Texas NFA Gun Trust Attorneys



Texas NFA Gun Trust Attorneys – Texas Gun Trust

Texas NFA gun trust attorneys can help you in the process of setting up a trust in Texas. Have you ever wondered about how to start a gun trust in Texas ? A Texas gun trust can provide you with the protections as outlined in the National Firearms Act giving you the ability to own and possess otherwise illegal NFA weapons. Continue reading to learn more about how to get a gun trust in Texas and protect your gun collection.

This revocable trust gives you the ability to legally share your NFA weapons with friends and family members without breaking the law and gives your the flexibility to add successor trustees. Learn more about the benefits of having a firearms trust in TX.

Sometimes referred to as a Texas NFA trust, this legal instrument makes it possible to own and make NFA items in all states where such items are legal. Attorney drafted trust can offer you the peace of mind of knowing that your Texas gun trust has been prepared by a licensed legal professional in your state.

Having a Texas gun trust attorney create your trust is not the only option available. If you are confident in your abilities to follow instructions and simply fill in the blanks, a do it yourself gun trust may be a more affordable option and afford you more privacy.

Are Do It Yourself Gun Trust Legal In Texas ?

Texas gun trust cost can be minimal if you go with a DIY trust. These trust are just as legally binding as one created by an attorney and the step by step instructions are clear and easy to follow.The cost savings are significant and well worth your time.

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What types of weapons are considered NFA Firearms in Texas ?

NFA items include fully automatic firearms, short barrel shotguns, and short barrel rifles. Other NFA items may be sound suppressors, destructive devices or weapons known as AOW (any other weapon). You will find a brief explanation below.

Short Barreled Rifles – SBRs Texas Law

This type of rifle has an overall length of less than 26 inches and a barrel length of less than 16 inches. If a folding type stock is attached to the firearm, the measurement is taken with the stock extended and locked in an open position. Simply adding a stock to a handgun can in many circumstances instantly cause it to be reclassified as an SBR under both federal and Texas SBR laws.The laws can be complicated about how to own a SBR in Texas.

Removing the butt stock from a rifle and adding a pistol grip in Texas may also be cause for reclassification under federal law. Remember that it is best to know how to own a SBR in Texas before actually purchasing one.

Being in possession of such a firearm without the proper BATFE registration paperwork and NFA tax stamp may constitute a felony under federal law and also Texas SBR Laws. There are however some rifles manufactured before 1934 that may be exempt from these laws. Visit this page for more information on Curios and Relics.

Are Short-Barreled Rifles Legal In Texas ?

Short barreled rifles are legal for Texas residents to own and use provided the proper ATF paperwork has been filed, payed for, reviewed by and approved by the ATF. You may even construct your own short Texas SBR Tax Stampbarreled rifle if you follow applicable law as outlined at the BATFE website. ATF Form 1 is required. By placing your firearm in a gun trust you can bypass having your CLEO having to sign off on the purchase. The standard fee associated with the Form 1 is $200. Penalties for not abiding by the law may be a maximum of 10 years imprisonment and upto a $250,000 fine. Be sure your SBR is legally registered and that all proper fees have been paid.

Machine Guns – Purchasing a Machine Gun In Texas

Machine guns are defined as any firearm that can fire more than 1 shot per trigger pull. In many states machine guns are legal to own, however, once again the proper registration and tax stamp must be applied for and in your possession before you take ownership of the weapon. Being in possession of such a gun without the Texas automatic weapons license may be a felony.

Are Machine Guns Legal To Own In Texas?

Machine guns a.k.a. fully automatic weapons are legal for Texas residents to own providing they were manufactured on or before 5/19/1986. All machine guns must be registered with the ATF and placing them within a gun trust is a good way to own one and to be able to allow others to enjoy the thrill that comes with ownership.

