Help needed.

[Mcswack]

Received a call from a young lady who is an executor of an estate where the deceased had a legal (with tax stamp) silencer. Can anyone assist on the procedure to sell/transfer this device legally? Who has to maintain possession and how is the transfer process started? Said lady has not a clue on this procedure, nor do I, so any knowledge on this subject will be greatly appreciated. McSwack

 

[Bartholomew Roberts]

She may need to speak with an attorney in her state regarding any special requirements of state law or state law issues that may effect the transfer. This link (http://www.titleii.com/bardwell/atf_decendents_estates.html) discusses the federal requirements for transferring an NFA item from a decedent's estate; but it is dated 1999 so there may be additional updates to what is written there. It should give you a good start though.

 

[Aaron Baker]

Please post what state you are in.

My understanding, although limited, is that the ATF is comfortable with the executrix of an estate maintaining possession of the NFA item while the Form 5 is pending. A Form 5 is the transfer form from the ATF for a tax-free transfer from the estate to whoever is inheriting the item. Hopefully there was a will that specified who should get it.

Aaron

 

[Bubbles]

Actually we need to know what state the deceased was in.

OP can also have the executrix contact the local ATF field office for a referral on a local FFL/SOT to help with the paperwork and process.

 

[dprice3844444]

http://www.atf.gov/press/releases/1999/09/090599-openletter-nfa-estate-transfers.html