Strange Question...What to you NFA firearm if you pass away?

[nwilliams]

Strange question of the day

I'm in the process of getting my IMI Uzi SBR'd and as you can imagine I have lots of questions. However I have one weird on in particular.

In general if someone owns an NFA firearm and that person passes away what happens to that firearm?

Actually now that I think about it this could be a two part question......

Part 1:
Let's say hypothetically a relative passes away and they have a gun collection. You are given the gun collection because you're the only other person in the family who collects firearms. You discover that in the collection there is a registered SRB firearm. What do you do with it? If you take possession of it you are breaking the law so do call the police and have them confiscate it?

Part 2:
If I own an SBR and something happens to me could a relative get in trouble if they inherit my gun collection and don't realize the laws surrounding SBR's? If I passed my gun collection would go to my parents most likely since I don't have a wife or kids. My parents are not at all into guns and no nothing about gun laws, could they potentially be breaking the law if they took acquisition of my gun collection and a registered SBR was in the mix? Should specific instructions be left so that they know how to properly handle the SBR to avoid breaking the law?

Granted I don't plan on dieing anytime soon but in this crazy world you risk death walking out your front door. Once I get my Uzi SBR'd should I leave specific instructions on how to deal with it in the event something happens to me.

 

[BADUNAME37]

I think your last sentence sums it up nicely.
Find out what the law is and then somehow make sure that document (detailing just what the person on the receiving end is supposed to do) is with the gun in some way (in a case would be best).

My wife has a laminator (laminates paper between sheets of plastic). Staples will do it for you. Make up just what you want and have it laminated to keep with the gun.

 

[danbrew]

It's called a will. You need one because of the last statement in your post.

You can then direct the contents and/or proceeds of your estate where you'd like (and if you're looking for an adoptive father that likes kids with guns, give me a call...!).

If you die without a will (intestates, to die without a will), your estate will be carved up according to the laws of your state - and your stuff may not go where you'd like it to go.

Any NFA items may be transferred tax free on a Form 5 to an individual that is a heir in the will. If the items go elsewhere, they go on a tax paid Form 4. The executor of your estate will need to transfer the NFA items in accordance with current ATF regulations.

Ask around on subguns.com and you'll likely find some references to attorneys with NFA experience that can help.

Yes, btw, somebody would be in trouble if they took possession of an NFA item and it wasn't registered to them - although ATF has been known to be pretty flexible in the case of estates. I don't think they'd pound down the door at your parents unless there was some indication that they knew they were violating the law and might be prohibited persons.

It might just be easier to name me in your will...!

 

[divemedic]

My NFA weapons are in a trust. My son is the beneficiary of the trust.

 

[mboylan]

deleted

 

[Yosemite Sam]

Just curious, but is it recommended to specify serial numbers in one's will/trust?

 

[divemedic]

You put that on schedule A of the trust. You have to, because the trust owns the item, not you.

 

[SeekHer]

You must specify completely with a full description and S/N...You can't really say give the Uzi to Uncle Bert because the lawyers and probate judge won't know what an Uzi is...But if you say the 12" barrel black sub machine gun marked Uzi with S/N xxxx1, collapsible stock and bearing ATF tax stamp etc. there is no question as to what it is...

I have mine listed as above and to whom it shall go for every piece of my goods...I had the kids come in and pick what they wanted, label it, record it and give it to me so that there wouldn't be any squabbling afterwards...Some pieces were being contested but I settled that but a lot of the collection is already in some of the museums and say "on loan from" and that will be changed to read "bequeathed from the estate of" as they'll get them all and we'll get an excellent tax break on the Capital Gains and Death Taxes...

After all that, check with a lawyer and get a will made up...a basic, no frills, everything goes to my ??? will run you maybe $100 to $150...

There are will kits available online and in lots of the big box stationery stores that filled out only require a notary to verify your signature--mine charges $25 to put his stamp on anything...