If you are setting up a gun trust, sooner or later you will run into the phrase “responsible person.” It comes from ATF Rule 41F, which took effect on July 13, 2016, and it is the single most misunderstood part of owning NFA items in a trust.
The short version
A responsible person is anyone who has the power to direct the management of the trust or who can legally possess and handle the firearms the trust owns. In a typical trust, that means the people serving as trustees. It generally does not mean beneficiaries who only stand to inherit.
What a responsible person has to do
When the trust applies to make or transfer an NFA item, each responsible person completes ATF Form 5320.23, attaches a photo, and submits two fingerprint cards. The trust also sends a copy of the application to the chief law enforcement officer. This is notification, not permission.
Why this is a drafting question
Because who counts as a responsible person flows from how the trust is written, the smart move is to have it drafted with this rule in mind. You can give your spouse lawful shared possession without turning a dozen people into responsible persons on every filing. A Texas attorney reviews every trust we deliver.
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