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Lets say I croak...

Discussion in 'NFA Firearms and Accessories' started by bikemutt, Apr 28, 2013.

  1. bikemutt

    bikemutt Well-Known Member

    I have a $200 .22 suppressor which was transferred to my Trust a couple months ago or so. As my dealer explained, it's near impossible to sell a used suppressor unless it's to someone in my state, and they have to wait 6 months just like I did.

    So lets say I croak next week, what would be the simplest way for my survivors to legally get rid of the silencer without the hassle of trying to sell it?

    Can someone just call ATF and they come get it? Turn it over the local PD until my estate is sorted out?

    I'd like to leave a simply instruction like "Honey, if I don't make it back from the gun show, call 999-999-9999 and tell them to come get the little black can in the back of the safe".
  2. hentown

    hentown Well-Known Member

    You croaked. The trust didn't. Don't you have ANY family members who would like to use the can? IF so, include them in the trust and there won't be any transfer at your death, nor will there be any waiting period for anything at your death.
  3. bikemutt

    bikemutt Well-Known Member

    Nope. It's just me and the missus, and she likes 'em loud.
  4. Telekinesis

    Telekinesis Well-Known Member

    You can still sell used suppressors (even to people out of state), you're just not going to get much money off of them because of the wait and possibly having to pay two transfer taxes if the buyer is out of state. If you're just looking to get rid of it and don't care about getting any money for it, I'm sure that if you went on a NFA forum (or even here) and said something like "free suppressor, just pay all transfer taxes" you'd have it sold within a day.

    It's still kind of like selling it, but it would be easier than having to deal with a real sale. If that's not really what you're looking for, I think you can take the can to a SOT and have them destroy it, and then report that the can is destroyed to the ATF and you should be good.

    Also, turning over the can to the local PD would be a bad idea as some might consider the voluntary act of giving it to them as a legal transfer without the accompanying registration...
    Last edited: Apr 28, 2013
  5. giggitygiggity

    giggitygiggity Well-Known Member

    Not trying to hijack the thread but what happens if you die and your NFA items are owned by you and not a trust? Does the ATF come and collect them?
  6. Telekinesis

    Telekinesis Well-Known Member

    No, the ATF will not just show up and take your weapons because they have no right to them. The weapons will transfer to your heirs on a tax free form 5.
  7. Rollis R. Karvellis

    Rollis R. Karvellis Well-Known Member

    You can add me to your trust.
  8. 444

    444 Well-Known Member

    Can't you add one of your shooting buddies onto the trust and when you die, he just comes over and gets it.
  9. bikemutt

    bikemutt Well-Known Member

    I think that's the answer, just add a trusted person to the trust.

    Thank you!
  10. GoingQuiet

    GoingQuiet Well-Known Member

    Your dealer is somewhat wrong. You can sell the device out of state to another FFL/SOT or another FFL and then they can in turn transfer it to someone else.

    Likely? No. Possible, yes.

    Survivors file ATF Form 5.
  11. GoingQuiet

    GoingQuiet Well-Known Member

    If you ask certain gun trust lawyers, yes. When you die ATF comes and takes all your guns.

    In reality, where I operate, people file a stack of Form 5's or Form 4's if they sell them direct from the estate.

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