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 any weapon as defined in Tex. Penal Code § 46.01 and 18 U.S.C. § 921(a)(3).

"NFA Item" means any firearm regulated under 26 U.S.C. §§ 5841–5872, including suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), machine guns, destructive devices, and any other weapons (AOWs).

"Prohibited Person" means any individual prohibited from possessing firearms under 18 U.S.C. § 922(g) or Tex. Penal Code § 46.04.

"Responsible Person" means the Settlor, each Trustee, and any person with the power to direct management or disposition of trust firearms, per 27 C.F.R. § 479.11.

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
☐ $200 tax stamp paid for each NFA item (or $5 for AOWs)

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) File ATF Form 5320.20 for interstate transport of NFA items;

(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
☐ 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 at least 18 years of age; (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 ATF Form 4 and $200 tax per item) 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) File ATF Form 5 (tax-exempt transfer to lawful heir) for each NFA item;
(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.