So you have a Gun Trust but how do you correctly fill out a Form 1 or Form 4 when the applicant is the Gun Trust? This is a common question and below explains how the forms should be filled out.
To begin with, regardless of what individuals on the internet may tell you, you need to submit your ENTIRE trust with your application for transfer or making of a NFA firearm.
How to fill out a Form 1: (Example Form 1 copy) (Unless otherwise specified, the Form 1 should be filled out as normal)
-Under Section 2, check off Corporation or Other Business Entity
-Under Section 3b specify the name and address, which should be something akin to: Doe Firearms Trust, 1234 Some Rd. Some City, PA, 19000.
-Under Section 3d specify the county of the Trust
-Under Section 4, (a) – (g), fill it out as you normally would. In section 4(h), specify the Trust name, city and state. Using the example above, this would mean placing Doe Firearms Trust, Some City, PA in 4(h).
-Under Section 7, the person signing should be the Settlor or Trustee, if not one in the same.
-Under Section 8, place Settlor (or Trustee), after listing the name of the individual.
-Under Section 10 and 11, answer the questions.
-Neither Section 12 nor 13 must be completed when utilizing a trust.
How to fill out a Form 4: (Example Form 4 copy)(Unless otherwise specified, the Form 4 should be filled out as normal)
-Under Section 2a specify the name and address, which should be something akin to: Doe Firearms Trust, 1234 Some Rd. Some City, PA, 19000.
-Under Section 2b specify the county of the Trust
-Under Section 15 (Name of Transferee) specify the Trust name. Using the example above, this would mean placing Doe Firearms Trust in this box.
-Under Section 15 (Signature of Transferee) the Grantor or Trustee should sign, followed by his/her title (AKA Settlor or Trustee).
How to Fill out a Form 5330.20: (Gun Trust example Form 5330.20) UPDATE: No Longer Necessary, see update below.
-Section 1: Name under which the Application was Filed: should be the Trust name. Using the example above, this would mean placing The Smith Firearms Trust in this box.
-Section 2: Name of person certifying citizenship: Put your name in.
-Section 3: What is your country of citizenship: United States of America
-Section 7: Signature of Individual who is identified in Section 2: Your signature followed by your title (AKA Trustee or Grantor (if both, just place Trustee)).
UPDATE: The BATFE, on page 5 of the November 2008 Newsletter, has stated that a certificate of citizenship is not required. Moreover, items 13, 14, 16, and 17 (transferee’s information, photograph, and CLEO signature) of the Form 4 do not have to be filled out. However, the settlor/grantor/trustee must sign item 15 on the Form 4, which is for the transferee’s signature.