NFA Questions for NFA Dealers

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JWF III

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To clarify where these questions are coming from, I am no dealer, and as much as I'd like to own a shop (as would many other forum members), unless I win the lottery, I will not be going into this business. I just know that I'd have to own at least one of everything (heck I'm trying as it is). These questions are just coming out of curiosity.

Alright this is something that I've been wondering for a while. I know some things about NFA, but I'm no expert. So in getting to the question, if I'm wrong, please correct me.

First-Any NFA weapon can be willed to a family member upon death of the owner. (Or can it be willed to anyone legal to own such?)

Second- A Class III FFL Dealer, upon non-renewal of the FFL, can retain ownership of all pre-86 firearms, both transferable and dealer samples (pre-86). Any post-86 samples must be sold to another Class III FFL, or forfeited.

Questions are-
#1- Can the NFA weapon be willed to anyone? Or is it just family? (Assuming they're legal to own such.)
#2- Does said dealer have to pay the $200 tax for each weapon he/she retains? (My guess is only transferable weapons. If that.)
#2b- Does this now make the pre-86 dealer samples transferable? (My guess is no.)
#3- Can said dealer will the pre-86 dealer samples, just as they would the transferable weapons? Or can they only go to other Class III FFL holders? (My guess is the latter.)

Wyman
 
#1- Can the NFA weapon be willed to anyone? Or is it just family? (Assuming they're legal to own such.) Short answer, Yes. I recommend using a Revocable Living Trust as they will avoid paying the $200 transfer fee and the firearms will automatically pass over to them. Any beneficiary can also keep in possession, use, and hold just as legally as the grantor of the trust. Also Living Trusts avoid the court system and are never made public unless you outline it in the instructions.
#2- Does said dealer have to pay the $200 tax for each weapon Dealers pay a $200/yearly subscription fee for their CLIII firearms license[/COLOR]
#2b- Does this now make the pre-86 dealer samples transferable? (My guess is no.) Dealers can have Dealer samples and when they drop their license can keep them for as long as their natural lives allow. But they can only be sold to .gov/authorized end users or other CLIII dealers. Same goes with Post 86 samples but those are a little more tricky as they require a signed LEO request letter to obtain them from the manufacturer but it can and is done.
#3- Can said dealer will the pre-86 dealer samples, just as they would the transferable weapons? Or can they only go to other Class III FFL holders? (My guess is the latter.)No as the "Dealer" does not actually own the firearm but is a custodian of the inventory.

Not an "NFA Dealer" but hope that helps.

:)
 
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