Thank you for working with us to prepare your Gun Trust. Please complete the questionnaire to the best of your ability so our staff can draft your documents quickly and efficiently.

If you have any questions while completing the form, please email our office prior to your appointment.

Email: support@api.law

Office: 801-679-6978

We look forward to assisting you with your Gun Trust!

-The API Law Client Services Team

Please Note - Upon completion of this form you will be directed to a calendar link to schedule your final document review.

• A Gun Trust is a legal document created to allow the ownership of certain firearms or other items that are regulated by the National Firearms Act (NFA), the federal law that governs the manufacture, possession and use of certain guns and gun accessories.

• A Gun Trust is created by a person referred to as the Grantor.

• The API Law Gun Trust cover all Title I weapons, or GCA firearms as well. In layman's terms, these are considered firearms for sport and personal defense. These generally are classified as standard rifles, shotguns, and handguns. You are not required to submit an application to the ATF for these types of firearms. This part of your gun collection can also be included in your GUN TRUST.

• If you own Class III firearms, you will need to follow a simple process with the ATF once your trust is created. The Trust files an application and pays a tax to the ATF to register the NFA regulated firearm. The Gun Trust cannot take ownership of the NFA regulated firearm (or transfer an NFA firearm) prior to the approval of the application by the ATF.

• The Gun Trust allows the Grantor of the Trust, as well as those individuals named as Trustees, to lawfully use and possess the NFA regulated firearm. Anyone using or possessing an NFA regulated firearm or other item without proper registration with the ATF could be guilty upon conviction of a federal felony.

• Naming several Trustees within a Gun Trust allows different people to use, possess, store and transport NFA-regulated firearms. By simply adding an eligible person as a Co-Trustee, the owner of the NFA weapon can authorize these persons to legally use any NFA weapons that the Gun Trust owns.

• Also, a properly executed Gun Trust will avoid Probate, and while alive the Grantor can direct how the weapons will be held or distributed. So even non-regulated weapons can be added to a Gun Trust, to make them accessible to family and friends even after death.

• The Gun Trust is revocable and can be amended at any time during the Grantor's life. The Grantor can change beneficiaries, assign new weapons to the Trust, sell or transfer any weapons held in the Trust, etc.

• Minor children can be named as Beneficiaries of NFA Gun Trust property but cannot legally possess any NFA regulated item until they are at least 18 years old and/or be able to lawfully to possess a firearm under state and federal law.

• Weapons and other items regulated by the NFA are generally known as Title II firearms. More specifically, federal law (26 U.S.C. 5845; 27 CFR 479.11) defines the following items as regulated under the NFA:

  - a shotgun having a barrel or barrels of less than 18 inches in length; - a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length;
  - a rifle having a barrel or barrels of less than 16 inches in length;
  - a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;
  - Any Other Weapon (aka "AOW") as define in the statute;
  - a machine gun;
  - any silencer (as defined in Section 921 of Title 18, United States Code); and
  - a destructive device.

  Additional information regarding NFA regulated firearms is available from the ATF.

** API Law will provide you general instructions and ATF website links on registering your firearms with the ATF upon the completion of your GUN TRUST documents. You will be solely responsible for executing all documentation required by the ATF. ** 

List the name of the Gun Trust - the name that identifies the Trust. In many cases, the name will be similar to the "Joseph Jones Gun Grust" or the "Jones Family Gun Trust".

You can name as many qualifying Co-Trustees as you wish.

If Co-Trustees will be named when the Trust is created, provide the full legal names of the Co-Trustees. Please avoid the use of any nicknames.

If no Co-Trustees will be appointed at this time (but will be named at a later date), insert "None at this time" or a similar phrase.

Upon the death of the named Co-Trustees, a Successor Trustee can be named to serve in that capacity.

Provide the full legal name of a successor Trustee.

If no Successor Trustee is desired, write "None at this time" or a similar phrase.

Provide the full legal names of each Beneficiary; Use full legal names, with each name separated by a comma, and the word “and” before the last name (e.g. Robert Smith, James Jones, William Wallace and James Juniper).

Please avoid the use of nicknames.

The API Law Gun Trust does not use a "Schedule" to list all Gun Trust property. Rather, the Grantor will transfer NFA regulated items to the Gun Trust using a separate Assignment Form. This Assignment Form cannot be used until the AFT has approved the registration and issued the Tax stamp.

The Assignment Form is NOT part of the Gun Trust; it merely offers proof of transfer to the NFA Trust. By eliminating the schedule of firearm ownership from the Trust itself, the Grantor and Trustee are not required to provide a list of all firearms owned by Trust when making later application for new NFA regulated items.

If an owner of an NFA regulation firearm creates a Gun Trust and desires to transfer the firearm to the newly created Trust, the transfer will require the submission of ATF Form 4, a background check and the payment of the $200 stamp tax. (Since the Grantor is the owner of the firearm, the Grantor can maintain possession of the item while the transfer is being processed by the ATF.)

When the Grantor dies, the Trust continues to own the property that has been assigned to the Trust. Naturally, those named as Trustees can continue to possess and use the NFA regulated firearms owned by the Trust.

PLEASE NOTE - Upon the completion of your Gun Trust documents we will provide your Assignment Forms to you as well as detailed instructions on working with the ATF. 

Please proceed to the Final Submission and Signature Page.

By signing this document you affirm and certify that all the information and answers to questions herein are complete, true and correct to the best of your knowledge and belief.

Please produce your digital signature below.

After completing your digital signature, please hit the SUBMIT NOW button below.