Let's Create Your New Gun Trust!

The questions on the next few pages will guide you step-by-step through the process of creating a personalized, state-specific gun trust for your NFA firearms, such as silencers, short-barreled rifles, short-barreled shotguns, and fully-automatic firearms, and your non-NFA firearms.

Gun Trust Name

Enter the name of your new gun trust. For a gun trust, a short name is better, such as "Smith Trust," "Smith NFA Trust," or "ABC Trust."

Use normal punctuation and normal capitalization. Do NOT enter the gun trust name in ALL UPPER CASE or all lower case.

Do not use the word "The" at the beginning of the gun trust name.

The word "Trust" must be used at the end of the gun trust name.

Use normal punctuation. Do not type in all upper case or all lower case letters
Did you use the word "Trust" at the end of your gun trust name?*

Our system requires the word "Trust" to be used at the end of the gun trust name. Please go back and correct this! Then change the answer to this question to "Yes."

Settlor and Initial Trustee

Need help understanding the term "Settlor" and/or "Initial Trustee?"*

The Settlor is the person creating the gun trust. The Settlor is the beneficial owner of all gun trust property, regardless of where the money came from or how the property managed to get into the gun trust.

The Settlor is also the Initial Trustee. Intentionally, the Settlor is the only Trustee (the only "Responsible Person") on Day 1, so the Settlor is the only person who is required to sign the documents to create the gun trust, and is the only person who is required to submit fingerprints and photographs when the Settlor files the Settlor's first ATF application to acquire the Settlor's first NFA firearm using the gun trust.

Settlors and Trustees (not Beneficiaries or Successor Trustees) are the only persons considered to be "Responsible Persons." Our gun trust forms allow the Settlor to appoint Additional Co-Trustees (authorized users) whenever the Settlor wishes. However, the Settlor cannot appoint Additional Co-Trustees while the Settlor has a pending ATF application. Any Trustee can be in possession of any NFA firearm in the gun trust. After the Initial Trustee receives ATF tax stamp (and while there are no other ATF applications pending), the Settlor can appoint Additional Co-Trustees (authorized users) using the Appointment of Additional Co-Trustee form.

The only time Responsible Person Questionnaires, fingerprints, and photographs of all Co-Trustees (not Beneficiaries or Successor Trustees) are required is when the Settlor is filing a new ATF application to acquire a new NFA firearm. If the Settlor was identifying Additional Co-Trustees in a new ATF application, the Settlor would provide a copy of the gun trust (which shows the Settlor and Initial Trustee to be a "Responsible Person") and a copy of each Appointment of Additional Co-Trustee form for each of the Additional Co-Trustees also being identified as a "Responsible Person" in the ATF application. The Settlor can remove any Additional Co-Trustee at any time the Additional Co-Trustee is not in possession of any of the gun trust's NFA firearms using the Removal of Additional Co-Trustee form.

To qualify as an Initial Trustee or as an Additional Co-Trustee, a person must be able to legally possess and receive any type of firearm under federal law and state law (e.g., no felons or minors).

Enter the Settlor's full legal name (first, middle, and last), preferably as it appears on the Settlor's driver's license. If the Settlor's middle name and/or suffix is shown on the Settlor's driver's license, enter it, regardless of whether the field states "optional." If the Settlor does not have a middle name or suffix (Jr., II, III, etc.), simply leave those fields blank.

Use normal punctuation and normal capitalization such as, "John Doe Smith Jr." Do NOT enter the Settlor's name in ALL UPPER CASE or all lower case.

Prefixes, such as "Mr." or titles, such as "Ph.D." should not be entered anywhere in our forms.

Settlor's Full Legal Name*
Have you entered the Settlor's full legal name (first, middle, and last) as it is shown on the Settlor's driver's license or other government-issued form of identification?*

Enter the Settlor's full legal name (first, middle, and last) the same way the Settlor is identified on the Settlor's driver's license or other government-issued form of identification. Please go back and correct this! Then change the answer to this question to "Yes."

Is the Settlor known by any other name appearing on a current government-issued form of identification?*
Settlor's "Also Known As" Name
Is the Settlor a U.S. citizen?*
Is your state and county of residence displayed correctly above?*

Go back and correct this! Then change the answer to this question to "Yes."

Do you want to sign your gun trust in the presence of a notary public?*
We prefer answering "Yes" since it is traditional and more conservative, even if it is not required by the law of your state. If "No," then you will be not be required to notarize any of your gun trust documents.
Do you want to be able to appoint and remove Additional Co-Trustees in the future without the need of a notary public?*
We prefer answering "Yes" since it will make it more convenient for you in the future. If "No," then you will be required to notarize those forms, too.

