Using Your NFA Trust

Using your NFA trust

By now you know that there are many benefits to using an NFA trust to acquire your NFA items.

However, once you have your trust instrument in-hand, there is still much work to be done.

In this article, I will walk you through the process starting from the moment you receive your trust instrument.

Executing The Trust

Step 1:  You must have your trust instrument notarized.  This is crucial!  Your trust does not come into existence until it is notarized.  You will also need to sign and date any schedules attached to your trust.

Note:  If the date your trust is notarized is later than the date on your ATF forms, this is a problem.  The entity submitting the application (the trust) must legally exist on the date it supposedly submitted the form.

Step 2: You should place the notarized original in a safe place after making as many copies as you need.  This is no small task since you will need a number of copies.  You will need one copy to submit to the BATFE with any Form 4 or Form 1 application.  Please note that this copy will NOT be returned to you.  You will also need and a copy for each of the Joint Trustees and Successor Trustees.  Additionally, you should place a copy in your range bag.  That way,  you will have it with you at all times that you are in possession of trust-owned items.

Note: These copies should include all schedules as well as the main body of the trust instrument.

Step 3:  You should clearly identify the physical assets you initially transferred into the trust as trust property.  You do this by taking a $10 bill and a single round of ammunition, placing them into an envelope with the name of the trust on it, and placing the sealed envelope in a secure place.

Note: The NFA items which are the subject of the application are not added to the trust until the application is approved.

Adding NFA Assets to the Trust

Step 1:  This is where the instructions diverge based upon the answer to one simple question.  “Are you acquiring an existing NFA item or building a new one?

If you are acquiring an existing NFA item then you should follow my guide for completing the new Form 4.

If you are building a new NFA item (such as assembling an SBR or SBS or making a suppressor) then you should follow my guide for completing the new Form 1.

Adding Non-NFA Assets to the Trust

Step 1:  You should decide if you are going to add any non-NFA firearms into the trust.

Your NFA trust is perfectly capable of holding non-NFA items.  However, most of my clients choose not to do so for two reasons:

1)  Almost none of the benefits that a trust gives you for NFA items apply to regular firearms; and

2)  Most people don’t like the idea of voluntarily notifying the ATF (via the copy of the trust that accompanies all Form 4 and Form 1 applications) of all the non-NFA firearms they own.

Note:  Many clients have stated that they have been told they do not need to share their non-NFA asset list with the ATF.  However, ATF Regulation 41F, which went into effect on July 13, 2016, contains this requirement.  It states that any application must be accompanied by “complete and unredacted copies of [the] declaration of trust, with any trust schedules, attachments, exhibits, and enclosures.

Consequently, most people hand-down their regular firearms in their will rather than intermingle them with their NFA trust assets.  However, if you wish to add any non-NFA firearms or accessories to the trust at any time then it is easy to do so.  If your trust was drafted since July of 2019 then your Schedule A will contain language allowing you to attach a detailed list of non-NFA items.  If your trust was drafted prior to this date, then I will be glad to provide an update to your Schedule A with the latest language.

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