Transfer Supressor from Deceased Uncle

[DavidD]

Uncle died and I want to get his .22 suppressor transferred to me realizing it is going to cost me $200 for the stamp. Aunt has executor ship over estate. How do we proceed? 

[Capbyrd]

Uncle died and I want to get his .22 suppressor transferred to me realizing it is going to cost me $200 for the stamp. Aunt has executor ship over estate. How do we proceed? 

 

 

 

If you are inheriting it from him, you need to fill out a form 5 which is a tax exempt transfer.  Process is exactly the same but without the fee.  

 

https://www.atf.gov/file/11371/download

https://www.guntrustlawyer.com/2013/10/how-to-fill-out-an-atf-form-5.html

[DavidD]

If you are inheriting it from him, you need to fill out a form 5 which is a tax exempt transfer.  Process is exactly the same but without the fee.  

 

https://www.atf.gov/file/11371/download

https://www.guntrustlawyer.com/2013/10/how-to-fill-out-an-atf-form-5.html

Unfortunately, I am NOT inheriting it. Do I need to go to a class III dealer or just send in the forms directly to the ATF?

[Capbyrd]

Unfortunately, I am NOT inheriting it. Do I need to go to a class III dealer or just send in the forms directly to the ATF?

 

 

 

Is the suppressor in a trust or is it registered as an individual?  

 

[DavidD]

Is the suppressor in a trust or is it registered as an individual?  

 

Individual.

[Oh Shoot]

Unfortunately, I am NOT inheriting it. Do I need to go to a class III dealer or just send in the forms directly to the ATF?

 

If you mean it isn't itemized in a will, that is not necessary to inherit a normal GCA firearm, and thus be an exception to the restrictions on interstate transfer. Doesn't have to have been a will at all actually, "intestate succession" is fine. 

 

Dunno if this applies to NFA stuff too, depends on exact meaning of "Firearm is Being Transferred to a Lawful Heir or by Operation of Law" ?

 

- OS

[DavidD]

If you mean it isn't itemized in a will, that is not necessary to inherit a normal GCA firearm, and thus be an exception to the restrictions on interstate transfer. Doesn't have to have been a will at all actually, "intestate succession" is fine. 

 

Dunno if this applies to NFA stuff too, depends on exact meaning of "Firearm is Being Transferred to a Lawful Heir or by Operation of Law" ?

 

- OS

OS, it was not itemized in the will and from what I have gathered in my brief search thus far, I will have to pay the $200 tax since it was not.

[Hozzie]

You may want to give Chip Cain or John Wells a call and be sure before paying it.  Can't hurt.

[Capbyrd]

Individual.

 

 

Ok.  Well since it was registered to an individual, someone HAS TO file a Form 5 (Tax Exempt Transfer) to legally continue possession of the item.  If the executor of the estate is telling you that you have inherited it, then file the form 5 and take possession.  

Otherwise, your aunt will need to file the form 5 and wait.  Then you can file the form 4 transfer from her to you.  

 

 

either way, feel free to give one of our attorneys a call and confirm but I'm pretty sure that you can file the form 5 and you are good to go.  I don't think they ask for or need a copy of the will so that isn't really an issue. 

[monkeylizard]

I understand it the same way Capbyrd described it. No will needed. If you're inheriting it (your Aunt as the executor is saying your uncle would have wanted you to have it), Form 5 for you and no tax. If you're buying it from your aunt, Form 5 and no tax for her, then Form 4 and $200 for you.

 

https://www.atf.gov/firearms/qa/are-there-any-exemptions-making-or-transfer-tax-provisions-nfa-0

Bullet point 4

Edited April 15, 2016 by monkeylizard

[DavidD]

You may want to give Chip Cain or John Wells a call and be sure before paying it.  Can't hurt.

Great advice and I have done so, thank you. Chip Cain will be setting up a Trust for me and will advise us how to proceed from here.

Edited April 15, 2016 by DavidD

[Hozzie]

Chip is a good guy.  He did my trust and many others on here as well.