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Old July 8, 2006, 04:50 PM   #1
shotgunner427
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Join Date: September 22, 2005
Location: Richmond, Virginia
Posts: 164
Inheritance question.

So my uncle has passed away unfortunately. Hes at peace now thankfully after years of medical problems.
The point of the story is i stand to inherit his ENTIRE firearms collection since i am the only firearms enthusiast in the family, and hence the only person that ever went shooting with him or cleaned his guns with him.
Now heres the rub though- and im not gonna get too detailed for obvious reasons, there are 2 class 3 weapons in the collection and i am a bit foggy as to what must be done legally to take possesion. All the other peices im not worried about.
I know i have to pay 200 dollars for each peice, and fill out various forms available from the BATFE website and treasury website.
What else is there that i need to do. Im just thankfull i dont have to pay the outrageous prices for class III toys.
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Old July 8, 2006, 08:36 PM   #2
rkba_net
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Join Date: October 26, 2000
Posts: 153
Here is some info...

NFA Firearms in Estates

The executor of an estate that includes registered NFA firearms is responsible for maintaining custody and control of registered NFA firearms and for arranging for transfers of the firearms. The executor should take this action as soon as possible, generally by the close of probate. However, ATF will allow the executor reasonable time to arrange for the transfer of the registered firearms in a decedent’s estate.

Firearms may not be transferred to another party, such as a Federal firearms licensee, for consignment or safekeeping. This is a transfer, which is subject to the requirements of the NFA and must be approved by ATF; however, a licensee may assist the executor by identifying purchasers and by acting as a broker.

If the registered firearms are to be transferred to a lawful heir (beneficiary), the transfer from the estate is made on a tax-exempt basis. A lawful heir is anyone named in the decedent’s will or, in the absence of a will, anyone entitled to inherit under the laws of the State in which the decedent last resided. The executor would apply on ATF Form 5, Application for Tax Exempt Transfer and Registration of a Firearm for the transfer to a lawful heir. The executor signs the application as the transferor, representing the estate. An NFA firearm may be transferred directly interstate to a beneficiary of the estate. When an NFA firearm is being transferred to an individual heir, his or her fingerprints on FBI Forms FD-58 must accompany the transfer application. If any Federal, State or local law prohibits the heir from receiving or possessing the firearm, ATF will not approve the application.

If the registered firearms will not be transferred to a beneficiary, with certain exceptions, the transfer from the estate is subject to the transfer tax. ATF Form 4 is used to apply for the tax-paid transfer of a serviceable NFA firearm to a person outside the estate. ATF Form 5 is used to apply for the tax-exempt transfer of an unserviceable NFA firearm to a person outside the estate or for the transfer of a serviceable NFA firearm to a government agency. As noted above, all requirements, such as the fingerprint cards for transfers to individuals and compliance with State or local law, must be met before an application may be approved.

If an NFA firearm in the estate was imported for use as a “sales sample,” this restriction on its possession remains. An NFA firearm with this type of restriction can only be transferred to a government agency or a Federal firearms licensee who has paid the special (occupational) tax to deal in NFA firearms.

If there are unregistered NFA firearms in the estate, the firearms are contraband and cannot be registered by the estate. The executor of the state should contact the local ATF office to arrange for the abandonment of the unregistered firearms.

How to Contact Us:

You may contact us at:

244 Needy Road
Martinsburg, WV 25405

Phone: 304 616-4500
Fax: 304 616-4501

Hours: 8 a.m. to 5 p.m. Monday through Friday (except federal holidays)
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Old July 9, 2006, 12:50 AM   #3
shotgunner427
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Join Date: September 22, 2005
Location: Richmond, Virginia
Posts: 164
thanks for the info, as confusing as it seems to me.
Ill have to read it over a ew dozen times but the info is pertinant, and helpful. Thank you very much. Think i may just end up selling
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Old July 26, 2006, 07:44 AM   #4
Ausserordeutlich
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Join Date: May 27, 2006
Posts: 996
You don't have to pay the $200 transfer tax! That's pretty concise and should be good news!
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Old July 26, 2006, 09:06 AM   #5
GeorgeF
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Join Date: August 23, 2004
Posts: 572
Unless you are specifically named inthe will as geting the firearms, you will have to pay the tax. I speak from experience. I am only son of my late father and everyone knew that i was getting his firearm collection. Only problem was that I wasnt explicitly named in the will as getting them. The Will went as follows: father dies, mother gets everything. If mother isnt alive, I get everything.

Since my mother was alive, she got it all (she didnt want the guns, but doesnt matter), and it had to be transferred to me at $200 a pop. Thankfully I had the funds to do it, but still very annoying.

The form itself isnt terrible to fill out, just daunting for first-timers. Consult with someone from ATF, but for me it was as follows:

I was the receiver.

Owner was listed as my mother as 'Executrix of the estate of my father'.

Since we didnt know this procedure at first, and tried to get the items transferred to me without paying $200 tax on each item the matter took forever to resolve - forms getting bounced back and forth. I wont name my examiner, but let's say I was far less than happy about how they sat on the forms for so long. Took a year and a half for everything to resolve.

Good luck!
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