A gun trust—also known an NFA (National Firearms Act) trust—is a revocable trust created to hold title to or ownership of firearms. A gun trust is organized under the laws of the state indicated in the trust agreement—which is usually the residence of the person creating the trust—also known as the grantor or settlor.
A gun trust is an independent legal entity and is the legal owner of the guns transferred to the trust or purchased by the trust. The trust agreement should name a trustee (person or entity) to manage the trust for the beneficiaries of the trust (often the grantor’s heirs). The trustee is often the grantor during the grantor’s lifetime.
A gun trust is revocable, and the grantor can revoke it or make changes to the trust agreement at any time before the grantor’s death. But at the grantor’s death the trust becomes irrevocable and a successor trustee (named in the trust) manages the trust for the individuals or entities named as beneficiaries.
Gun trusts are also referred to as NFA trusts because they are often created to own firearms subject to Title II of the federal National Firearms Act—including short-barreled rifles, short-barreled shotguns, machine guns, and suppressors. The definition of firearms subject to the NFA is in the United States Code (federal statutes) at 26 U.S.C. §5845.
A well-written gun trust has special rules and provisions to ensure the trustee and the beneficiaries do not violate the NFA, as there are serious potential consequences to violating federal gun laws—whether intentionally or accidentally. Violations may result in loss of the firearms, a prison term of up to 10 years, and fines up to $10,000.
In Texas, a gun trust, also known as an NFA trust, is a legal instrument designed to hold ownership of firearms, particularly those regulated under the National Firearms Act (NFA). The trust is established under Texas law and is managed by a trustee for the benefit of the beneficiaries, who are often the heirs of the grantor. The grantor, who is the person creating the trust, retains the ability to revoke or amend the trust during their lifetime. Upon the grantor's death, the trust typically becomes irrevocable, and a successor trustee takes over management duties. Gun trusts in Texas are particularly useful for holding Title II firearms, such as short-barreled rifles, short-barreled shotguns, machine guns, and suppressors, which are subject to strict federal regulations under 26 U.S.C. § 5845. These trusts include specific provisions to ensure compliance with the NFA to avoid severe penalties, including forfeiture of firearms, imprisonment, and fines. It is advisable for individuals considering a gun trust in Texas to consult with an attorney experienced in firearms law to ensure the trust is properly structured and complies with both state and federal regulations.
