Many of our clients want to know whether they should assign their non-NFA firearms to their Texas NFA gun trust. The short answer is “it depends.” We have listed a few reasons why you should consider assigning your non-NFA firearms to your gun trust.

First, it depends on how many non-NFA firearms you have. We regularly advise clients that if you have only a few firearms, five or six, then those firearms will likely be distributed “under the radar” to your family. But if you have a significant collection, it is best to formally take care of that collection by assigning your guns to your gun trust.

Second, if you have very valuable items, like a nice Krieghoff K-80 set, or very sentimental items, like your great-grandfather’s musket, it is a good idea to assign these to the gun trust to keep them in the family as long as possible. If they are not in your trust, then they may be listed on your probate inventory in court, open to the public, and available to be sold to pay creditors.

Third, if you are at the stage in life where you are making more detailed decisions about your estate, then it is time to put your non-NFA firearms in the trust. You can still give them away to family or friends when the firearms are in the trust, but it makes it much easier for your family to deal with the remaining firearms if they are held in your gun trust.

Fourth, some people are assigning what the media refers to as “assault rifles” to their gun trusts. AR-15’s and AK-47’s are on the media’s hit list of firearms that they do not like. There has been some talk of banning the future transfer of these types of firearms. It may be a good time to assign these types of firearms into your trust, which may help avoid the negative effects of the next round of legislation.

Fifth, if you are single, you may want to document your separate property. If you are single and you have a significant collection of firearms, it may be a good idea to assign your non-NFA firearms to your gun trust. In Texas, there is no system of registration for firearms, so listing them on an assignment form showing that they were assigned to the gun trust on a certain date may be one of the few ways you can prove that they were held as separate property before you got married. This might become important in the future if your spouse attempted to claim a community property interest in your gun collection in the event of divorce.

Would you like to have the peace of mind that comes with knowing that you received a high-quality Texas NFA gun trust from a Texas attorney who is recommended by several of the largest and most successful Class 3 dealers in the United States? Let’s get started!

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