who gets my silecer when i die

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dannyr3_8

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what kind of arrangment should i make for my suppressor in case something happens to me can my wife keep it or does it go to the goverment is she in possesion of an illeagal suppressor what happens ?
 
I believe that unless she is a "prohibited person" (domestically violent, felon, drug addict, radical, etc), you can simply will it to her. She'll have to do the NFA transfer thing when the time comes, but as an heiress she won't have to pay the $200 tax.
 
I may be wrong but here what I think I may know:

There is a form 5, it is for transfer to a heir. The transfer is only $5. I don't know if the wait is similar to a form 1 or 4.

Some one will be along shortly to confirm, deny, or elaborate on this. Or even say I'm waaaaaay off base and provide the accurate info.
 
AFAIK...

If the NFA firearm is obtain via individual, the executor of the estate will take temporary possession of it for safe keeping, until it can be legally transfered to another party.
-If the NFA firearm is listed on the will to be passed to a non-prohibited person, then it will be transfered via Form 5 (no tax stamp needed) to the heir.
-If the NFA firearm is not listed on the will or there is no will, then it will be transfered via Form 4 ($200 tax stamp) to a non-prohibited person or transfered via Form 5 to a LE agency or to a FFL/SOT dealer.

If the NFA firearm is obtain via Trust/Corporation, then other officers listed on the Trust/Corporation can take possession of it.
-If there are no living non-prohibited persons listed on the Trust/Corporation, then the executor of the estate will dispose of it the same method as mention previously for an individual.
 
Revised - 2/23/06

Who We Are

The National Firearms Act (NFA) Branch of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) maintains the National Firearms Registration and Transfer Record (NFRTR) and processes applications and notices associated with the manufacture, registration, transfer, and transportation of NFA firearms. The NFA Branch assists registrants of NFA firearms and members of the firearms industry in complying with Federal law and regulations regarding the possession, movement, and transfer of NFA firearms; reports of loss or theft of an NFA firearm or registration document; and other issues regarding changes concerning NFA firearms registration. This brochure provides information frequently requested from the NFA Branch.

Information relating to the NFA and other firearms laws is available at the ATF Internet website at http://www.atf.gov/. Certain NFA forms are also available at the ATF Internet website for downloading.

Acquiring NFA Firearms

All NFA firearms that are not in possession or control of the United States government must be registered. Possession of an unregistered NFA firearm is a violation of Federal law and subjects the possessor to possible criminal prosecution and the seizure and forfeiture of the firearm.

Individuals not otherwise prohibited by Federal, State, or local law may lawfully acquire an NFA firearm in one of three ways:

A registered owner of an NFA firearm may apply to ATF for approval to transfer the firearm to another person residing in the same State or to a Federal firearms licensee in another State;
An individual may apply to ATF for approval to make and register an NFA firearm (except for a machine-gun); or
An individual may inherit a lawfully registered NFA firearm.

NFA Firearms in Estates

The executor of an estate that includes registered NFA firearms is responsible for maintaining custody and control of registered NFA firearms and for arranging for transfers of the firearms. The executor should take this action as soon as possible, generally by the close of probate. However, ATF will allow the executor reasonable time to arrange for the transfer of the registered firearms in a decedent’s estate.

Firearms may not be transferred to another party, such as a Federal firearms licensee, for consignment or safekeeping. This is a transfer, which is subject to the requirements of the NFA and must be approved by ATF; however, a licensee may assist the executor by identifying purchasers and by acting as a broker.

If the registered firearms are to be transferred to a lawful heir (beneficiary), the transfer from the estate is made on a tax-exempt basis. A lawful heir is anyone named in the decedent’s will or, in the absence of a will, anyone entitled to inherit under the laws of the State in which the decedent last resided. The executor would apply on ATF Form 5, Application for Tax Exempt Transfer and Registration of a Firearm for the transfer to a lawful heir. The executor signs the application as the transferor, representing the estate. An NFA firearm may be transferred directly interstate to a beneficiary of the estate. When an NFA firearm is being transferred to an individual heir, his or her fingerprints on FBI Forms FD-58 must accompany the transfer application. If any Federal, State or local law prohibits the heir from receiving or possessing the firearm, ATF will not approve the application.

If the registered firearms will not be transferred to a beneficiary, with certain exceptions, the transfer from the estate is subject to the transfer tax. ATF Form 4 is used to apply for the tax-paid transfer of a serviceable NFA firearm to a person outside the estate. ATF Form 5 is used to apply for the tax-exempt transfer of an unserviceable NFA firearm to a person outside the estate or for the transfer of a serviceable NFA firearm to a government agency. As noted above, all requirements, such as the fingerprint cards for transfers to individuals and compliance with State or local law, must be met before an application may be approved.

If an NFA firearm in the estate was imported for use as a “sales sample,” this restriction on its possession remains. An NFA firearm with this type of restriction can only be transferred to a government agency or a Federal firearms licensee who has paid the special (occupational) tax to deal in NFA firearms.

