[Help!] Uncle passed, Need Form 5
Posted by Revolutionary-Log668@reddit | Firearms | View on Reddit | 20 comments
We're currently in Kansas, from Florida. We're the named beneficiaries in his will from his army days (the most recent one). His apartment / estate is small and we won't be probating. He has multiple suppressors adding up to about 9 grand and sold all his rifles the month before he passed. As a Non-FFL civ, I cannot eFile Form 5. I have a trust we're trying to move them all into. We're planning on flying out of Kansas in just a few days and would hate to trash / surrender them. What are the steps to get it submitted and be able to cross state lines / fly with them? Everything I've seen from the NFA and ATF is completely and utterly vague on this and no help. Please be as detailed as possible, thanks!
Ornery_Secretary_850@reddit
You do know that to move them to the trust you have to pay the transfer tax?
ExPatWharfRat@reddit
Not upon the death of the person who paid the tax. Inheritance is a tax free event.
Ornery_Secretary_850@reddit
That depends upon WHOM they were left too. If they were left to an INDIVIDUAL...tax needs to be paid to move them to a trust.
If they were left to the existing trust...no tax needs to be paid.
I'm betting there are two separate events here.
The inheritance then moving them to a trust.
Revolutionary-Log668@reddit (OP)
Not according to the ATF agent I spoke to earlier
sirbassist83@reddit
create an atf eforms account and file a form 5 on your own behalf, since youre the executor. you dont need to be an FFL.
Revolutionary-Log668@reddit (OP)
Tried last night and again today, can’t figure out how to do it non-ffl
sirbassist83@reddit
Ah shit, you have to do a paper form 5.
Revolutionary-Log668@reddit (OP)
Ik it’s so sad. My wrist hurts just thinking abt all of them
sirbassist83@reddit
I'm sorry, but i don't know why you're struggling. The spaces for ffl/sot numbers are optional. Leave them blank or put n/a
joelfarris@reddit
Arms accessories can be placed into a case and left with a friend. Checked into a locker. A storage unit. Temporarily buried. Driven to a temporary destination untul paperwork can be sorted out.
Hello, BATFE agent, great to hear from you again! Could you please ring Kash's extension, explain this poor mofo's situation, and see if anything can be done about it other than manufacturing a needless entrapment scenario, again‽
Thanks, and be well.
Revolutionary-Log668@reddit (OP)
Don’t really understand the last half but it gave me a chuckle, appreciate you
CallMeElderon@reddit
Note: moving them into a trust before an approved form 5 review can create legal complexities. Check this link:
https://www.nationalguntrusts.com/blogs/nfa-gun-trust-atf-information-database-blog/atf-form-5-nfa-tax-stamp-walk-through-guide#:~:text=The%20executer%20of%20the%20estate,ATF%20Form%205%20is%20approved.
Key Steps:
ATF Form 5: - The most crucial step is filing ATF Form 5, “Application for Tax Exempt Transfer of Firearm and Registration to Special Occupational Taxpayers (SOTs) and Government Entities.” This form is used for tax-exempt transfers, which apply to inheritances. - As the executor, you’ll need to complete this form and submit it to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). - This form is used to register the NFA items to you, the heir.
Estate Documentation: - You’ll need to provide documentation proving your authority as the executor of the estate and your entitlement to inherit the suppressors. This typically includes a copy of the will and any relevant court documents.
ATF Approval: - The ATF will review your application. This process can take time, so be patient. - Do not take possession of the NFA items until the ATF approves your Form 5.
Legal Compliance: - Ensure you comply with all federal and state laws regarding NFA items. State laws can vary significantly, so it’s essential to understand the regulations in your state.
NFA Gun Trusts: - It is worth noting that if the uncle had placed the NFA items into a NFA gun trust, the transfer of those items would have been a much simpler process.
Seek Legal Counsel: - Given the complexities of NFA regulations, it’s highly recommended that you consult with an attorney specializing in firearms law. They can provide guidance on the specific requirements in your jurisdiction and help you navigate the process.
Important Considerations:
Possession: - Do not take possession of the suppressors until you have received ATF approval.
State Laws: - State laws can add additional layers of complexity. Be sure to research your state’s specific regulations.
Record Keeping: - Maintain accurate records of all transactions and documentation related to the transfer. Where to find more information: - ATF Website: The ATF website is the primary source for information on NFA regulations and forms. * NFA Lawyers: Lawyers that specialize in NFA items can provide very helpful information.
I hope this information is helpful.
Revolutionary-Log668@reddit (OP)
Thank you very much for the detail. I’m confused on the “do not take possession” line though. Both the ATF and NFA told me to take them from apt and hold on to them while filing
sirbassist83@reddit
the executor of the estate holds the NFA items until form 5 approval. if youre the executor, you hold/possess them.
CallMeElderon@reddit
If the ATF told you that then I would do that.
I should have added a disclaimer. I am not a lawyer or a member of the ATF.
iatha@reddit
The instructions on ATF form 5 specify that for estate procedures of currently registered firearms, the executor of the estate should contact the ATF's NFA division at NFAFAX@ATF.GOV or by phone at 304-616-4500
AngryOneEyedGod@reddit
IF you are the named beneficiaries for the NFA items, the executor can file the Form 5s for you. Upon approval, go get them.
Revolutionary-Log668@reddit (OP)
I’m also the executor, and this doesn’t answer the rest of the question. Thanks.
SexIsBetterOutdoors@reddit
r/NFA
Revolutionary-Log668@reddit (OP)
posted there too, not much help