The ATF fee or tax for owning a machine gun is $200.00. You must be sure to apply for and receive your tax stamp before taking ownership of a full auto weapon. The requirements for ownership are about the same as buying any other type firearm.

Short Barreled Shotguns – SBS Texas

Short barreled shotguns are defined as having a smooth bore and an barrel overall length of 18 inches or less and a minimum overall length of 26 inches. Short barrel shotguns are often referred to as sawn off shotguns, however that is not necessarily true. SBSs can be readily obtained new by purchasing from many firearms manufactures. Being in possession of an NFA weapon such as an SBS without the proper paperwork and tax stamp is a felony.

Muzzle loading, black powder, short barrel shotguns are exempt under federal law, however, your states laws may deem them to be illegal. Be sure to check your states laws as to the legalities of owning and purchasing.

Do I Need A Texas Gun Trust For Suppressor ?

A suppressor is any device attached to a firearm be it a rifle or pistol that lowers or muffles the report of a firearm. If you intend on owning a suppressor, a Texas gun trust is a great way to share the use of the suppressor with others.

Suppressor

Sound suppressor.

Some people confuse a flash suppressor with a sound suppressor. A flash suppressor requires no registration or tax stamp. Flash suppressors do nothing more than cool and disperse burning gases exiting a barrel without dampening the sound.

Are Silencers Legal In Texas ?

The State of Texas allows its residents to own silencers for multiple purposes. In Texas a resident may use a silencer while hunting, sport shooting, home defense or any other lawful purpose including personal protection. You may own a firearm suppressor in Texas so long as your legally able to do so and the proper tax stamp has been applied for, payed for, and issued by the ATF.

Dis-qualifiers for ownership include being a convicted felon, under investigation for family violence or having been diagnosed with having mental illness. Suppressor purchase will required a NCIS background check.

Is It Illegal To Make A Suppressor ?

If you have the proper NFA Suppressor stamp it is legal to make a homemade suppressor. Your suppressor may then be transferred into your Texas gun trust.

Destructive Devices

The National Firearms Act states that destructive devices include bombs, grenades, modern day artillery , chemical weapons and non-sporting firearms with a bore size over 0.50 inches. Although such firearms as the 12 gauge shotgun may have a bore in excess of 0.50 they are exempt from Texas NFA laws because they do have a generally accepted sporting purpose. Being in possession of a DD without the proper paperwork and tax stamp is a felony.

Any other weapon or AOW

This is a highly encompassing and complex category. Simply attaching a vertical grip to a pistol that has a rail will constitute your having made an AOW in the eyes of the Bureau of Alcohol Tobacco and Explosives (BATFE). Other examples include firearms disguised to look like something other than a firearm, such as a cell phone gun, wallet gun, or a flashlight gun. Short barreled shotguns that come from the factory with a pistol grip will be considered an AOW under federal law.

Excluded items include firearms built prior to 1898 and do not use conventional ammunition. Owner ship of Title II weapons is not illegal however one must have the proper paperwork and tax stamp to be in possession of such devices.

ATF Rule 41F

As of July 13, 2016 the ATF requires that all responsible persons who are to be placed on the trust to submit fingerprints and a 2×2 photo when submitting a Form 1 or Form 4. You must also submit the “Responsible Person Questionnaire” Rule 41 F placed new guidelines on the manufacturing and transferring of NFA items and was placed into effect by the Obama administration.

Your fingerprints may be taken by any business or government agency that is equipped to take fingerprints. Be sure any business you may use, utilizes the proper fingerprint card. The card number is FD 258.

Some of the benefits of a Gun Trust include not having to wait on your chief law enforcement officer (CLEO) to sign off on your purchases. There is also no fingerprint submission required when purchasing a firearm through your trust and it affords you more privacy when making purchases.

Contact any of the Texas gun trust lawyers listed below to learn more about how to set up a trust or create your own totally legal DIY Texas NFA Trust at a fraction of the cost !

Don Mills, Attorney at Law

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