My dad lost his battle to pancreatic cancer this last week. He referred me to this site in the past. So here I am now. His passion was hunting with me and guns. Everything I have learned came from the 40+ years of collecting and selling he did. I am 30 years old. I have been searching and searching and have not found the info I need... So... He had 2 suppressors. Is there anyway to transfer them to my name now that avoids the cost and time the govt takes to process all the paperwork? We were going to set up a trust prior to his passing but he wasn't well and I wanted to spend time with him without adding extra stress. He left everything gun and hunting related to me in his will.
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Suppressors Suppressor transfer father to son
- Thread starter Bwhnter1983
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- suppressor transfer
Sorry for your loss.
The way I understand it you need to fill out a form 5. Have a class 3 dealer help you. I don't think you have to pay for the $200 stamp again, but you will probably have to wait a year to be approved like any other form 4.
Others on here are much more knowledgeable than I am. They can fill in the cracks I missed.
The way I understand it you need to fill out a form 5. Have a class 3 dealer help you. I don't think you have to pay for the $200 stamp again, but you will probably have to wait a year to be approved like any other form 4.
Others on here are much more knowledgeable than I am. They can fill in the cracks I missed.
You have my condolences.
gmz71 has the right answer. The form 5 is the ATF 5320.5 and should be submitted by the executor of the estate.
This is the link to the forum. http://www.atf.gov/files/forms/download/atf-f-5320-5.pdf
gmz71 has the right answer. The form 5 is the ATF 5320.5 and should be submitted by the executor of the estate.
This is the link to the forum. http://www.atf.gov/files/forms/download/atf-f-5320-5.pdf
Sorry for your loss, man. In my similar experience helping a friend when his father passed, the only way a Form 5 works is when the item is being transferred is from the trust to an individual (his son), whom was a legal heir to the trust, thus no fee. Each non-taxable Form 5 transfer took about 2-3 weeks (this was about a year ago).
When I spoke to ATF for help with this situation, they said that if the item wasn't being transferred from a trust, rather, than from an individual, a $200 Form 4 would be required for each NFA item, which is what your situation sounds like since the items were owned by him individually, not through a trust.
Give ATF a call. They're usually pretty helpful, and they are pretty flexible with "reasonable time" to process NFA weapons transfers after someone passes.
Best of luck to you brother, and may your dad rest in peace.
When I spoke to ATF for help with this situation, they said that if the item wasn't being transferred from a trust, rather, than from an individual, a $200 Form 4 would be required for each NFA item, which is what your situation sounds like since the items were owned by him individually, not through a trust.
Give ATF a call. They're usually pretty helpful, and they are pretty flexible with "reasonable time" to process NFA weapons transfers after someone passes.
Best of luck to you brother, and may your dad rest in peace.
I am sorry for your loss.
I too had to transfer my fathers MG's to myself when he passed. Use the ATF Form 5. They processed two of my forms in 3 weeks.
http://www.atf.gov/files/forms/download/atf-f-5320-5.pdf
Check the third box down on the upper right hand side "Firearm is being transfer to a lawful heir". I know this part may be confusing, the form says "firearm" but if you look under part 1c of the instructions, number 7, you do use this form for silencers.
Best of luck to you.
I too had to transfer my fathers MG's to myself when he passed. Use the ATF Form 5. They processed two of my forms in 3 weeks.
http://www.atf.gov/files/forms/download/atf-f-5320-5.pdf
Check the third box down on the upper right hand side "Firearm is being transfer to a lawful heir". I know this part may be confusing, the form says "firearm" but if you look under part 1c of the instructions, number 7, you do use this form for silencers.
Best of luck to you.
Sorry for your loss. One other thing to add. Go ahead and get them setup in a trust from here on. It'll help in this very situation if it comes up in the future.
Sorry for your loss, but go to
Subguns.com NFA Firearms Discussion Board - Message Index
And post your question.
The Dealers, BATF-E and NFA folks there will start you down the correct path.
The person you spoke to at the ATF is incorrect, one would not have to file a Form 4 and pay $200 in this situation, even if the item wasn't owned by a trust.
See Section 9.5 of the following for details;
https://www.atf.gov/files/publications/download/p/atf-p-5320-8/atf-p-5320-8-chapter-9.pdf
Like others have mentioned the `Application for Tax Exempt Transfer and Registration of Firearm' Form 5 is to be used instead with no cost.
Use the third check box in Section 1, where it says `Firearm is Being Transferred to a Lawful Heir'.
Sorry for your loss Bwhnter1983.
I have had many questions similar and the ATF always seems to have a different answer. Saving this for future reference.
Sorry for your loss man.
Sorry for your loss man.
I agree with this too, I'm just stating what ATF said; whether right or wrong. To me, lawful heir is lawful heir, regardless of whether it's coming from a trust or an individual family member. So it makes complete sense to me that a Form 5 would be the way to go.
Thanks all for the input. I will be on this site more frequently now. The kind and insightful responses sold me. Thanks again.
Every time I see or hear of someone losing the fight I remember all my close friends who lost. It makes me wonder why I was able to survive when I was diagnosed with cancer three years ago.
Your family will be in our prayers.
It has always been my understanding that the Form 5 will allow you to take legal possession of any NRA item without tax. Good advice to go to subguns.com as there are many SOT holders on there and may be one in your area that will help you.
Your family will be in our prayers.
It has always been my understanding that the Form 5 will allow you to take legal possession of any NRA item without tax. Good advice to go to subguns.com as there are many SOT holders on there and may be one in your area that will help you.
Lost my grandfather to pancreatic cancer, and my father to cancer as well. Have a good friend/neighbor who is now fighting a long slow battle with it; so sorry to hear. I just assume it will come for me one day too, so I set everything up in a trust from the start. Hopefully with the advice you receive here you can have the items transferred legally to you.
God bless and keep you and your family through it all, he certainly has mine.
God bless and keep you and your family through it all, he certainly has mine.
Sorry for your loss. My mom passed away Oct 27. While the pain dulls, the void still remains.
On Monday I just mailed a check to my lawyer for setting up our trust. My father has a few cans and we figured we should get things tightened up a bit. Make sure you contact a qualified lawyer and take the time to do it right and put a trust together.
On Monday I just mailed a check to my lawyer for setting up our trust. My father has a few cans and we figured we should get things tightened up a bit. Make sure you contact a qualified lawyer and take the time to do it right and put a trust together.
Sorry for your loss, God Bless. I hope you get the transfers and trust setup and don't experience any more stressors.
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