Do I have to submit an executed copy of my Gun Trust with an electronic Form 1

While this may seem obvious, we regularly get asked this question.   YES, when using the ATF eFiling for a Fom1, a signed copy of your gun trust must be uploaded.  The maximum file size that can be attached is 3MB but you can upload multiple files if necessary.  We recommend scanning your gun trust at 200 DPI in black and white or grayscale to keep the file size small.  If you find that the file size is still over 3MB, you can separate the documents into several parts which can each be uploaded. In addition to the trust document, you must also submit all amendments which have been executed at the time of the filing, any schedules mentioned in the document like Shedule A, Sechedule B, lists of beneficiaries, list of co-trustees, and in most cases a Schedule A or Assignment sheet showing the trust has been funded is also required.

A word of caution about Gun Trusts that use a Schedule A to list firearms.

If your gun trust uses Schedules like a Schedule A to list the firearms, it may not be wise to include your non NFA firearms in the trust as you will end up sending the ATF a list of all of your firearms.  Gun trusts that use assignment sheets are generally preferable to others because of the ability to maintain the privacy over your non NFA firearms.

While many people initially consider the use of a gun trust for NFA firearms, many of the same benefits exist for Title I firearms or those subject to the GCA.  As we do not know who will survive us, where they will live, if they will be prohibited, or if they will be mature and responsible enough to have firearms after our death (we are not there to make those decisions) traditional estate planning can create problems for our family and friends.

Some trusts which are marketed as NFA trusts or gun trusts do not provide guidance on how to transfer NFA or Non NFA firearms and leave those decisions up to the individuals who survive you.  You should carefully review your trust to make sure those who will survive you will clearly be able to understand their duties and obligations.