We are often asked whether a Colorado NFA Trust or a Colorado Firearm Trust can be used in another state. Or, if the trust creator/maker (Settlor) moves, can he/she keep the same trust or would he/she have to establish new a new NFA/Firearm Trust in the new state? The short answer is yes, probably, the trust maker can keep their NFA/Firearm trust. The longer answer is it depends on the state the person moves to and what that state’s law says about trusts and how the trust is viewed. The trust is not the limiting factor. State law is the limiting factor. Even if the trust can operate in the new state, as a general rule, the trust does not allow an individual to possess an item that is prohibited under local law.
In Colorado, a trust is much like any other entity. The trust is considered a person. However, some states do not recognize trusts as a separate entity or treat trusts differently. It is important that any settlor of an NFA Trust or Firearm Trust understand all the laws, rules and regulations surrounding the possession of firearms in the destination state.
