Texas Gun Trust / NFA Trust

TEXAS GUN TRUST / NFA TRUST

TABLE OF CONTENTS

1. Declaration of Trust
2. Definitions
3. Trust Property
4. Trustee Powers and Duties
5. Co-Trustees
6. Beneficiary Provisions
7. Successor Trustee
8. Amendment and Revocation
9. Distribution Upon Death
10. Texas-Specific Provisions
11. Signatures and Notarization

1. DECLARATION OF TRUST

Trust Name: [________________________________________]

Date of Execution: [__/__/____]

I, [SETTLOR FULL LEGAL NAME], residing at [________________________________________], City of [________________], County of [________________], State of Texas, hereby establish this revocable inter vivos trust (the "Trust") for the purpose of acquiring, holding, managing, and transferring firearms, including items regulated under the National Firearms Act, 26 U.S.C. § 5841 et seq.

This Trust is established pursuant to the Texas Trust Code, Tex. Prop. Code §§ 111.001 et seq.

2. DEFINITIONS

"Firearm" means a device within the applicable definition in Tex. Penal Code § 46.01(3), 18 U.S.C. § 921(a)(3), or 26 U.S.C. § 5845(a), depending on the law and transaction at issue. Those definitions are not identical.

"NFA Item" means a firearm within 26 U.S.C. § 5845(a), including the short-barreled shotgun and rifle categories, weapons made from them within the statutory dimensions, any other weapons, machineguns, silencers, and destructive devices, subject to the exclusions in that section.

"Prohibited Person" means an individual barred from possessing or receiving the relevant firearm under applicable law, including 18 U.S.C. § 922(g) or Tex. Penal Code § 46.04 when applicable.

"Responsible Person" means an individual who possesses, directly or indirectly, the power or authority to direct the Trust's management and policies insofar as they pertain to firearms, including authority to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for or on behalf of the Trust. Under 27 C.F.R. § 479.11, a settlor/grantor, trustee, beneficiary, or other person is included only when the individual has the relevant power or authority; title alone is not conclusive.

3. TRUST PROPERTY

All firearms and related items transferred to this Trust are listed on Schedule A (attached). The Settlor may add or remove items from Schedule A at any time without formal trust amendment.

☐ The Settlor has transferred the items listed on Schedule A to the Trust
☐ ATF Form 4 (transfer) submitted for each NFA item transferred to the Trust
☐ The current NFA making/transfer tax has been handled under 26 U.S.C. §§ 5811(a), 5821(a): $200 for a machinegun or destructive device and $0 for other NFA firearms; retain the approved form or eForms approval as proof of registration

4. TRUSTEE POWERS AND DUTIES

Initial Trustee: [________________________________________]

The Trustee shall have the following powers and duties:

(a) Acquire, possess, use, transport, and lawfully transfer firearms on behalf of the Trust;

(b) Submit ATF Form 4 (transfer) or ATF Form 1 (manufacture) for NFA items, including fingerprints and photographs for all Responsible Persons per ATF Rule 41F;

(c) Maintain all trust firearms in safe and secure storage;

(d) Ensure no Prohibited Person has access to trust firearms;

(e) Obtain ATF authorization before interstate or foreign transport when required for a destructive device, machinegun, short-barreled shotgun, or short-barreled rifle under 18 U.S.C. § 922(a)(4) and 27 C.F.R. § 478.28. ATF Form 5320.20 may be used. This federal preauthorization rule does not list silencers or AOWs, but destination law and transfer rules still apply;

(f) Pay all taxes, fees, and costs associated with trust firearms;

(g) Maintain accurate records of all trust firearms, acquisitions, and dispositions.

5. CO-TRUSTEES

The following individuals are designated as Co-Trustees and may possess and use NFA items held by the Trust:

☐ Each Co-Trustee has been verified as not a Prohibited Person
☐ When required by a pending Trust Form 1 or Form 4 application: Each Co-Trustee has submitted ATF Form 5320.23 (Responsible Person Questionnaire)
☐ Each Co-Trustee is at least 18 years of age

6. BENEFICIARY PROVISIONS

Primary Beneficiary(ies):

Contingent Beneficiary(ies):

No beneficiary who is a Prohibited Person shall receive any firearm from this Trust. The Trustee shall verify eligibility before any distribution.

7. SUCCESSOR TRUSTEE

If the Initial Trustee is unable or unwilling to serve:

First Successor Trustee: [________________________________________]
Second Successor Trustee: [________________________________________]

Each Successor Trustee must: (a) be legally eligible to possess every firearm to which access will be given; (b) not be a Prohibited Person under federal or Texas law; and (c) submit ATF Responsible Person documentation.

8. AMENDMENT AND REVOCATION

The Settlor reserves the right to amend or revoke this Trust at any time during the Settlor's lifetime, pursuant to Tex. Prop. Code § 112.051. Any amendment or revocation shall be in writing and signed by the Settlor.

Upon revocation, all NFA items shall be transferred to the Settlor individually (requiring an approved ATF Form 4 and the current tax under 26 U.S.C. § 5811(a) ($200 for a machinegun or destructive device; $0 for other NFA firearms)) or to another eligible transferee.

9. DISTRIBUTION UPON DEATH

Upon the death of the Settlor, the Trustee shall:

(a) Inventory all trust firearms within thirty (30) days;
(b) Verify each beneficiary's eligibility under federal and Texas law;
(c) For each NFA firearm proposed for distribution after death, obtain current ATF guidance on the required transfer route. Use Form 5 only if ATF confirms an estate or operation-of-law tax exemption; otherwise use the current Form 4 and tax rate. See 27 C.F.R. § 479.90a and the current Form 4 and Form 5 instructions;
(d) Transfer Title I firearms to eligible beneficiaries; Texas does not require private party transfers to go through an FFL;
(e) Surrender or destroy any item that cannot be lawfully transferred.

10. TEXAS-SPECIFIC PROVISIONS

NFA Items Permitted in Texas:

☐ Settlor acknowledges that Texas law permits NFA items when properly registered under federal law
☐ Settlor acknowledges that Tex. Penal Code § 46.04 prohibits felons and certain other persons from possessing firearms

Texas Firearms Freedom Act: Tex. Gov't Code § 2001.001 note — applies to firearms manufactured and retained within Texas; however, ATF maintains that federal NFA requirements still apply.

11. SIGNATURES AND NOTARIZATION

SETTLOR:

Signature: ________________________________________
Printed Name: [________________________________________]
Date: [__/__/____]

INITIAL TRUSTEE (if different from Settlor):

Signature: ________________________________________
Printed Name: [________________________________________]
Date: [__/__/____]

NOTARIZATION

State of Texas
County of [________________]

Before me, [________________________________________], a Notary Public in and for the State of Texas, on this [____] day of [________________], [________], personally appeared [________________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies).

GIVEN UNDER MY HAND AND SEAL OF OFFICE.

Notary Signature: ________________________________________
Commission Expires: [__/__/____]

[NOTARIAL SEAL]

SCHEDULE A — TRUST PROPERTY

This document is provided as a legal template and does not constitute legal advice. Consult a licensed Texas firearms attorney before execution.