If there are unregistered NFA firearms in the estate, the firearms are contraband and cannot be registered by the estate. The executor of the state should contact the local ATF office to arrange for the abandonment of the unregistered firearms.

Moving Registered NFA Firearms Interstate

Individuals other than qualified Federal firearms licensees must obtain permission from ATF prior to temporarily or permanently moving a machine-gun, short-barreled shotgun, short-barreled rifle, or destructive device interstate. To obtain permission to move these firearms, please submit to ATF either a letter requesting permission to move them or an ATF Form 5320.20, Application to Transport Interstate or Temporarily Export Certain NFA Firearms. This form is available at the ATF Internet website or may be obtained by contacting the NFA Branch. If you are submitting the request by letter, please include the:

• Name of registrant;
• The firearm(s);
• The current location of the firearm(s);
• The location to which the firearm(s) will be transported;
• The date(s) and means of transportation (car, plane, boat, etc.); and
• The reason the firearm is being moved.

Please also indicate in the letter whether: (1) the move is temporary or permanent; (2) the move will involve a transfer of the title; and (3) whether the possession of the firearm will violate local or State law at the destination. The ATF Form 5320.20 includes these requirements. Requests for interstate transportation will be denied by ATF if possession of the firearm at the destination will violate State or local law.

Registrants do not have to obtain permission from ATF to move a silencer or “any other weapon” interstate. However, if a registrant’s address for these types of firearms changes after registration with ATF, please notify the NFA Branch in writing of the new address, so the NFRTR can reflect the registrant’s correct address.

Moving Registered NFA Firearms Intrastate

Registrants are not required to obtain permission from ATF to move NFA firearms within their State of residence. However, if a registrant’s address changes after the NFA firearms are registered with ATF, please notify the NFA Branch in writing of the change so the NFRTR can reflect the registrant’s correct address.

Storage of NFA Firearms

To avoid unauthorized transfers, registrants must store NFA firearms so that no one else has access to them. Firearms may be stored at locations other than the address on the firearm registration form, such as a safe deposit box. However, unless the registrant is a Federal firearms licensee who has paid the special (occupational) tax to import, manufacture, or deal in NFA firearms, the NFA Branch should be notified in writing of the new storage location.

Lost or Stolen NFA Firearms

Upon discovering that a registered NFA firearm has been stolen or lost, the registrant is required to immediately notify the NFA Branch of the theft or loss and provide the following information:

The name and address of the person to whom the firearm is registered;
The lost or stolen firearm, including the model, manufacturer, caliber or gauge, and serial number; and
The date and place of the theft or loss, including details of the situation.
Federal firearms licensees must report the loss of theft of their firearms inventory to both ATF and local law enforcement authorities within 48 hours of the discovery of the incident. Please contact ATF at our 24-hour, 7-day-a-week, toll-free hotline number, 1-800-800-3855. Within the 48-hour period, the licensee must complete and file with ATF an ATF Form 3310.11 (Federal Firearms Licensee Theft/ Loss Report). Licensees should provide their license number and the ATF representative will, in turn, issue an incident report number that must be documented in the licensee’s records. This form is available on the ATF Internet website.

Lost or Stolen Registration Documents

Upon discovering that a registration document has been stolen, lost, or destroyed, the registrant is required to immediately report the theft, loss, or destruction in writing to the NFA Branch. The report must contain the details of the situation. ATF will issue a duplicate copy of the registration document as circumstances warrant.

Changes to the Description of a Registered Firearm

When there is a change in the configuration of or a modification to a registered firearm, the registrant should notify the NFA Branch in writing so that the NFRTR can reflect the accurate description of the firearm.

Status Inquiries

Any inquiry relating to the status of an application to make or transfer an NFA firearm should be directed to the NFA Branch. Be aware that NFA registration information is classified as tax return information and any release by ATF is severely restricted. In general, only the applicant is entitled to the information.

How to Contact Us:

You may contact us at:

244 Needy Road
Martinsburg, WV 25405

Phone: 304 616-4500
Fax: 304 616-4501

Hours: 8 a.m. to 5 p.m. Monday through Friday (except federal holidays)
 
Do you need to list each NFA item specifically, or can your will just say you bequeath all your NFA items to a particular person? It'd suck to have to update your will every time you get another can, SBR, DD, etc.
 
Just FYI. My will, drafted by my attorney, states that my guns (all guns, sorry dprice3844444) shall be given to my two children. This includes all NFA firearms. They will each pick one weapon, then the other will pick one, until they are all picked or neither wants the remaining firearms, which shall be sold as the executor directs, and the remaining funds shall be equally divided between the children. My wife has no desire to own any of my firearms.

You pick now what you want to happen to your guns. Be sure you have a will and be sure everyone is on board with your wishes before the need arises.
 
Could this be a possible 'loophole' in the NFA regs? Why can't a dealer claim someone the heir to a suppressor, and pass it on to them without the $200 stamp?

