Class III and a death

[JeffsSig]

Can I have some advice form anyone who knows please?

If I was to die and I owned some class III items such as suppressors and full autos,

What would happen to those items?

If no will is involved what would my wife do?

Can she keep them?

If not what should she do with them.

Can she take them to a class III dealer and have them sold?

Can it be only her to do anything?

Please only post if you know for sure what to do.

Thanks!

[willis68]

Jeff,

Someone will hopefully reply with the proper legal answers, But to the best of my knowledge the best thing to do is set up a trust and add your wife and whomever else that you would want to get the firearms. Whenever I get around to doing it I will be getting an LWRC PSD with an 8 inch barrel, before I purchase the rifle next year I will set up a trust and put my wife on it. This is so if God forbid she should ever have to use it in home defense she will be lawfully doing so as being on my trust she has the same rights to the weapon that I will, I hope this helps

[JeffsSig]

Thanks Willis but what if I am already dead? And trust wasn't set up?

The reason I ask this is I have a close friend and she has had this happen.

[willis68]

Jeff,

I copied this from a Louisiana site that a friend of mine runs,

Individual Ownership

Pros:

- Least complicated first purchase. (No need to get a lawyer involved)

- Least expensive because there are no start-up or maintenance costs

- Upon death, NFA items can be transferred to your "heir" tax free with a ATF Form 5 (5320.5)

Cons:

- Must get fingerprinted for each NFA application

- Must get CLEO sign-off

- Only the registered individual is allowed to have access to the item. Others may use the item only in the registered user's presense.

[BimmerFreak]

- Upon death, NFA items can be transferred to your "heir" tax free with a ATF Form 5 (5320.5)

This is correct.

They can transfer tax free 1 time to an heir, or you can sell them (the heir or with the help of a SOT)

[Magiccarpetrides]

That's definitely good to know. Thanks!

[JeffsSig]

Thank you Willis and Joe.

I think I now have enough info to work with.

[willis68]

You are welcome my friend!

[midtennchip]

Just to add to this thread, the ATF information sheet on this issue is available at the link below:

Transfers of National Firearms Act Firearms in Decedents’ Estates

This gives the details on how to handle the matter, step-by-step.