[Bubbles]

Estate Planning Info (http://paelderestatefiduciary.blogspot.com/2007/09/i-bequeath-my-machine-gun-to.html) if you own NFA toys. Very good read, with links to info that should be printed out and kept with your estate planning documents. Even if you have a Will, if your executor isn't familiar with NFA laws he may inadvertently turn a transferrable mg into contraband.

[wdlsguy]

Also the following: Transfers of National Firearms Act Firearms in Decedents' Estates (http://www.atf.gov/press/breakingnews/fy01/bn_aug0999b.htm).

[MD_Willington]

Can't that be avoided by new NFA owners by going the "Trust" route...

I mean if all of your family members are part of the Trust, then the hardware stays within the Trust... right?

[RoadkingLarry]

I Bequeath My Machine Gun...

Ooh! Ooh! pick me pick me!

(sorry couldn't resist)

[Sistema1927]

It is too bad that our laws are written by lawyers....... :fire:

[Jim K]

I checked one time and BATFE told me that an NFA item could not be registered to a trust unless that trust is a corporation. If it is of real interest, and the question is not answered elsewhere, write BATFE HQ for a definitive answer.

BTW, make sure your heir designate has no impediment to owning a machinegun (criminal record, mental incapacity, etc.) and that the CLEO in your area will sign off. There have been problems in both areas with estate transfers. I believe there may also be a problem if the executor cannot legally possess the gun, since he is technically the one requesting the transfer, but again, BATFE can answer that question.

Jim

[W.E.G.]

Can't that be avoided by new NFA owners by going the "Trust" route...

... or better yet a corporation where the decedent is the primary shareholder, who by his will bequeaths all his shares to a surviving person or entity which is already an agent of the corporation, and who may lawfully possess the NFA item even prior to the death of the primary shareholder.

[strat81]

Corporations aren't hard to set up at all. Any competent CPA or attorney can do it, the average joe can too if he knows the forms to get and where to send them.

[zoom6zoom]

ATF approves Form 4's to trusts all the time, so I'd say they are good to go.

[ServiceSoon]

ATF approves Form 4's to trusts all the time, so I'd say they are good to go.

They approved mine. I also have a letter from an attorney confirming trust are a prefectly legal way to obtain title II weapons.

I have noticed that the BATFLMNOP request you to do things that aren't necessarily in the law. Its like they are making up rules as they go. Go figure, tyranny at its best.

[wdlsguy]

9.5.3.1 Distributions to heirs. Although these distributions are not treated as “transfers” for purposes of the NFA, Form 5 must be filed by an executor or administrator to register a firearm to a lawful heir and the form must be approved by ATF prior to distribution to the heir. The form should be filed as soon as possible. However, ATF will allow a reasonable time to arrange for the transfer. This generally should be done before probate is closed. When a firearm is being transferred to an individual heir, his or her fingerprints on FBI Forms FD-258 must accompany the transfer application. The application will be denied if the heir’s receipt or possession of the firearm would violate Federal, State, or local law. The law enforcement certification on the form need not be completed. The form should also be accompanied by documentation showing the executor’s or administrator’s authority to distribute the firearm as well as the heir’s entitlement to the firearm. Distributions to heirs should not be made until Forms 5 are approved. Executors and administrators are not required to have estate firearms registered to them prior to distribution to lawful heirs.

http://www.atf.gov/firearms/nfa/nfa_handbook/0607nfa_handbook-rev.pdf

[gezzer]

Even if you have a Will, if your executor isn't familiar with NFA laws he may inadvertently turn a transferrable mg into contraband.

Easy fix do not pick an incompetent to be your executor.

[ServiceSoon]

Easy fix do not pick an incompetent to be your executor.

Easier. I did the following to make the executors job easier. I wrote a letter explaining current NFA laws and attached it to the trust document and approved form 4 with tax stamp.
I enclosed copies of all relevant forms (ex: interstate transfer, form 4 & form 5). I provided the addresses to a few NFA dealers. I provided the name and address of the attorney that helped me create this document. Even Mickey Mouse could struggle through this.

[Hkmp5sd]

I checked one time and BATFE told me that an NFA item could not be registered to a trust unless that trust is a corporation.

I know of several people that have created Living Trusts using Quicken and then used that Trust to obtain NFA items.