Does the person have to die to hand something to an 'heir'?

I'm sure this is not a loophole, and not possible. But I am curious..

- TNG
 
NOTE that in the BATFE statement, "NFA firearm" means any item regulated under the National Firearms Act, which includes suppressors (silencers); short barrel rifles; short barrel shotguns; "any other weapons", as defined in the law and regulations; "destructive devices", again as defined in the law, which includes bombs, grenades, explosive shells, etc. So when BATFE uses the term "firearms" they don't mean just some guns.

Sorry, Next Generation, but you have to die before that type of transfer comes into effect. I don't know a about undead zombies, but if the case ever comes up, I am sure BATFE will write a regulation.

Jim
 
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I'm still looking into this but I believe a Trust is a better way to go with guns especially NFA.
 
TRUST TRUST TRUST!

That is what they do! You can get your trust like I got mine too, where my wife is a trustee. She doesn't have to do a thing when I die but take my name off of it. I can also leave stuff to other people, but they have to either get their own trust or jump through the hoops. As I understand it, it goes to a dealer until they complete the transfer, kind of like how a lawyer would administer a trust or will. This is what will happen if, say, we both died and it went to my friend, but if I die my wife is fine with respect to this.

DO NOT get one from a diy site. Or even just a regular trust attorney. You NEED one that understands this stuff. Likely they will use a very similar template, but still. Mine was as gun nut and has NFA items himself. I can tell for a fact that there is no way that a regular property trust or diy trust is even close to what I have.

Here you don't want to save a little coin, do it right.
 
Could this be a possible 'loophole' in the NFA regs? Why can't a dealer claim someone the heir to a suppressor, and pass it on to them without the $200 stamp?

Does the person have to die to hand something to an 'heir'?

I'm sure this is not a loophole, and not possible. But I am curious..

- TNG
If you get an NFA trust you don't have to deal with that either. It will supersede the will from what I'm told with regards to firearms.

My attorney also deducts the $500 we spent on the trust from a complete estate plan. Not bad. You can also get the stripped down version for $250, but I like the flexibility of the one I have. I got mine in Bellevue or Kirkland, NW Gun Law Group.

It also will distribute the non-NFA items as well, and helps prevent "accidental felonies" such as letting someone else use the suppressor who isn't actually legal. You make them beneficiaries, you can add or remove them as you please. You should look into it. It REALLY made buying a suppressor easy, almost as easy as a handgun or rifle.


***Sorry, I meant to respond to medalguy, but the NW Gun Law Group thing, that is for the Next Generation.***
 
Keep in mind , if you already own NFA items , and then do the trust , it is another $200 transfer each to move them into the trust.
 
A will, once it's probated, is a public record. Therefore, it might not be a good idea to list guns in it individually or by serial number. (And, after all, your holdings might change between now and the time you die.) Personally, I wouldn't even mention "guns" by name at all. The important thing is ascertaining the heir (or heirs), and that can be done through the "residual clause" in the will. You can specify that the legatee of the "rest and residue" of your estate, after carving out certain named assets, would be your spouse, your children, or whomever. If there are several items in the residual category (the guns and other things), and several legatees, you can provide that the executor of the will would have discretion in making the specific distribution of the items (within the parameters of the residual clause). You can leave a sealed "letter of instructions" for the executor, but since this is neither legally binding nor part of the probate record, be sure that the executor that you appoint (via the will) can be absolutely trusted. It's quite possible for the executor and the residual legatee to be one and the same person (most often, the surviving spouse).

I believe that a tax-free transfer on Form 5 can also be made in the absence of a will, as long as the heir is clearly ascertainable under state law. For example, if you have a spouse and no children, most states provide that the surviving spouse gets everything. In such a situation, the ATF would (or should) accept this as a clear-cut inheritance, especially if a court-supervised administrator has been appointed.

An inter-vivos trust gets around all these problems, but, as has been pointed out, if the items are currently held as an individual, getting them into the trust requires a $200 transfer tax for each item.
 
Hey guys keep in mind we're talking apples and oranges here. If your things are in a trust, the trust owns them. A trust never dies and always owns them.

If you own things personally, then when you die they go to your heirs. You can simply state in your will that all personal effects go to your wife or chikldren to be divided equally, and leave it up to them as how to accomplish this. What I did was leave a piece of paper with my wishes as to how my guns are to be divided. It's not part of my will, and I trust my kids to do as I request. If they want to fight over something, they can do that even if I leave a will.

A weapon left when you die will need to be transferred to someone, whoever you designate, and that transfer is tax-free. The weapons do NOT go to a dealer until your will is probated. That is specifically not allowed. Trusts do allow more than one person to possess an NFA item, but I'd urge any of you concerned about this subject to spend a few bucks with an attorney and be sure you are satisfied with how your own estate will be settled up. NFA trusts are not the perfect solution to anything.
 
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