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View Full Version : What are the rules on inheriting a NFA firearm?


EdInk
April 11, 2011, 07:35 PM
I was curious as to what the laws are about inheriting a legal NFA weapon from a family member? Does the person inheriting have to re-register it? Pay another tax stamp? Legal to do at all? Does it just "become your's" like a regular firearm?

rjrivero
April 11, 2011, 08:01 PM
I've never inherited one, but I believe you can transfer it tax free on a "Form 5." That is a 5320.5 from the ATF.

http://www.atf.gov/forms/download/atf-f-5320-5.pdf

silvercorvette
April 13, 2011, 10:44 PM
I am not an expert but I believe you need to pay $200 for a stamp. One of the reasons people own their guns in a trust is there is no need for another stamp if the person inheriting the gun is in the trust. The answer is no and yes.

medalguy
April 14, 2011, 10:39 PM
No fee for transfer to an heir. On death of an owner, the executor takes possession and BATF allows a "reasonable period of time" to apply for transfer to the legal heir. It is done on a Form 5 and there is no fee for a Form 5. The firearm may NOT be given to a dealer or anyone other than the executor to handle the transfer.

By the way, if the weapons are owned by a trust, they cannot be transferred to an heir since the trust is itself a legal entity and can survive the original owner. Ownership remains with the trust, so if you form a trust, be sure it's done properly.

silvercorvette
April 15, 2011, 12:09 AM
I am not sure if that is correct the tax stamp I have has my name on it as the owner, the BATF will need to issue a new tax stamp for the new owner @ a cost of $200. I may be wrong but I am pretty sure that is the way it works.

Bill DeShivs
April 15, 2011, 01:58 AM
There is no tax for an inherited NFA weapon. BATF issues a new stamp.

cookhj
April 15, 2011, 02:53 AM
a friend of mine has been going through this. his dad passed and left him a FA uzi.
you just file the paperwork with the ATF. no need to pay the tax.

silvercorvette
April 15, 2011, 04:32 PM
Thanks for that info, I was considering forming a trust and putting m guns in the trust which would have required buying $600 worth of stamps for the same guns I already paid for. I thought it will simplify inheritance issues, this discussion may have saved me $600