We advise our clients that they should always have a copy of the ATF tax stamp for each NFA firearm in their possession, a copy of the NFA gun trust if the firearm is owned by a trust, and their Texas driver’s license.

Federal law requires a person possessing a registered NFA firearm to retain proof of registration for each NFA firearm, which must be made available to the ATF upon request. 26 U.S.C. § 5841(e). The proof of registration is the ATF tax stamp which shows the serial number of the firearm and the name of the person or entity to which it is registered. In the unlikely event that an ATF agent were to ever knock on your door and request to see your proof of registration for your NFA firearm, you would be required to do so under Federal law.

Under Texas law, it is a third degree felony to intentionally or knowingly possess, manufacture, transport, repair, or sell an unregistered “firearm silencer,” “short-barrel firearm,” or “machine gun.” Tex. Penal Code § 46.05(a),(e). In the event that a Texas law enforcement officer (e.g., police officer, sheriff, state trooper, or game warden) observed you in possession of an NFA firearm while hunting, travelling, or at the shooting range, and he or she requested to see your proof of registration for your NFA firearm, what are you required to do?

There is no Texas law that requires you to have proof of registration on your person when you have a NFA firearm in your possession. However, it is a felony to be in possession of an unregistered NFA firearm. How is the law enforcement officer going to know whether your NFA firearm is registered or not?

We never want our clients to “take the ride” to jail, only to have to prove later that they were in legal possession of their NFA firearm. Instead, we advise our clients to have the documents on their person to prove that the NFA firearm is registered and legally in their possession.

We advise our clients that they should always have a copy of the ATF tax stamp for each NFA firearm in their possession, a copy of their Texas NFA gun trust if the firearm is owned by a trust, and their Texas driver’s license. Any person who was added as a trustee should carry all of the same documents as well as a copy of the document adding him or her as a trustee.

The ATF tax stamp identifies the registrant (such as an individual or an NFA gun trust) and the make, model, and serial number of the registered NFA firearm. If the registrant is an individual, the registrant can produce his or her driver’s license or other acceptable form of identification to prove that he or she is the registrant. However, if the registrant is an NFA gun trust, the person in possession of the NFA firearm may need to prove that he or she is a trustee of the NFA gun trust. Once the person proves that he or she is a trustee of the NFA gun trust listed on the ATF tax stamp, the person can produce his or her driver’s license or other acceptable form of identification to prove that he or she is the trustee identified in the NFA gun trust.

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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