Legal Question - Inherited Supressor Transfer

[sbmania]

My closest friend recently passed away and left me his guns. Among his possessions was a registered Outback .22 suppressor. My question is how to transfer this suppressor into my name legally after his death. Do I use a Form 4 which will be signed by the Executor of the will and submitted by me to the ATF along with my check for $200? Do I need to include a copy of the will even though the suppressor is not named specifically? Or can I use a Form 5 no tax required transfer? I want to make sure (obviously) that this is done legally so that there is no problem for either me or the executor. What is the simplest and easiest way to handle the NFA paperwork? The suppressor is currently in the possession of the executor since the owner has passed. The suppressor is not named specifically in the will and I am not in any way a family member of the original owner. Any help greatly appreciated!

[JaySmith]

I believe, iAnal, that you must take it to an FFL and hte FFL will submit a form 4 and hold the suppressor for the duration until it's approved, which is between 8 and 14 months last I checked. I believe only an FFL can submit a form 4, not us common folk. And you'll have to pay FFL fee's on top of the $200.

[GunLawyer001]

Silencers are "firearms" but not "guns", so it depends on the wording of the Will.

If he left you all the "firearms" then you probably qualify as an heir/beneficiary and are exempt from the $200 tax.

Simplest thing is to pay the $200 and do a straight Form 4 directly from the estate to you, assuming he died in PA and you live here.

Otherwise, try the tax-free option and include a copy of the probated Will.

[sbmania]

Thanks Phil!! Actually, the will does not mention guns or firearms at all. My friend apparently communicated his wishes that these items go to me verbally to the executor, but nothing was written down. Does that change anything?

If not, I am assuming I will not need to use an FFL for this transfer and can just have the executor fill out the Transferor section and I fill out the Transferee section and send it to NFA?

[GunLawyer001]

Thanks Phil!! Actually, the will does not mention guns or firearms at all. My friend apparently communicated his wishes that these items go to me verbally to the executor, but nothing was written down. Does that change anything?

If not, I am assuming I will not need to use an FFL for this transfer and can just have the executor fill out the Transferor section and I fill out the Transferee section and send it to NFA?

You're not an heir or beneficiary if your friend didn't mention you, so this is a taxable transfer. If it's in-state you can do a straight Form 4 from the estate to you, and the Executor can hold the NFA firearm while the paperwork is pending.

[knight0334]

I believe, iAnal, that you must take it to an FFL and hte FFL will submit a form 4 and hold the suppressor for the duration until it's approved, which is between 8 and 14 months last I checked. I believe only an FFL can submit a form 4, not us common folk. And you'll have to pay FFL fee's on top of the $200.

I'm pretty sure a non-licensee can submit paper Form 4's, but not E-Form 4's(FFL only). You might be thinking of Form 2's.

[JoshIronshaft]

Yes, PA resident to PA resident, a non-FFL can do a form 4 on paper, I've done a couple. If your transfer crosses state lines you need an FFL involved.

[Rosco the Iroc]

I haven't done one yet so please help me be smarter on this.


Why not?
If the executor says he is a beneficiary why would it not be any less legal then on a will?
The Form 5 nontax only states it is being transferred to a beneficiary of an estate.


From the ATF=
https://www.atf.gov/firearms/docs/tr...tates/download

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.

[knight0334]

I haven't done one yet so please help me be smarter on this.


Why not?
If the executor says he is a beneficiary why would it not be any less legal then on a will?
The Form 5 nontax only states it is being transferred to a beneficiary of an estate.


From the ATF=
https://www.atf.gov/firearms/docs/tr...tates/download

For something to be an inheritance it must be under the legal rules of Intestate Succession(family inheritance) or by Bequest(in a will).

If an estate is distributed by an executor outside of Intestate Succession or Bequest, then it is just a liquidation of assets.

Look at the 6th paragraph down for who is a "lawful heir". Then you have to go to PA's law on Intestate Succession, which only blood or adopted heirs fall within.

[Marlin60]

For something to be an inheritance it must be under the legal rules of Intestate Succession(family inheritance) or by Bequest(in a will).

Can said bequest in a will be listed as... I leave all my remaining, residual property to my good friend and buddy Homer? I wouldn't have to use the actual word firearm, correct?