Q:
You prepared an NFA trust for me back in 2010. I have two questions.
- How do I add someone to the trust?
- With the passage of 41F, what do I need to do to make a new purchase? I think I need finger print cards and photos for all trustees, but am unsure how to attach them to the trust.
A:
Adding someone to the trust. First, people use that term rather loosely. It is hard for me to know exactly what you mean. If you would like to add a co-trustee who would be able to possess NFA items in the trust, that requires a minor amendment.
Another option is a form we have created that allows you to add a co-trustee for up to 90 days. That trustee is called a short term trustee. You can add the person for just a day or up to 90 days. Please keep in mind that you would still have to comply with local firearm laws. If you are not in Colorado, I cannot advise you about the laws of another state (like New Mexico, for example).
Changes brought about by 41F. You would need fingerprint cards, photos, and responsible person forms for all co-trustees. Here is a cut and paste from our updated memorandum:
Since 41F has been implemented, there are documents that must be sent to the CLEO and the ATF. There is no CLEO certification anymore. The CLEO receives notice that a purchase is being made.
The Following Documents are sent to your CLEO:
- The CLEO Copy of the BATFE Form 4.
- The CLEO copy of the BATFE Form 5320.23 for each responsible person. The ATF has interpreted 41F to define a responsible person as anyone who can manage, or possess the trust property. With our trusts the 5320.23 only needs to be completed for the Trustees of the Trust at the time of the application. This would include any Co-Trustees, Managing Trustees, Limited Purpose Trustees, and Short Term Trustees, but not any Trustees that have been removed, successor Trustees, or Beneficiaries.
This Following Documents are sent to the ATF:
- A photocopy of the trust.
- The Assignment Page. It cannot be blank: write $10 or the NFA items you are transferring on it before submitting the page.
- Any Amendments to the Trust that have been signed.
- Both The ATF Copy and ATF Copy 2 that is generated from the current ATF Form 4 (5320.4) or Form
- (5320.1). – which must be printed as a double-sided document and signed in Blue or Black ink.
- Your check for the tax ($200 or $5 for an AOW on a Form 4 or $200 for a Form 1).
- An Original Form 5320.23 (National Firearms Act Responsible Person Questionnaire) from all Responsible Persons (all active Trustees). On each 5320.23 you should affix 1 Passport Photo on 3e (do not staple) and 2 Original FBI Form FD-258 fingerprint cards for each Responsible Person.
- A check for $200 or payment information on your completed Form 1 or Form 4.
