What happes if I die?

Gregory Gauvin · April 6, 2009, 06:31 PM

Just curious as to what would happen to any Class 3 weapons or suppressors I own if I died.

If I bought a suppressor and didn't go the Trust route, if I died in 50 years from now would the ATF really remember to come to my house and find where I hid my suppressor?

If I went with a Trust, my wife or trustee would be able to own it?

Is there a yearly cost to maintain a Trust?

p99guy · April 6, 2009, 06:39 PM

There is no yearly cost to maintain a trust....but every NFA item you own already would have to be transfered into the trust( another $200 an item) if you wanted it to be in the trust....Do make sure they are on your will, if they are not on the trust....so you can heir them somebody upon your passing.

B.N.Real · April 6, 2009, 09:32 PM

I would think that whoever you willed them to would have to immediately apply for the necessary permits to have them transferred over to them.

It would be much better for the person you willed them to,to already have a the permits or payments in (with reciepts) necessary to have the things.

The ATF would'nt track down your stuff,they would jail whoever had that stuff illegally,if the willed to person failed to do the necessary paperwork and got checked out by chance.

Bill DeShivs · April 6, 2009, 09:56 PM

There aren't any PERMITS to own NFA weapons!
They can be willed, but must be held by the executor until proper transfer paperwork is processed. I don't believe there is a transfer tax on willed items.

Gregory Gauvin · April 6, 2009, 11:17 PM

How about this reasoning:

If I own an NFA weapon, and I am the only person it is entrusted to, and I store the weapon to where I only have access to it, ie., in a safe, and I die, and do not have the item willed to somebody...would the ATF then come to collect the item?

Will my children/wife be held responsible?

If I do not provide my children access to the item, will the ATF jail them claiming they have illegally taken the weapon?

imthegrumpyone · April 7, 2009, 04:12 AM

I'll pray for you, come over and collect up all the stuff you won't be using any more, take real good care of them and think of you every time I use them.

**Mike Irwin** · April 7, 2009, 09:03 AM

Moving to the NFA forum.

mskdgunman · April 7, 2009, 11:07 AM

I ran into this situation a few years ago while buying a Reising. The guy who had it had found the registered weapon in his fathers gun safe. Father was a collector and had passed away a couple years prior. The son never knew that dad had the SMG which was registered to the dad in 1975. The family started going through the safe gradually selling off items as the father did not leave any instructions in the will. They then found this SMG and were not sure exactly what they had or what to do with it.

In order to buy the weapon, we first had to get his attorney involved and get the weapon legally transfered to the sons possession. That required about a year of paperwork, death certificates, affidavits, letters, phone calls and the ATF registration forms. Once it was registered to the son, I was able to complete my paperwork and buy it from him. All totaled it took about 2 years for me to get the weapon.

Had the father left the weapon to the son as part of the estate, we were told that all that would have been necessary was to do the ATF transfer paperwork and include a copy of the will. As it was, the guy had an unregistered NFA weapon in his possesion and really had no idea of what to do. He was just going to sell it to me like a regular firearm when I first spoke with him. It was a learning experience and I've since indicated in my will what I want done with all my NFA stuff and who I want in charge of making sure it gets done

Dingoboyx · April 7, 2009, 11:11 AM

Thats the best way

Dingoboyx · April 7, 2009, 01:36 PM

Well, you stop breathing, poop yourself and make funny noises, then you go a funny yellow/green/blue/purple color :barf:..... then everyone says what a nice bloke you were, then fights over your stuff.....

especially your guns

What's your address?

highrolls · April 7, 2009, 05:59 PM

Your heir will need to accomplish a timely form five transfer.

Here is the form.

http://www.titleii.com/pdf/010205-Form5.pdf

I think the check box for the heir is number three on the left of the form.

There is no transfer tax for the heir, but other things apply. The heir cannot be
a felon conviction etc... and must live in a state that allows this.

You should inform the potential heir of this responsibility, since the
hypothetical case assumes you are no longer around.

James K · April 8, 2009, 01:46 PM

ATF has full instructions, available on their web site (www.atf.gov) about NFA transfers as part of an estate.

Jim

April 6, 2009, 06:31 PM	#1
Gregory Gauvin Senior Member Join Date: March 6, 2009 Posts: 368	What happes if I die? Just curious as to what would happen to any Class 3 weapons or suppressors I own if I died. If I bought a suppressor and didn't go the Trust route, if I died in 50 years from now would the ATF really remember to come to my house and find where I hid my suppressor? If I went with a Trust, my wife or trustee would be able to own it? Is there a yearly cost to maintain a Trust?

