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Old 10-21-2011, 09:58   #1
654Boomer
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Suppressor Ownership - Estate Planning Questions

Greetings,

I am curious what happens to a suppressor(s)/NFA items when a person is deceased. Believe me, I am not trying to sound macabre, I am just curious-it is something I sincerely never thought about or have seen any questions asked about this topic on various forums. This could affect future purchases of NFA items for me.

For example, if a person owned an SBR, a pistol supressor, etc., and died, what happens to the item(s)? Would the spouse or an adult child have to apply for a tax stamp and receive BATF approval to keep the item(s)? Would the spouse just turn it in to a Class III dealer for sale?

I would think that something would have to be done to document the change in ownership so that the spouse/family is not liable for illegal possession or transfer of the item(s).

Would a trust make ownership any different?
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Old 10-24-2011, 11:22   #2
Zak Smith
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Form 5 transfer to whoever inherits it. Alternatively, goes with Trust if it's set up that way.
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Old 10-24-2011, 21:35   #3
654Boomer
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Quote:
Originally Posted by Zak Smith View Post
Form 5 transfer to whoever inherits it. Alternatively, goes with Trust if it's set up that way.
Greetings,

Thanks for the reply!

That sounds a lot better than having to immediately sell the items. I had never heard of a Form 5 transfer.
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Old 10-24-2011, 21:55   #4
Zak Smith
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Form 5 is for tax-free transfers (other than SOT to SOT transfers), such as inheritance and transferring to government entities.
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