 2016) Responsible Person requirements at 27 C.F.R. § 479.11
☐ The Trust shall comply with Form 5320.20 interstate transport notification requirements for SBRs, SBSs, machine guns, and destructive devices
☐ The Trust shall not allow possession or constructive possession of NFA items by any Prohibited Person under 18 U.S.C. § 922(g)
☐ The Trust shall maintain original approved Forms 1, 4, and 5 with each NFA item

12. SIGNATURES AND NOTARIZATION

SETTLOR:

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

INITIAL TRUSTEE (if different from Settlor):

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

NOTARIZATION

Commonwealth of Kentucky
County of [________________]

Before me, [________________________________________], a Notary Public in and for the Commonwealth of Kentucky, on this [____] day of [________________], [________], personally appeared [________________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) for the purposes therein contained.

GIVEN UNDER MY HAND AND OFFICIAL SEAL.

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

[NOTARIAL SEAL]

SCHEDULE A — TRUST FIREARMS

SCHEDULE B — RESPONSIBLE PERSONS (ATF 41F)

This document is provided as a legal template and does not constitute legal advice. Consult a licensed Kentucky firearms attorney experienced in NFA gun trusts before execution.