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. § 5801 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
☐ Each item and transaction reviewed under current ATF guidance and Texas law; Form 4 submitted when required or voluntarily chosen
☐ For a machine gun or destructive device, required NFA approval, registration, and the applicable $200 tax have been addressed; retain approvals for any item registered voluntarily

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) Determine whether a Form 4 or Form 1 is required for the item and transaction, or voluntarily chosen. When the Trust files either application, include the Responsible Person documentation, fingerprints, and photographs required by 27 C.F.R. Part 479;

(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 when required by a pending Trust application.

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, NFA items shall be transferred to the Settlor individually or another eligible transferee under current federal and Texas law. A machine gun or destructive device remains subject to the applicable federal form, approval, and tax. For a covered domestic suppressor, SBR, SBS, or AOW transaction, check ATF's current nonenforcement guidance and whether voluntary registration is appropriate.

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 applicable transfer route. For a machine gun or destructive device, use Form 5 only if ATF confirms an estate or operation-of-law tax exemption; otherwise use the required Form 4 and tax rate. For a covered domestic suppressor, SBR, SBS, or AOW transfer, check ATF's current nonenforcement guidance and any voluntary registration choice. See 27 C.F.R. § 479.90a and current Form 4 and Form 5 instructions. Section 479.90a applies to a firearm registered to a decedent personally and handled by an estate executor; it does not itself give this Trust a Form 5 tax exemption.
(d) Transfer Title I firearms to eligible beneficiaries; Texas does not require private party transfers to go through an FFL. Before any delivery to a beneficiary in another state, confirm that 18 U.S.C. § 922(a)(3) and (a)(5) permit it, including whether the bequest or intestacy exception applies; otherwise use a licensed dealer and comply with both states' laws.
(e) Surrender or destroy any item that cannot be lawfully transferred.

10. TEXAS-SPECIFIC PROVISIONS

Texas and Federal Review by Item:

☐ Settlor has reviewed Texas and federal requirements for each scheduled item; § 46.05(a)(1) is applied only to its listed categories
☐ Settlor acknowledges that Tex. Penal Code § 46.04 prohibits felons and certain other persons from possessing firearms

Texas firearm-suppressor provision: Tex. Gov't Code § 2.052 addresses a firearm suppressor manufactured in Texas and retained in Texas. It does not address firearms generally. Determine applicable federal requirements separately before making, possessing, or transferring any NFA item.

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 [________________]

This instrument was acknowledged before me on [__/__/____] by [SETTLOR NAME].

GIVEN UNDER MY HAND AND SEAL OF OFFICE.

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

[NOTARIAL SEAL]

INITIAL TRUSTEE ACKNOWLEDGMENT (if a different person signs as trustee):

State of Texas
County of [________________]

This instrument was acknowledged before me on [__/__/____] by [TRUSTEE NAME] as Trustee of [TRUST NAME].

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.