Frequently Asked Questions



Creating your Gun Trust is easy with Texas Gun Trust.
We created an easy to follow information form that has detailed explanations to guide you through the process. As soon as you submit your information, we will review your answers to make sure everything looks good. Within a few hours (usually about 20 minutes), you will receive your new Texas Gun Trust along with a packet of directions explaining what you need to do next, as well as Answers to FAQ’s on the ATF Application process.
Create your Texas Gun Trust now and it won’t be long before you’re at the range using your new suppressor, SBR, or machine gun!
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Will I receive my Texas Gun Trust automatically?
No Way! Texas Gun Trust reviews all of your information before creating your trust.
The ATF Application process is extremely unforgiving and even the smallest mistake can cause your application to be delayed or denied.
You have to get everything right the 1st time!
Unlike other gun trust providers, Texas Gun Trust reviews every single answer you provide on your Information Form. You’ll get your Texas Gun Trust only after we are 100% positive that everything looks perfect. Usually, it takes us about 30 minutes to review all of the answers on an Information Form. The amount of time it takes us to finish your trust depends on how many forms we are reviewing at that time. That means it may only take 30 minutes, but it can take up to several hours. No matter what, we guarantee same day delivery.
We don’t go to bed until every Texas Gun Trust has been reviewed, created, and delivered.
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What is the process for buying a Silencer?
Here is a quick walk-through of the steps:
1. Create your Texas Gun Trust
When you buy a Title II Firearm (SBR, SBS, Silencer, Machine Gun, etc.) you have to get permission from the ATF before you can legally be in possession of the Firearm. To get permission, you fill out the ATF Form 4 Application. You can either apply as an individual or as a Gun Trust. You definitely want to apply as a Gun Trust. So, click here to create your Texas Gun Trust.
2. Purchase your Silencer from a Class 3 Firearms Dealer
Find a Class 3 Dealer in your area. Remember: If you don’t use a Class 3 Dealer located in Texas, you will have to get the Silencer transferred to a Texas Class 3 Dealer before you can proceed.
3. Fill out your Silencer Application
The application is called the: ATF Application for Tax Paid Transfer and Registration of Firearm (Form 5320.4), which is more commonly called the ATF Form 4.
The best bet is to fill out your Form 4 using the Texas Gun Trust ATF Application System. That way you can skip over all of the really confusing ATF directions.
You will fill out three copies of the application, 2 copies for the ATF and one copy for your Chief Law Enforcement Officer (CLEO)
4. Have your Firearms Dealer fill out their portion of your Silencer Application
The Form 4 application has a section that asks for your Firearms Dealer’s information. You can get the info from your Dealer and enter it on the application yourself, or you can bring the application to your Firearms Dealer and have them enter the information. Either way, your Firearms Dealer is required to sign the application.
5. Fill out the Background Check paperwork
The Form you need to fill out is called the National Firearms Act (NFA) Responsible Person Questionnaire (Form 5320.23), which is more commonly known as the ATF Form 23.
You will fill out two copies of the background paperwork, 1 copy for the ATF and one copy for your Chief Law Enforcement Officer (CLEO)
Remember: All of your Co-Trustees have to fill out a Form 23.
6. Take a picture.
Every “Responsible Person” has to attach a passport style photograph to the Background Check paperwork.
7. Get Fingerprinted.
All “Responsible Persons” have to submit 2 copies of their fingerprints with your Silencer Application. The fingerprints must be printed on the FBI (FD-258) Fingerprint Cards, which are available at most law enforcement agencies. You can also order FD-258 cards from the ATF.
Note: Fingerprints must be taken by a qualified law enforcement agency.
8. Review, Review, then Review again
Even though Texas Gun Trust makes the Silencer Application process way easier, you need to double check everything. Make sure you have all of your paperwork completed properly and thoroughly.
9. Submit your paperwork to the Chief Law Enforcement Officer (CLEO)
– 1 copy of the Silencer Application, and
– 1 copy of the Background Paperwork
10. Submit your paperwork to the ATF
– 2 copies of the Silencer Application,
– 1 copy of the Background Paperwork,
– 1 copy of your Texas Gun Trust,
– Payment of $200
We know the process sounds confusing, but have no fear. When you use the Texas Gun Trust ATF Application System everything makes perfect sense and your Applications will never get delayed.
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How many Co-Trustees can I have on my Texas Gun Trust?
As many as you want!
There’s no limit to the number of Co-Trustees or Beneficiaries you can have in your Texas Gun trust. And, because your Texas Gun Trust is able to be revised, you can add & remove Co-Trustees as many times as you want. Be careful when choosing which Gun Trust company you want to use, as some of the other companies charge a premium to have Co-Trustees or limit you to 1 Co-Trustee.
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Can I put my personal firearms into my Texas Gun Trust?
Absolutely!
One Gun Trust is all you ever need! Once you Create your Gun Trust, you can use it for both your NFA Firearms (Title II) and your personal (Title I) firearms collection. Giving your personal firearms to your Texas Gun Trust gives you the opportunity to decide who gets your firearms when you die, as well as completely eliminating the probate process normally associated with firearms collections. Eliminating probate will save your family thousands of dollars in lawyer fees and court costs. Even if you never buy a single NFA Firearm, creating a Gun Trust for your personal firearm collection is a really smart estate planning technique.