Beneficiary

Need help understanding the term "Beneficiary?"*

A Beneficiary is a person who will be entitled to inherit the gun trust property if that person is still alive when the Settlor dies. A Beneficiary does not sign your gun trust, nor does he or she even need to know that he or she is even identified as a Beneficiary of your gun trust.

A Beneficiary is NOT a "Responsible Person."

Primary Beneficiary: The Primary Beneficiary is a person who is first in line to inherit the gun trust property after the Settlor dies. You must identify as least one Primary Beneficiary. If you identify more than one Primary Beneficiary, the Primary Beneficiaries who are still living when the Settlor dies will inherit equal shares of the gun trust property. For example, a married person might name his or her spouse as the Primary Beneficiary.

Do not identify the Settlor as a Primary Beneficiary.

Enter the Beneficiary's full legal name (first, middle, and last). If the Beneficiary has a middle name and/or suffix, enter it, regardless of whether the field states "optional." If the Beneficiary does not have a middle name or suffix (Jr., II, III, etc.), simply leave those fields blank.

Prefixes, such as "Mr." or titles, such as "Ph.D." should not be entered anywhere in our forms.

Primary Beneficiary No. 1's Full Legal Name*
Primary Beneficiary No. 2's Full Legal Name
Primary Beneficiary No. 3's Full Legal Name
Primary Beneficiary No. 4's Full Legal Name
Primary Beneficiary No. 5's Full Legal Name
Primary Beneficiary No. 6's Full Legal Name
Have you listed at least one Primary Beneficiary who is not the Settlor?*
The Settlor should never be identified as a Beneficiary.

You must identify at least one person as a Primary Beneficiary. The Settlor is NOT a Beneficiary. Go back and correct this! Then change the answer to this question to "Yes."

Would you like to include one or more Secondary Beneficiaries?*

Secondary Beneficiary: If no Primary Beneficiary is alive when the Settlor dies, the Secondary Beneficiary will be entitled to inherit the gun trust property. If you identify more than one Secondary Beneficiary (and there is no Primary Beneficiary still living), the Secondary Beneficiaries who are still living when the Settlor dies will inherit equal shares of the trust property. For example, a married person might identify his or her children as Secondary Beneficiaries after identifying his or her spouse as the Primary Beneficiary. It does not matter how old the Settlor's children are today, because the Settlor is not dead. You are not required to identify a Secondary Beneficiary.

Do not identify the Settlor as a Secondary Beneficiary.
Secondary Beneficiary No. 1's Full Legal Name
Secondary Beneficiary No. 2's Full Legal Name
Secondary Beneficiary No. 3's Full Legal Name
Secondary Beneficiary No. 4's Full Legal Name
Secondary Beneficiary No. 5's Full Legal Name
Secondary Beneficiary No. 6's Full Legal Name

Successor Trustee

Need help understanding the term "Successor Trustee?*

A Successor Trustee is a person who will be allowed to serve as a Trustee or Co-Trustee in the future, if the Settlor dies or is no longer able to serve as Trustee and the gun trust does not have any other person serving as a Trustee at that time. In other words, if for some reason your gun trust loses all of its Trustees (persons allowed to use and possess your gun trust's NFA firearms), each person identified as a Successor Trustee will be allowed to become a Trustee of the gun trust at that time. You must identify at least one Successor Trustee. A person identified as a Beneficiary may also be identified as a Successor Trustee. For example, a married person might identify his or her spouse as the Primary Beneficiary, his children as the Secondary Beneficiaries, and all of them as Successor Trustees. Successor Trustees do not sign your gun trust, nor do they need to even know that they are identified as Successor Trustees of your gun trust.

A Successor Trustee is NOT a "Responsible Person."

Do not identify the Settlor as a Successor Trustee.

Enter the Successor Trustee's full legal name (first, middle, and last). If the Successor Trustee has a middle name and/or suffix, enter it, regardless of whether the field states "optional." If the Successor Trustee does not have a middle name or suffix (Jr., II, III, etc.), simply leave those fields blank.

Prefixes, such as "Mr." or titles, such as "Ph.D." should not be entered anywhere in our forms.

Successor Trustee No. 1's Full Legal Name*
Successor Trustee No. 2's Full Legal Name
Successor Trustee No. 3's Full Legal Name
Successor Trustee No. 4's Full Legal Name
Successor Trustee No. 5's Full Legal Name
Successor Trustee No. 6's Full Legal Name
Have you identified at least one Successor Trustee who is not the Settlor? *
The Settlor should never be identified as a Successor Trustee.

You must identify at least one person as a Successor Trustee. The Settlor is NOT the Successor Trustee. Go back and correct this! Then change the answer to this question to "Yes."

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