Question: I have a quick question for you related to my trust and the upcoming effective date related to 27 CFR Parts 478 & 479 related to the stabilizing braces. In the link that you sent related to the topic in the Q/A section it refers to evidence that the trust possessed the firearm prior to the date the final rule is published. The evidence includes the signed, dated, and notarized terms of the trust or trust schedules. My question for you is related to the trust schedules. Am I supposed to send updated schedules to the ATF when I add items, NFA and Non-NFA (magazines for example), or am I allowed to keep these records on hand and provide if necessary?
Answer: You do not need to notify the ATF whenever you add non-NFA items to your Colorado firearms trust. We do not recommend transferring large capacity magazines to your Colorado firearms trust. “Large capacity” is more than 15 rounds.
Regarding adding NFA items to your firearms trust, by default, you notify the ATF whenever an NFA item is added to the trust. Transferring an NFA item to the trust requires an approved ATF Form 1 or Form 4 depending on the situation.
Regarding evidence that the trust possessed the braced pistol prior to the effective date of the final rule, the ATF will require more than the trust execution date. ATF will want to see clear and convincing proof that the braced pistol was transferred to the trust prior to the final rule effective date. Our trust does not include schedules (like a Schedule A) specifically so that your trust property remains private and is not disclosed every time you submit an ATF Form 1 or Form 4. We use an assignment sheet/page with two witnesses. You have copies of the assignment sheet in your trust notebook. If you properly filled out and dated an assignment sheet prior to the final rule effective date and had the assignment sheet properly witnessed prior to the final rule effective date, the ATF should accept that as clear and convincing proof. Another (more conservative) option is to get sworn statements from your witnesses, acknowledged by a notary, and include those sworn statements along with the assignment sheet. The sworn witness statements should state that the witnesses, witnessed your signature on the date stated on your assignment sheet. Please keep in mind that a false sworn statement submitted to the ATF can result in substantial criminal penalties.
