foreign citizen in NFA trust?

D

Dust

New member
Been looking at doing an NFA trust, because I can't get a real answer on who will sign in Williamson County Texas. The problem I see is that my wife is a Japanese citizen, and cannot possess firearms related material. Can I leave something to her, and have it stored with my weapons, left to her in a will, in the US?
 
By marriage and living in the US your wife is an immigrant alien, whether she has a green card or not. It is only non-immigrant aliens that cannot own firearms, and even they can under certain circumstances.
 
Currently we live in japan, and I don't know if we will be coming back to the states (obamanomics, different thread). I want the can because we could do alot more shooting than we can now when I am in the states.
 
My homestead is also in Tx. You don't need anyone to sign off on your trust, all you have to do is get it notarized...I would recommend using a lawyer in Tx that specializes in NFA trusts...there are good folks on the boards here...some in San Antonio, Austin and Houston. Once you get one NFA goodie...you will want more...trust me, you will...therefore it would be worth your while to get your trust setup by someone competent that knows NFA law as well as Tx state law as it relates to estate planning.
 
I have been looking around, but it seems that dad doesn't want to mess with one. Been quoted $250 for a trust, but don't know what to put on it yet. And not knowing where I will be living, I don't really want to buy a can and trust to use 2 weeks a year.
 
If you do not reside in a us state, you cannot purchase a firearm, according to bureaucratic law, much less an NFA item.

that's the subject of a lawsuit pending under the 5th circuit.
 
I know this is almost a year old, but I will be heading back, and want to see if I can get the paperwork started. Does anyone know any NFA lawyers in the Austin or Wichita Falls area.
 
Dust:...The problem I see is that my wife is a Japanese citizen, and cannot possess firearms related material...
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US citizenship is not required to purchase firearms or ammunition under Federal or Texas law. (As long as she is not in the USA illegally)
 
By marriage and living in the US your wife is an immigrant alien, whether she has a green card or not. It is only non-immigrant aliens that cannot own firearms, and even they can under certain circumstances.
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Not necessarily true. To bring your spouse into the US as an immigrant, you must file a petition with the embassy.

While that's in progress, she can apply for a non-immigrant visa. But since she's a Japanese citizen, she can enter the US as a non-immigrant anyway, under the Visa Waiver Program. Either way, as a non-immigrant alien, she can be in possession of firearms and ammunition if she has a valid hunting license issued from a US state. (There are other possible ways for non-immigrants to posses firearms but they are far-fetched, such as having a waiver from the US Attorney General for example).

Bear in mind that "possession" can be just living in a house where firearms are kept, or being in the same vehicle, so you will want to make sure your wife can legally posses any firearms you intend to buy.
 
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