Formation of NFA Trusts

Sean P. Healy is experienced at drafting living trusts, for the purpose of owning suppressors, silencers, machine guns, and similar items regulated by the National Firearms Act. (See brochure on NFA Trusts).

When drafting an NFA Trust, you should consider the following:

  • Federal law allows NFA items to be owned by individuals, but also by trusts and business entities such as corporations.
  • Texas law also allows individuals to own NFA items.
  • An individual who wishes to own NFA items must obtain approval from the chief local law enforcement officer (CLEO). This is NOT required for a trust or corporation. In counties where the CLEO refuses to sign your Form 4, a trust or corporation is the only way you can own these items.
  • An individual who wishes to own NFA items must provide fingerprints and passport photos. This is NOT required for a trust or corporation.
  • Since March 29, 2012, the Texas Parks and Wildlife Commission has allowed hunters to use suppressors and silencers.
  • The Trustees of a trust are allowed to have possession and control of trust assets.

The NFA and other applicable gun laws have very technical requirements. Violations are punishable by up to ten years in prison and a fine of up to $250,000.00, per violation. You could also face forfeiture of the items, and in the event of a felony conviction, be permanently prohibited from possessing guns, ammunition, or components.

If your trust does not meet all the requirements of the laws of your state, it could be invalid. That means you and your friends and family may possess items regulated by the NFA, without authorization.

Your family and friends may not be familiar with gun laws. You must take steps to protect them from violating the laws.

We begin with the standard living trust for Texas, then add significant custom provisions to make it suitable for owning NFA items. You remain in complete control of the trust assets.

We also provide you with a form allowing you to appoint additional trustees, another form allowing you to remove any trustee, and another form allowing you to transfer additional property to the trust. This means you do not have to incur additional fees to get these things done at a later date.

Mr. Healy is a life member of the NRA, an NRA-Certified Instructor and Training Counselor, and a concealed handgun instructor. He has extensive involvement in the firearms rights area, as reflected on his resume.

The firm provides a wide variety of other legal services including civil litigation, representing businesses and nonprofit organizations, family matters, estate planning, aviation cases, and dispute resolution.

Contact us for experienced and knowledgeable representation. Call (903) 592-7566 or email