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jeff43

Question about transfering a NFA weapon after a death?

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What would happen to a NFA weapon if the owner dies?Can it be transfered to a family member?(wife,or kids)

THANKS JEFF

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I'm not an attorney nor an expert in the law in any case but I believe for any such item to be transferred it would have to go through the exact same process as if it were a stranger transferring (giving/selling/etc.) to another stranger.

I believe the way many families take care of this problem is with a partnership/trust type of vehicle so that the death of one member of the group doesn't impact the other member(s) in that all are equal owners...there are attorneys who specialize in setting up this type of arrangement (and please forgive me if I'm not getting this 100% correct; I went to a seminar on this very topic about a year ago :rolleyes: )

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Yes, it can be transferred to a heir tax free using a form 5.

So they would have to go to a class 3 dealer or contact the ATF ,get the form to do the transfer.How do you go about getting a trust and how does that work?Also how much does it cost to do this?

Thanks Jeff

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This is from the NFA handbook that you can read on ATF.gov.

9.5.3 Distribution of estate firearms. A decedent’s registered NFA firearms may be conveyed taxexempt

to lawful heirs. These distributions are not treated as voluntary “transfers” under the NFA.

Rather, they are considered to be involuntary “transfers by operation of law.” Under this concept, ATF

will honor State court decisions relative to the ownership and right to possess NFA firearms. So, when

State courts authorize the distribution of estate firearms to decedents’ lawful heirs, ATF will approve the

distribution and registration to the heirs if the transactions are otherwise lawful. 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.

170 18 U.S.C. 922(a)(4); 27 CFR 478.28

62

9.5.3.1 Distributions to heirs. Although these distributions are not treated as “transfers” for

purposes of the NFA, Form 5 must be filed by an executor or administrator to register a firearm

to a lawful heir and the form must be approved by ATF prior to distribution to the heir. The

form should be filed as soon as possible. However, ATF will allow a reasonable time to arrange

for the transfer. This generally should be done before probate is closed. When a firearm is being

transferred to an individual heir, his or her fingerprints on FBI Forms FD-258 must accompany

the transfer application. The application will be denied if the heir’s receipt or possession of the

firearm would violate Federal, State, or local law. The law enforcement certification on the form

need not be completed. The form should also be accompanied by documentation showing the

executor’s or administrator’s authority to distribute the firearm as well as the heir’s entitlement

to the firearm. Distributions to heirs should not be made until Forms 5 are approved. Executors

and administrators are not required to have estate firearms registered to them prior to distribution

to lawful heirs.

9.5.3.2 Distributions to persons outside the estate. Distributions of NFA firearms by

executors or administrators to persons outside the estate (not beneficiaries) are “transfers” under

the NFA and require an ATF-approved transfer form. Transfers of serviceable firearms to other

entities or persons require an approved Form 4. Form 4 applications must be accompanied by

the applicable transfer tax, and, if the transferee is an individual, the transferee’s fingerprints on

FBI Forms FD-258. Applications will be denied if transferees’ receipt or possession of the

firearms would violate Federal, State, or local law. Also, Form 4 applications to transfer

firearms to individuals must contain the law enforcement certification of an appropriate law

enforcement official. See Section 9.8 for further information on these certifications. Form 4

applications to transfer firearms to non-FFLs residing outside the State in which the estate is

being administered will be denied. Form 4 transfers should not be made until the transfers are

approved.

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If an individual owner passes away without NRA weapons listed within a will or trust, can they still be transferred to an heir?

To complicate the matter further, what if the individual has been deceased several years - does that matter for transfer purposes?

 

if not, what is the process?

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1 minute ago, Neise said:

If an individual owner passes away without NRA weapons listed within a will or trust, can they still be transferred to an heir?

To complicate the matter further, what if the individual has been deceased several years - does that matter for transfer purposes?

 

if not, what is the process?

I would strongly recommend that you consult with an attorney familiar with NFA law. Are you or the decedent a Tennessee resident?

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