Originally Posted By: G AndersonOriginally Posted By: SnowmanMoOriginally Posted By: G AndersonI know the question has come up about who all within your family can legally have possession of your suppressor should you die...if memory serves me a Trust was the way to go for this situation...is this the only means of say a spouse being in possession of your suppressor if you pass?
Reason for asking is that I watched a youtube video where the person stated that you could "pre" fill out a Form 5 and have it with your will and this would allow for a "beneficiary" to posses the suppressor...does anyone know if this is the case or not? Thanks
Gene
As I read the laws, you are correct, that a trust is a good way to go. You aren't the actual owner, the trust is. You are just the "responsible party" who administers the trust. So if you name your beneficiaries and you pass, they do the background check and fingerprints and they can become the "responsible party."
I can't speak much on the Form 5 except that this is what I found on the ATF's website about them...
*This form is used to apply the tax-exempt transfer of an unserviceable (welded) firearm to anyone other than a Federal firearms licensee who has paid the required special (occupational) tax to deal in NFA firearms and to or from government agencies.
Document Number:
ATF F 5320.5
https://www.atf.gov/firearms/docs/form/f...-atf-form-53205
Mo, yes I looked at that too...however, if you go to the linked document, 4th page Section C Firearms (7) it addresses a muffler or silencer under definition of a NFA firearm. Then on the 5th page under Sec 2,B(4) exemption from transfer tax, (4) says "it is being transferred to a beneficiary of an estate.
Seems real muddy to me. I will post a link to the youtube video where the person is explaining the 10 myths of suppressors.
Thanks
Yeah, I couldn't see the form well on my phone but right there on the first page, left side it stats that you are requesting tax exemption and the third box down says "Firearm is being transferred to a lawful heir or by operation of the law." Seems like a catch all form.