You can legally own a sawed-off shotgun in Texas, but only after you register it with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives under the National Firearms Act. Texas removed short-barrel firearms from its state prohibited-weapons list in 2023, so the hurdles are now entirely federal: file the right ATF form, pass a background check, and wait for approval before you take possession or cut a single inch off a barrel.
What Counts as a Sawed-Off Shotgun
Federal law draws the line by measurement. A shotgun with a barrel under 18 inches qualifies as a short-barreled shotgun, and so does any weapon made from a shotgun with an overall length under 26 inches or a barrel under 18 inches.1Office of the Law Revision Counsel. 26 USC 5845 – Definitions Factory-built or cut down in a garage, both are treated the same.
Texas Penal Code Section 46.01 uses matching numbers, defining a short-barrel firearm as a shotgun with a barrel under 18 inches or a weapon made from a shotgun or rifle with an overall length under 26 inches.2State of Texas. Texas Penal Code PENAL 46.01 – Definitions Nothing falls through a gap between the two definitions.
Texas Dropped Its State Ban in 2023
Short-barrel firearms used to appear on the Texas prohibited-weapons list. They do not anymore. The current version of Texas Penal Code Section 46.05 lists explosive weapons, machine guns, zip guns, and improvised explosive devices, but no longer short-barrel firearms.3State of Texas. Texas Penal Code Section 46.05 – Prohibited Weapons The removal took effect September 1, 2023.
That change does not open the door. It just means a legally registered short-barreled shotgun no longer carries a parallel Texas offense, and an unregistered one is still a federal felony. Federal compliance is the whole game now.
Register Before You Possess
The National Firearms Act requires every short-barreled shotgun to be entered in the National Firearms Registration and Transfer Record kept by the ATF.4Bureau of Alcohol, Tobacco, Firearms and Explosives. National Firearms Act Possession of an unregistered one is itself a federal crime, no matter how the gun ended up in your hands.5Office of the Law Revision Counsel. 26 USC 5861 – Prohibited Acts Registration happens before possession, never after. You cannot file paperwork to fix a gun you already have.
Which form you use depends on where the firearm is coming from.
Buying One: ATF Form 4
If you are purchasing a short-barreled shotgun from a dealer or another individual, the transfer runs through ATF Form 4, the Application for Tax Paid Transfer and Registration of a Firearm.6Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF eForms Applications The dealer files it electronically through the ATF’s eForms system. You submit fingerprints and a photograph, and the ATF runs your background check through the FBI’s National Instant Criminal Background Check System.7Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF and FBI Formalize Appeals Process for Certain National Firearms Act Applicants The firearm stays with the dealer until the ATF approves the transfer.
As of February 2026, the ATF reports average processing of about 10 days for individual Form 4 eForm applications and 26 days for trust applications.8Bureau of Alcohol, Tobacco, Firearms and Explosives. Current Processing Times Some take longer when additional research is needed or volume spikes.
Making One: ATF Form 1
Cutting down a shotgun you already own, or assembling one from parts, requires ATF Form 1, the Application to Make and Register a Firearm, filed and approved before any work begins.6Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF eForms Applications Fingerprints, a photograph, and the same background check all apply. Sawing first and filing later is a federal crime.
Cost
The making tax for a short-barreled shotgun under 26 USC Section 5821 is $0. The old $200 NFA tax now applies only to machine guns and destructive devices.9Office of the Law Revision Counsel. 26 USC 5821 – Making Tax If you buy through a dealer, expect a transfer fee on top, commonly $25 to $150 depending on the shop.
Who the ATF Will Turn Down
Federal law under 18 USC Section 922(g) blocks several categories of people from owning any firearm, NFA items included:10Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
- Anyone convicted of a crime punishable by more than one year in prison.
- Anyone convicted of a misdemeanor crime of domestic violence.
- Anyone subject to a qualifying domestic violence restraining order.
- Anyone who is an unlawful user of or addicted to a controlled substance.
- Anyone adjudicated as mentally defective or committed to a mental institution.
- Fugitives from justice.
- Anyone discharged from the military under dishonorable conditions.
Falling into any of these categories means your application will be denied at the background check. Lying on the form is its own separate federal offense.
Why Many Texans Use a Gun Trust
If a short-barreled shotgun is registered to you as an individual, only you can lawfully possess it. Handing it to a friend or relative while you step out could be treated as an unauthorized transfer. A gun trust solves that by naming multiple trustees who are each legally allowed to possess the registered firearm.
The tradeoff is paperwork. Under ATF Final Rule 41F, every responsible person on the trust has to undergo a background check, submit fingerprints on two FD-258 cards, and complete ATF Form 5320.23 every time the trust applies to make or transfer an NFA item.11Bureau of Alcohol, Tobacco, Firearms and Explosives. Background Checks for Responsible Persons (Final Rule 41F) Responsible persons include the grantor, all trustees, and any beneficiary with authority over the trust’s firearms. More names on the trust means more paperwork with every application.
Parts Count Too: Constructive Possession
You do not have to assemble a short-barreled shotgun to be charged with having one. Federal courts apply a doctrine called constructive possession: owning all the parts needed to build an unregistered NFA firearm, with no other lawful purpose for that combination, can support a charge even if nothing is put together. The ATF looks at factors like how closely the parts are stored, whether you have a registered receiver that could lawfully use them, and your purchase history.
If you own a shotgun and a short barrel that would bring the gun below 18 inches, keep an approved Form 1 on file or a documented lawful reason to possess that barrel separately. Unregistered parts next to a compatible firearm is the kind of situation that draws federal attention.
Taking It Across State Lines
Moving a registered short-barreled shotgun around inside Texas does not require any special notice. Crossing a state line does. Before you transport one to another state, file ATF Form 5320.20, the Application to Transport Interstate or Temporarily Export Certain NFA Firearms, and wait for approval.12Bureau of Alcohol, Tobacco, Firearms and Explosives. Application to Transport Interstate or Temporarily Export Certain National Firearms Act NFA Firearms ATF F 5320.20 The form captures the firearm’s details, origin and destination addresses, travel dates, and method of transportation.
Temporary trips use a specific date range and assume the firearm returns to its registered address. A permanent move needs to be marked as such on the form. Transporting an NFA firearm across state lines without ATF approval is a federal offense, even when the destination state allows short-barreled shotguns.
What You Risk by Skipping the Process
Possessing an unregistered NFA firearm, transferring one outside the proper process, making one without prior approval, or any other NFA violation can carry up to 10 years in federal prison, a fine of up to $10,000, or both.13Office of the Law Revision Counsel. 26 USC 5871 – Penalties These are federal charges, and Texas’s friendlier stance on short-barrel firearms does nothing to soften them.
Prosecutors do not need to show you knew the firearm was subject to NFA regulation. A shotgun with a barrel under 18 inches and no registration is enough. The ATF can also seize and forfeit any NFA firearm involved in a violation. File the paperwork first, wait for the stamp, and then take possession or pick up the saw.