NEW YORK GUN TRUST / NFA TRUST

TABLE OF CONTENTS

1. Declaration of Trust
2. Definitions
3. Trust Property
4. Trustee Powers and Duties
5. New York-Specific Restrictions
6. Beneficiary Provisions
7. Successor Trustee
8. Amendment and Revocation
9. Distribution Upon Death
10. SAFE Act Compliance
11. Signatures

1. DECLARATION OF TRUST

Trust Name: [________________________________________]

Date of Execution: [__/__/____]

I, [SETTLOR FULL LEGAL NAME], residing at [________________________________________], City/Town of [________________], County of [________________], State of New York, hereby establish this revocable inter vivos trust (the "Trust") pursuant to NY EPTL § 7-1.17 for the purpose of holding, managing, and transferring lawful firearms.

2. DEFINITIONS

"Firearm" means any pistol, revolver, rifle, or shotgun, as defined under NY Penal Law § 265.00.

"Assault Weapon" means any weapon defined under NY Penal Law § 265.00(22), as amended by the NY SAFE Act of 2013.

"NFA Item" means any firearm regulated under 26 U.S.C. §§ 5841–5872.

"Prohibited Person" means any individual prohibited from possessing firearms under 18 U.S.C. § 922(g) or NY Penal Law § 265.01 et seq.

"Responsible Person" means the Settlor, each Trustee, and any person with power to direct management or disposition of trust firearms, per 27 C.F.R. § 479.11.

3. TRUST PROPERTY

All firearms transferred to this Trust are listed on Schedule A (attached). The Settlor may amend Schedule A at any time during the Settlor's lifetime.

☐ Each firearm listed on Schedule A is lawful under New York law
☐ All handguns are listed on the Settlor's valid NY pistol permit
☐ No assault weapons (as defined by the NY SAFE Act) are included unless lawfully registered
☐ No NFA-prohibited items are included in this Trust

4. TRUSTEE POWERS AND DUTIES

Initial Trustee: [________________________________________]

The Trustee shall:

(a) Hold, maintain, and safeguard all trust firearms in compliance with federal, state, and local law;

(b) Ensure all handguns held in trust are reflected on a valid NY pistol permit held by a trustee or authorized person;

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

(d) Comply with NY safe storage requirements (NY Penal Law § 265.45);

(e) Maintain records of all firearms, acquisitions, and dispositions;

(f) For any NFA item lawfully held (e.g., pre-registered items, law enforcement), submit all required ATF documentation.

5. NEW YORK-SPECIFIC RESTRICTIONS

CRITICAL NOTICE: New York law prohibits civilian possession of most NFA items:

☐ Settlor acknowledges that this Trust may NOT hold items prohibited under New York law
☐ Settlor acknowledges the NY SAFE Act registration requirements
☐ Settlor acknowledges the pistol permit requirement for all handguns

NYC Additional Restrictions: If any trustee or beneficiary resides in New York City, additional licensing requirements apply under NYC Admin. Code § 10-302 et seq. (NYC firearms license required in addition to state permit).

6. BENEFICIARY PROVISIONS

Primary Beneficiary(ies):

Contingent Beneficiary(ies):

No Prohibited Person shall receive any firearm. Beneficiaries receiving handguns must hold a valid NY pistol permit before distribution.

7. SUCCESSOR TRUSTEE

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

Each Successor Trustee must: (a) not be a Prohibited Person; (b) hold a valid NY pistol permit if the trust holds handguns; (c) comply with all NY SAFE Act requirements; and (d) be a New York resident or be willing to comply with NY firearms laws.

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 NY EPTL § 7-1.17. Amendment or revocation shall be in writing and signed by the Settlor.

9. DISTRIBUTION UPON DEATH

Upon the death of the Settlor, the Trustee shall:

(a) Inventory all trust firearms within thirty (30) days;
(b) Notify the appropriate county licensing officer of the Settlor's death if the trust holds handguns;
(c) Verify each beneficiary holds a valid NY pistol permit (for handguns) or is otherwise eligible;
(d) Complete transfers through a licensed firearms dealer as required under NY Penal Law § 400.00;
(e) File ATF Form 5 for any lawfully held NFA items;
(f) Surrender to law enforcement or destroy any firearm that cannot be lawfully transferred;
(g) Ensure all transfers comply with the NY SAFE Act background check requirements.

10. SAFE ACT COMPLIANCE

The NY SAFE Act (2013) imposes the following requirements relevant to this Trust:

☐ All assault weapons (as defined under NY Penal Law § 265.00(22)) must have been registered with NY State Police by April 15, 2014
☐ Magazines holding more than 10 rounds are prohibited; magazines holding more than 7 rounds may not be loaded with more than 7 rounds (enforcement stayed by court order — verify current status)
☐ Universal background checks required for all transfers except to immediate family members
☐ Safe storage requirements per NY Penal Law § 265.45
☐ Ammunition sales records maintained by dealers

11. SIGNATURES

SETTLOR:

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

INITIAL TRUSTEE (if different from Settlor):

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

NOTARIZATION

State of New York
County of [________________]

On the [____] day of [________________], [________], before me, the undersigned, personally appeared [________________________________________], personally known to me or proved to me on the basis of satisfactory evidence to be the individual(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 capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.

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

[NOTARIAL SEAL]

SCHEDULE A — TRUST PROPERTY

This document is provided as a legal template and does not constitute legal advice. New York imposes severe restrictions that significantly limit the utility of a gun trust for NFA items. Consult a licensed New York firearms attorney before execution.