NFA gun trust · Attorney-drafted
Texas NFA Gun Trust. Multiple authorized users. Smooth succession. Drafted by an attorney.
An NFA gun trust is a revocable trust designed specifically to hold firearms regulated under the National Firearms Act: suppressors, short-barreled rifles, short-barreled shotguns, machine guns lawfully owned, and any-other-weapons. The trust lets every named trustee lawfully possess and use the items, eliminates the months-long Form 5 transfer process at death, and provides a compliance framework that protects you and the people who use your items. Every NFA trust drafted through TexasEstates.com is prepared by our team and reviewed by Darryl Pratt, a Texas-licensed attorney with experience in firearms-related estate planning.
What ATF Rule 41F changed (and what it didn't)
Until 2016, an important advantage of trust ownership was avoiding the CLEO (chief law enforcement officer) signature requirement that historically attached to individual NFA transfers. ATF Rule 41F, effective July 13, 2016, eliminated that advantage. All "responsible persons" in an NFA trust now undergo the same background check, fingerprinting, and photograph submission that individual transferees do.
If anyone tells you an NFA trust avoids the background check, they are working from pre-2016 information. What the trust still does is provide multi-user access during the settlor's lifetime, streamlined succession at the settlor's death, and a compliance framework — all of which remain meaningful reasons to use one.
Why use a trust instead of individual ownership?
- Multiple trustees can possess and use the items — spouses, adult children, business partners, hunting and shooting companions
- No Form 5 transfer needed for items staying in trust at the settlor's death
- Single trust for the entire collection — one trust holds all current and future NFA items
- Privacy at death — trust transfers are not public probate filings
Who should form an NFA gun trust?
- Owners of NFA items (suppressors, SBRs, SBSs, AOWs, lawful machine guns) who want others to lawfully possess and use the items
- Collectors building a multi-item NFA collection over time
- Hunters and competitive shooters who share equipment with companions
- Owners concerned about smooth transfer of items at death
- Owners of standard Title I firearms — not subject to NFA regulation
- Owners who never need multi-user access and have no succession concerns
What's included
- Custom NFA Trust Agreement naming all initial and successor trustees
- Schedule A inventory framework for tracking items owned by the trust
- Provisions for storage, access, transfer, lending, and disposition of NFA items
- Successor trustee provisions covering disability and death
- Beneficiary designations and distribution provisions
- Compliance memorandum — Rule 41F responsible-person requirements, transfer procedures, recordkeeping
- Execution instructions covering notarization and trustee acknowledgments
- Trust certification for demonstrating the trust to dealers and the ATF
Pricing
Flat fees · attorney-drafted · Texas-statutory
NFA Gun Trust
Complete trust drafting, compliance memorandum, execution instructions, trust certification. Single flat fee.
Start NFA Gun TrustAmendment to Existing Trust
Add or remove trustees, update beneficiaries, address changes in the law. For owners with existing NFA trusts that need updating.
Start AmendmentHow it works
- 1
Tell us about your situation.
Our intake captures trustees, successor trustees, beneficiaries, current and anticipated NFA items, and your storage and access plans. About 15 minutes.
- 2
We draft your trust.
Trust agreement, compliance memorandum, execution instructions. Darryl Pratt reviews before delivery.
- 3
You execute and notarize.
The trust requires notarization and trustee acknowledgments. We provide detailed execution instructions.
- 4
You use the trust for NFA transfers.
Going forward, Form 1 and Form 4 applications list the trust as the applicant. Existing individually-owned items can be transferred in through Form 4 transfers (with the standard $200 tax stamp).