Seems like the suppressor thread has been slow. Let's spice it up.

It was explained to me by the lawyer who set up my trust, if the NFA item is held as an individual, you need to have it listed in your will who you want to inherit it. Then a Form 5 is filed upon your passing.

Everyone should have a simple will anyway. Get things squared away so you family doesn't have to unravel a mess. And possible do it wrong.
 
Originally Posted By: Walking ManIt was explained to me by the lawyer who set up my trust, if the NFA item is held as an individual, you need to have it listed in your will who you want to inherit it. Then a Form 5 is filed upon your passing.

Everyone should have a simple will anyway. Get things squared away so you family doesn't have to unravel a mess. And possible do it wrong.

So I take it you set yours up in a trust and just do not possess it as an individual?
I/we have wills set up already...just trying to determine which way to proceed if I invest in a suppressor. Either set it up in a trust or just rely on the Form 5. It appears that the trust is an "immediate" ability to be in possession of an NFA item, whereas a Form 5 has to be filed/approved and that would make my surviving spouse technically in possession of an NFA item illegally...until the Form 5 is approved...or am I looking at it wrong?
 
Originally Posted By: G AndersonOriginally Posted By: Walking ManIt was explained to me by the lawyer who set up my trust, if the NFA item is held as an individual, you need to have it listed in your will who you want to inherit it. Then a Form 5 is filed upon your passing.

Everyone should have a simple will anyway. Get things squared away so you family doesn't have to unravel a mess. And possible do it wrong.

So I take it you set yours up in a trust and just do not possess it as an individual?
I/we have wills set up already...just trying to determine which way to proceed if I invest in a suppressor. Either set it up in a trust or just rely on the Form 5. It appears that the trust is an "immediate" ability to be in possession of an NFA item, whereas a Form 5 has to be filed/approved and that would make my surviving spouse technically in possession of an NFA item illegally...until the Form 5 is approved...or am I looking at it wrong?

My understanding is that the executor is allowed to possess the NFA item until the stamp come back via the Form 5.

Example: your brother John is executor, you list nephew Sam in the will to receive the suppressor. John can possess the supresor until the paperwork come back.

Yes, I have a trust. That way I can share the suppressor with trusted friends/family. I have given a suppressor to coworkers to take deer and PD hunting.

One coworker has access to a suppressor fron his dad's trust. But wanted a 2nd on a deer hunt for himself and his son. I actually approached him about the trust a couple of days after his dad set up his trust. I didn't know about his dad making the purchase.

The other coworker approached me. He has a suppressor . But wanted a 2nd so he didn't have to swap a hot suppressor to a cold gun while PD shooting.

I have my trust paperwork (copies) in a 3 ring binder. If they are ever asked for proof of ownership, they have it in their truck.

I am not a lawyer. This is my understanding from talking with the lawyer that drafted my trust.
 
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.
 
Back
Top