Transferring Non-NFA Firearms to Your Gun Trust Q & A
Question: I am working on transferring my non-NFA firearms into my trust. After talking with our Colorado firearms dealer, they believed that all that is needed to move my existing non-NFA firearms into my trust is to do a “private party transfer” to transfer the firearms from us to our trust. Would this be the proper procedure for non-NFA firearms?
Answer: Generally speaking, yes. Use the assignment sheet/form that came with your trust to make the assignment. To the extent you can, keep a record of the Form 4473 background check and approval even if just taking a picture with your phone.
Question: Any future non-NFA firearms that are purchased, I assume I can purchase these directly into the trust by utilizing the gun trust bank account associated with the trust, correct? For the background checks on any new non-NFA firearms, is the name of the trust used, or would the background check have to be completed for the trust’s trustee and co-trustee?
Answer: Yes, future Colorado firearm purchases can be made directly into the trust. However, ATF Form 4473 is not set up for entities/trusts. When filling out ATF Form 4473, you would fill it out in your individual name then sign “Your Name, Trustee”. You would use/submit the ATF sworn statement we provided along with the properly completed ATF Form 4473. The ATF sworn statement follows the instructions on the back of Form 4473 for when acquiring a firearm on behalf of “or other such business entity”. See ATF Form 4473 Instructions, Section B, Paragraph 2. The conservative approach is to have all current, co-trustees go through the ATF Form 4473 background check process for each firearm purchased by the trust.