Additionally, giving your personal firearms to your Texas Gun Trust is a great way to fund your trust. Funding is when you give your trust some type of property. If your trust doesn’t own any property it isn’t funded, which means it isn’t valid. Putting your personal firearms into your Gun Trust is not only OK, but it is what we recommend to all of our customers.
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Can I use my Texas Gun Trust more than once?
Absolutely!
One Texas Gun Trust is all you ever need! As soon as you Create your Texas Gun Trust, you can use it for every NFA Firearm you purchase or build.
Additionally, you can use your Texas Gun Trust for your personal firearms collection. When you give your personal firearms to your Texas Gun Trust, you get to choose who will inherit the firearms when you die. And, your firearms won’t have to be involved with the costly & time-consuming probate process.
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Can a Gun Trust be Perpetual (last forever) in Texas?
NO!
And if anyone tells you differently, they don’t know what they are talking about!
Sec. 112.036. of the Texas Trust Code (known as the Rule Against Perpetuities), states that no trust can last longer than the life of the person that created the trust + 21 Years. Most states have moved away from this ridiculous rule, allowing Gun Trusts to last much longer. Unfortunately, Texas is hanging on to the old law for now.
Note: Beware of companies that claim their Gun Trusts are perpetual or indefinite. Texas law limits how long your trust can last, regardless of what is written in the Gun Trust.
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What are the ATF Forms..? This is so confusing!
There are many different ATF Forms… and they can seem really confusing at times. To make matters worse, every form has a ton of abbreviations, acronyms, slang terms, and aliases, which can make them seem even more confusing.
As if the NFA Firearms (Title II) process isn’t confusing enough, the majority of the forms, applications, licenses, and other documents have 3 or 4 commonly used names. SO here is a quick guide to keep you from getting confused:
Application to Purchase a Silencer or SBR
Most Commonly known as a Form 4
Every time you purchase an SBR, SBS, Silencer, Machine Gun, Destructive Device, or AOW (Any Other Weapon), you have to fill out an application and submit it to the ATF. The official name of the Application is Application for Tax Paid Transfer and Registration of Firearm. Naturally, as the ATF is a giant SNAFU of bureaucracy, they assign a nonsensical number to every form they create. The number assigned to the Application for Tax Paid Transfer and Registration of Firearm is Form 5320.4. As, with most of the ATF Forms, people most commonly reduce the name to include only the number(s) that follow the ‘.’ In this case we end up with Form 4
Tax Stamp
Another commonly used term is Tax Stamp, which refers to an approved Form 4. The Tax part of the name refers to the $200 Application fee, which is actually a special tax that is assessed and regulated by the IRS. The Stamp part of the name refers to the giant postage-style stamp that gets affixed to the upper right corner of your approved Application. Even though Tax Stamp really only fits when you are talking about an Approved Form 4, it is very common to hear people refer to the Form 4 as the Tax Stamp Application.
Some of the terms that are synonymous with Application for Tax Paid Transfer and Registration of Firearm are:
Form 4,
Tax Stamp Application,
Form 5320.4,
Silencer Permit,
NFA Permit, and
Title II Permit
Application to Manufacture a Silencer or SBR
Most Commonly known as a Form 1
Every time you build an SBR, SBS, Silencer, Machine Gun, Destructive Device, or AOW (Any Other Weapon), you have to fill out an application and submit it to the ATF. The official name of the Application is Application to Make and Register a Firearm. As with the Form 4, the Form 1 has its own ATF Form Number. The number assigned to the Application to Make and Register a Firearm is Form 5320.1. As, with most of the ATF Forms, people most commonly reduce the name to include only the number(s) that follow the ‘.’ In this case we end up with Form 1
Some of the terms that are synonymous with Application to Make and Register a Firearm are:
Form 1,
SBR Tax Stamp Application,
Form 5320.23,
SBR Permit,
NFA Manufacturing Permit, and
Title II Manufacturing Permit
Background Questions
Most Commonly known as a Form 23
Every time you purchase or manufacture an SBR, SBS, Silencer, Machine Gun, Destructive Device, or AOW (Any Other Weapon), you have to fill out an application and submit it to the ATF. The official name of the Application is the National Firearms Act (NFA) Responsible Person Questionnaire. Just like the other ATF Forms, the Form 23 has its own ATF Form Number. The number assigned to the National Firearms Act (NFA) Responsible Person Questionnaire is Form 5320.23 Just like the other ATF Forms, people most commonly reduce the name to include only the number(s) that follow the ‘.’ In this case we end up with Form 23
Some of the terms that are synonymous with National Firearms Act (NFA) Responsible Person Questionnaire are:
Form 23,
Background Check Application,
Form 5320.23,
Responsible Person Form,
ATF Background Permit, and
Title II Background Permit
Application to Travel with your NFA Firearms
Most commonly known as a Form 20
Any time you are going to travel across state lines with your NFA Firearms, you need to fill out an application and submit it to the ATF. The official name of the Application is the Application to Transport Interstate or to Temporarily Export Certain National Firearms Act (NFA) Firearms. The Form 20 has its own ATF Form Number, which is Form 5320.20. People most commonly reduce the name to Form 20.
Note: You do not have to fill out the Form 20 to travel with a Silencer, but you need to make sure it’s legal to possess your Silencer in the state that you’re visiting.
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