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Removing or Adding a Responsible Person to a NFA Gun Trust

In the NFA Gun Trusts that we offer, a responsible person in the NFA Gun Trust is the settlor and any co-trustees named within the NFA Gun Trust.  The NFA Gun Trust also, names the successor trustee and a beneficiary and/or multiple beneficiaries. The successor trustee and beneficiaries in our NFA Gun Trusts are not to be considered to a responsible person in the trust and not considered to be a responsible person by the ATF.  Thus, they aren't required to submit any ATF 5320.23 paperwork, fingerprint cards nor a passport photo.  

What happens though if you need to remove a co-trustee, a.k.a. a responsible person from your NFA Gun Trust?  This process may seem daunting, but the process of removing a responsible person in a NFA Gun Trust is not difficult.  With every purchase we include amendments to your NFA Gun Trust that you can use to remove a responsible person from your NFA Gun Trust.  You will need to use our co-trustee removal amendment and add the co-trustee, a.k.a. responsible person's information that you want removed from the NFA Gun Trust on that amendment.  After you filled out your amendment, you will be able to get the NFA Gun Trust amendment dated, notarized, witnessed and signed.  Once that happens the NFA Gun Trust amendment is now a part of your NFA Gun Trust.  That means that moving forward you will need to keep the original NFA Gun Trust amendment with your original NFA Gun Trust.  When you are applying for any new tax stamps from the ATF, you will need to send them your original notarized, date and witnessed NFA Gun Trust and any NFA Gun Trust amendments that you have created and executed.

If you would like to add a co-trustee, a.k.a. a responsible person to your NFA Gun Trust the process is basically the same as stated above in the process to remove a co-trustee, a.k.a. a responsible person to your NFA Gun Trust.  Instead of getting an amendment made to remove a co-trustee, we simply will execute an amendment to add a co-trustee, a.k.a. responsible person to your NFA Gun Trust.  Just like the NFA Gun Trust amendment to remove a responsible person the NFA Gun Trust amendment to add a responsible person to the NFA Gun Trust, also requires the amendment to be dated, notarized, witnessed and signed in order for the amendment to be executed.  The NFA Gun Trust amendment to add a co-trustee will also be required to be kept with the original NFA Gun Trust.  You will also be required to send in this NFA Gun Trust amendment to the ATF when you are applying for a new tax stamp.  Note: If you are adding a co-trustee, a.k.a. a responsible person to the NFA Gun Trust with an amendment, the next time you apply for a tax stamp from the ATF, the newly added co-trustee will be required to fill out a ATF Form 5320.23 - Responsible Person Questionnaire.  In addition to the ATF 5320.23 they will be required to send the ATF two fingerprint cards and a passport photo with your ATF tax stamp application.  This must be done for the life of them being a co-trustee in your NFA Gun Trust.

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2 comments

  • Gustavo, yes you can check our blog article here about requesting removal of a SBR/SBS Title 2 status – https://www.nationalguntrusts.com/blogs/nfa-gun-trust-atf-information-database-blog/atf-letter-requesting-removal-of-a-sbr-sbs-title-2-status

    National Gun Trusts
  • i would like to know instead of the steps listed above is it possible to have the stamp revoked or removed?

    gustavo cabrera

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