April 6, 2009, 06:39 PM	#2
p99guy Senior Member Join Date: November 4, 2004 Location: Haslet,Texas(DFW area) Posts: 1,506	There is no yearly cost to maintain a trust....but every NFA item you own already would have to be transfered into the trust( another $200 an item) if you wanted it to be in the trust....Do make sure they are on your will, if they are not on the trust....so you can heir them somebody upon your passing. __________________ Lighten up Francis!.....;Actor Warren Oats, in the movie "Stripes"

April 6, 2009, 09:56 PM	#4
Bill DeShivs Senior Member Join Date: April 7, 2006 Posts: 10,985	There aren't any PERMITS to own NFA weapons! They can be willed, but must be held by the executor until proper transfer paperwork is processed. I don't believe there is a transfer tax on willed items. __________________ Bill DeShivs, Master Cutler www.billdeshivs.com

April 7, 2009, 04:12 AM	#6
imthegrumpyone Senior Member Join Date: July 3, 2007 Location: spring tx Posts: 1,037	I'll pray for you, come over and collect up all the stuff you won't be using any more, take real good care of them and think of you every time I use them. __________________ chambered and unlocked

April 7, 2009, 09:03 AM	#7
Mike Irwin Staff Join Date: April 13, 2000 Location: Northern Virginia Posts: 41,390	Moving to the NFA forum. __________________ "The gift which I am sending you is called a dog, and is in fact the most precious and valuable possession of mankind" -Theodorus Gaza Baby Jesus cries when the fat redneck doesn't have military-grade firepower.

April 6, 2009, 09:32 PM	#3
B.N.Real Senior Member Join Date: February 22, 2008 Posts: 4,092	I would think that whoever you willed them to would have to immediately apply for the necessary permits to have them transferred over to them. It would be much better for the person you willed them to,to already have a the permits or payments in (with reciepts) necessary to have the things. The ATF would'nt track down your stuff,they would jail whoever had that stuff illegally,if the willed to person failed to do the necessary paperwork and got checked out by chance.

April 6, 2009, 11:17 PM	#5
Gregory Gauvin Senior Member Join Date: March 6, 2009 Posts: 368	How about this reasoning: If I own an NFA weapon, and I am the only person it is entrusted to, and I store the weapon to where I only have access to it, ie., in a safe, and I die, and do not have the item willed to somebody...would the ATF then come to collect the item? Will my children/wife be held responsible? If I do not provide my children access to the item, will the ATF jail them claiming they have illegally taken the weapon?

April 7, 2009, 11:07 AM	#8
mskdgunman Senior Member Join Date: December 28, 2008 Posts: 127	I ran into this situation a few years ago while buying a Reising. The guy who had it had found the registered weapon in his fathers gun safe. Father was a collector and had passed away a couple years prior. The son never knew that dad had the SMG which was registered to the dad in 1975. The family started going through the safe gradually selling off items as the father did not leave any instructions in the will. They then found this SMG and were not sure exactly what they had or what to do with it. In order to buy the weapon, we first had to get his attorney involved and get the weapon legally transfered to the sons possession. That required about a year of paperwork, death certificates, affidavits, letters, phone calls and the ATF registration forms. Once it was registered to the son, I was able to complete my paperwork and buy it from him. All totaled it took about 2 years for me to get the weapon. Had the father left the weapon to the son as part of the estate, we were told that all that would have been necessary was to do the ATF transfer paperwork and include a copy of the will. As it was, the guy had an unregistered NFA weapon in his possesion and really had no idea of what to do. He was just going to sell it to me like a regular firearm when I first spoke with him. It was a learning experience and I've since indicated in my will what I want done with all my NFA stuff and who I want in charge of making sure it gets done

April 7, 2009, 11:11 AM	#9
Dingoboyx Senior Member Join Date: March 7, 2009 Location: South East Queensland, Australia Posts: 1,513	Stay alive Thats the best way __________________ Muzza If you cant blind them with brilliance, Baffle them with BS Be alert...... there is a shortage of LERTs

April 7, 2009, 01:36 PM	#10
Dingoboyx Senior Member Join Date: March 7, 2009 Location: South East Queensland, Australia Posts: 1,513	What happens when you die? Well, you stop breathing, poop yourself and make funny noises, then you go a funny yellow/green/blue/purple color :barf:..... then everyone says what a nice bloke you were, then fights over your stuff..... especially your guns What's your address? __________________ Muzza If you cant blind them with brilliance, Baffle them with BS Be alert...... there is a shortage of LERTs

April 7, 2009, 05:59 PM	#11
highrolls Senior Member Join Date: January 20, 2009 Location: already given Posts: 115	Your heir will need to accomplish a timely form five transfer. Here is the form. http://www.titleii.com/pdf/010205-Form5.pdf I think the check box for the heir is number three on the left of the form. There is no transfer tax for the heir, but other things apply. The heir cannot be a felon conviction etc... and must live in a state that allows this. You should inform the potential heir of this responsibility, since the hypothetical case assumes you are no longer around.

April 8, 2009, 01:46 PM	#12
James K Member In Memoriam Join Date: March 17, 1999 Posts: 24,383	ATF has full instructions, available on their web site (www.atf.gov) about NFA transfers as part of an estate. Jim