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Suppressor Ownership - Estate Planning Questions

Discussion in 'GATE NFA/Class III' started by 654Boomer, Oct 21, 2011.

  1. 654Boomer

    654Boomer

    272
    1
    Nov 6, 2004
    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?
     
  2. Zak Smith

    Zak Smith 3Gunner Millennium Member

    502
    3
    Aug 25, 1999
    Fort Collins, CO, USA
    Form 5 transfer to whoever inherits it. Alternatively, goes with Trust if it's set up that way.
     


  3. 654Boomer

    654Boomer

    272
    1
    Nov 6, 2004
    Greetings,

    Thanks for the reply! :wavey:

    That sounds a lot better than having to immediately sell the items. I had never heard of a Form 5 transfer.
     
  4. Zak Smith

    Zak Smith 3Gunner Millennium Member

    502
    3
    Aug 25, 1999
    Fort Collins, CO, USA
    Form 5 is for tax-free transfers (other than SOT to SOT transfers), such as inheritance and transferring to government entities.