Whether you are purchasing an item from another individual or want to transfer your item from your name into your newly created trust, the process will be the same: Form 4.
Transfer from your individual name into your trust
If you registered an item under your individual name but ultimately want that item in a trust, you will have to transfer that item via a Form 4 transfer. The ATF views this as a transfer from an individual to an entity and will require the Form 4 and the $200 tax stamp fee.
The ATF’s Form 4 is not available on the ATF’s e-filing system for anyone other than FFL dealers, so you will have to mail in the necessary documents to the ATF.
Paperwork Required for this Transfer
- Form 4: As with any NFA purchase from a dealer or individual, you will be completing a Form 4. When completing this Form 4, keep in mind the following:
- You as an individual will be considered the Transferor (seller) of the item.
- Your trust will be considered the Transferee (buyer) of the item.
- You will be submitting two copies of the Form 4 to the ATF. You will see in red at the bottom of the Form 4 where it indicates the different copies of the form.
- “ATF Copy”
- “ATF Copy 2 – To Be Returned to Registrant”
The difference you will run across when completing a Form 4 as a trust is you will not be completing the Transferee Questions section in the Form 4 as a trust, which are lines 14 through 20. This section will be taken care of with the Form 23, which is asking for your individual information as the responsible person of the trust.
- Form 23: The Form 23 is the Responsible Person Questionnaire, which is asking for all the information that you did not fill out in the Transferee Questions on the Form 4.
- Complete all sections of this form.
- This is the form that you will be attaching your passport-sized photo to.
- You will be submitting one copy of the Form 23 to the ATF. You will see in red at the bottom of the Form 23 where it indicates the different copies of the form.
- “ATF Copy”
- Trust Documents: The ATF requires a copy of the trust when submitting a Form 4 application in your trust’s name.
For your trust documentation, you will send in:
- All pages of your trust document along with the notarized Certification of Settlor page.
- The 41F Amendment if you are wanting to remove all other responsible persons from the trust.
- The Assignment of Property page for only the item you are applying for.
- Fingerprints: You will submit two sets of fingerprints for this application.
Where to Send Your Application:
National Firearms Act Division
Bureau of Alcohol, Tobacco, Firearms and Explosives
P.O. Box 5015
Portland, OR 97208-5015
Checklist of what to send:
- 2 Copies of the Form 4
- 1 Copy of the Form 23
- Entire Copy of Trust Documents
- Two Sets of Fingerprints
CLEO Notification: You are required to notify your local law enforcement of any ATF application. The CLEO is no longer required to sign off on these applications, but you do have to mail them the necessary documents for notification.
The CLEO is your County’s Sheriff or City’s Police Department.
What to send to your CLEO:
- “CLEO Copy” of the Form 4
- “CLEO Copy” of the Form 23
No fingerprints or photo is required to be sent to your CLEO.
If you have an NFA Lawyers trust, our office can provide you with a Sample Form 4 upon request so that you can make sure you are completing this application correctly. Dean Phillips also provides services to assist in any ATF application if you are not confident in submitting these applications on your own.