When I die...do I take my suppressor with me?

Joined
May 13, 2014
Messages
161
I have a Suppressor. It is not in a trust. I bought it as an individual. So after I die what is supposed to happen to my suppressor?

I have a similar issue regarding a SBR, if I put it together I have the same question.
 
Welcome to THR. :)

From ATF - https://www.atf.gov/firearms/docs/t...earms-act-firearms-decedents-estates/download

For registered NFA firearms in the estate, the executor should take action as soon as possible to arrange for the proper registration of the firearms ... we do allow the executor a reasonable time to arrange for the transfer of the registered firearms in a decedent’s estate. This generally should be done before probate is closed.​
It is the responsibility of the executor of the estate to maintain custody and control of the firearms and to transfer the firearms registered to the decedent ... The firearms may be transferred on a tax-exempt basis to a lawful heir. The executor would apply on ATF Form 5, Application for Tax Exempt Transfer and Registration of a Firearm, for a tax-exempt transfer to a lawful heir.​
A lawful heir is anyone named in the decedent’s will or, in the absence of a will, anyone entitled to inherit under the laws of the State in which the decedent last resided. NFA firearms may be transferred directly interstate to a beneficiary of the estate. When a firearm is being transferred to an individual heir, his or her fingerprints on FBI Forms FD-258 must accompany the transfer application. However, if any Federal, State or local law prohibits the heir from receiving or possessing the firearm, ATF will not approve the application.​
ATF Form 4 is used to apply for the tax paid transfer of a serviceable NFA firearm to a person outside the estate (not a beneficiary). ATF Form 5 is also used to apply for the tax-exempt transfer of an unserviceable NFA firearm to a person outside the estate. As noted above, all requirements, such as fingerprint cards for transfers to individuals and compliance with State or local law, must be met before an application may be approved ...​
 
As explained in LiveLife's post, just name who you want to get it in your will. Simplifies everything for everyone. I've a fair number of SBRs and suppressors and each is named to go to a friend or relative when I pass.
 
just name who you want to get it in your will.
If you do not have a will (the term-of-art is "intestate") most States' (they each vary) Probate Court will appoint an Executor who will dispose of the decedent's property per the States' guidelines for such things, any monies or profits will then be distributed per State rules.
 
(The following discussion applies to all NFA items, not just suppressors.)

They transfer tax-free to a lawful heir, using the ATF Form 5. A will is not necessary.
If you do not have a will (the term-of-art is "intestate") most States' (they each vary) Probate Court will appoint an Executor who will dispose of the decedent's property per the States' guidelines for such things, any monies or profits will then be distributed per State rules.
Technically, the person in charge of an intestate estate is an "administrator." For it to be an "executor" there has to be a will to be "executed." But you don't have to go through probate at all if the property passes through alternate means ("testamentary substitutes"). The supporting documents for a Form 5 can be other than probate documents. (For example, an excerpt from a state law that says that, in the absence of a will, the property automatically goes to the surviving spouse.)
 
Back
Top