Suppressor and Estate question

[Kmartinusa]

I’m really curious what everyone thinks…

There are a ton of cans out there now and most people aren’t especially organized.

My guess is if the owner passes away, 1/10 estates handle them correctly.

First of all it’s a total pain in the ass and stupid but secondly as I understand the rules it’s pretty unlikely that an average person who had a suppressor or two’s spouse has the first clue what to do. And nobody is going to destroy or turn in a $1000 harmless and incredibly useful device.

My guess is there are thousands floating around, technically illegal, and I’ll bet that the owners, those who ended up with them either from dad or by buying from the widow would gladly register if they could. (Of course ladies own them too).

Two questions:

Am I right, as I understand there’s a small window in which the heir must apply just like dad did, pay $200 and a buyer must do the same and go through a FFL.

How can the law/rule be changed, what shoild the process be? Does the govt know this is a growing issue and do they care or is it just a back door confiscation mechanism? (Cans don’t belong as a class 3 to me anyway- I understand the strict controls as written for a machine gun for example but this is stupid).

If one owns one and didn’t do the steps that the ATF demands, is it possible to legally clean this up, get it stamped and above boards again? For example, wife didn’t even know what husband had. A couple of months after he died, she had a family member help get rid of all of it. They had no clue the suppressor was regulated and sold it to a neighbor, a person who wants it for hunting. He may know to buy one from a retailer, a stamp is required but this is a little different- so he wasn’t sure and later discovered the process. Is the buyer just screwed? What are they supposed to do?

Ok that’s a bunch of questions. Sorry. This topic just bugs me

 

[NiteQwill]

If someone who owned an NFA item passed away, the next of kin/spouse/whatever does a Form 5, which is a tax exempt transfer.

If a next of kin, finds an NFA item and they want to sell it, they complete a Form 5, then a regular transfer occurs to the buyer (Form 4 x 2).

It's actually not that hard and, surprisingly, the ATF makes it a semi-easy process. In state transfers are arguably better than selling an NFA item across state lines.

 

[rustyinbend]

I have 8 cans and have been wondering the same thing. Sounds like without a trust, my safest and cheapest option to transfer my suppressors to my son, is to have 8 Form-5's ready to go and in the possession of the Executor of my will, and have my neighborhood FFL ready to manage the transfer and submit the forms.

Am I reading the form instructions right, that as a private citizen, I cannot use the EForms and file electronically ... I "must" have a FFL to submit the forms, hold the cans, and eventually get the approval to transfer ownership to my son.

Has anybody (private citizen) ever successfully transferred a NFA item this way? Are there tips, tricks, and/or traps you'd care to share?

 

[NiteQwill]

The executor of the estate iirc can hold the NFA Items. My best friend passed away 2019 and his sons and wife went through this. Form 5 sent and approved by ATF in less than 1 month. An FFL was NOT involved.

I have 8 cans and have been wondering the same thing. Sounds like without a trust, my safest and cheapest option to transfer my suppressors to my son, is to have 8 Form-5's ready to go and in the possession of the Executor of my will, and have my neighborhood FFL ready to manage the transfer and submit the forms.

Am I reading the form instructions right, that as a private citizen, I cannot use the EForms and file electronically ... I "must" have a FFL to submit the forms, hold the cans, and eventually get the approval to transfer ownership to my son.

Has anybody (private citizen) ever successfully transferred a NFA item this way? Are there tips, tricks, and/or traps you'd care to share?

 

[rustyinbend]

The executor of the estate iirc can hold the NFA Items. My best friend passed away 2019 and his sons and wife went through this. Form 5 sent and approved by ATF in less than 1 month. An FFL was NOT involved.

That's REALLY good to know ... thanks !!!

 

[AznTactical]

I have 8 NFA items (5 suppressors, 2 SBR's and 1 SBS) spread across 2 Trusts and 1 Individual. 1 of my suppressors is done as Individual. I have specific instructions for this one. My beneficiaries are in this order, wife, daughters, dad, mom, middle brother, youngest brother, sister. My youngest uncle is my Executor. There are 2 options if I were to die.

1-Destroy it per ATF's guideline called "Firearms Destruction Silencers".
2-My executor to submit a Form 5 for my beneficiary before probate is finalized.

The only unknown at this time is if my wife and I were to pass, how or can this suppressor be transferred to my children IF they are still minors? A lawyer could help me answer this.

My other 7 NFA items are in Trusts. Nothing has to be done here IF co-trustee's are listed. If not, beneficiary in up next.

 

[rustyinbend]

Oh ... right ... forgot about my 4 SBR's ...

 

[AznTactical]

Oh ... right ... forgot about my 4 SBR's ...

4 SBRs and 8 cans? Are they all individuals?

 

[rustyinbend]

4 SBRs and 8 cans? Are they all individuals?

Yup ... would have done a trust if I could go back in time.

 

[AznTactical]

Yup ... would have done a trust if I could go back in time.

Ouch, your Executor is going to hate you when your time has come. No need to have Form 5's ready because ATF revises them often. Form 5 was just revised Oct of last year too. Have a will for you executor to execute on your behalf. This link will help (https://regulations.atf.gov/479-90a/2023-01001). If you don't have an executor the courts will appoint your family one.

 

[rustyinbend]

Ouch, your Executor is going to hate you when your time has come. No need to have Form 5's ready because ATF revises them often. Form 5 was just revised Oct of last year too. Have a will for you executor to execute on your behalf. This link will help (https://regulations.atf.gov/479-90a/2023-01001). If you don't have an executor the courts will appoint your family one.

Not a problem for me ... I have a well-thought-out Will, and I trust my Executor completely. I'll probably add an addendum with instructions on how to transfer the NFA stuff, so she doesn't have to figure that out on her own.

 

[sandhiller]

Ouch, your Executor is going to hate you when your time has come. No need to have Form 5's ready because ATF revises them often. Form 5 was just revised Oct of last year too. Have a will for you executor to execute on your behalf. This link will help (https://regulations.atf.gov/479-90a/2023-01001). If you don't have an executor the courts will appoint your family one.

I have form 5's already filled out.
Forgot how often AFT likes to revise forms and I hope to live through many revisions
If nothing else, information on these forms should ease filling out revised forms.
Or, I could keep up with the revisions too
Wading through all my shit is going to be tough enough, anything I can make easier, least I can do.
I told the boys, form 5's are stored with the stamps

 

[Cascade Hemi]

The F5 process isn't very hard. If you have a will, attach the F5 instructions to the last page. I haven't counted lately but I think I have 30 items.

 

[Rookie]

I bought my suppressor back in the day when an LLC could purchase. It's my understanding that any partial owner of the LLC could possess the can. My thought was to make my heirs partial owners. I don't know if that is still true.

 

[WindstormSCR]

Yup ... would have done a trust if I could go back in time.

you can still technically form 4 them from you to the trust, just requires doing the paperwork and paying $200 each again. really a question of "is this less costly than dealing with it later" and they never leave your possession during the process.

 

[AznTactical]

you can still technically form 4 them from you to the trust, just requires doing the paperwork and paying $200 each again. really a question of "is this less costly than dealing with it later" and they never leave your possession during the process.

That's correct. My buddy bought a Barrett QDL suppressor using Form 4 Individual, 4 weeks ago. It got approved in 9 business days. He amended his Trust to remove his wife and submitted it as a Form 4 Trust (paying tax stamp twice). He's impatient, he has money, good for him.