What are the rules on inheriting a NFA firearm?

E

EdInk

New member
I was curious as to what the laws are about inheriting a legal NFA weapon from a family member? Does the person inheriting have to re-register it? Pay another tax stamp? Legal to do at all? Does it just "become your's" like a regular firearm?
 
I am not an expert but I believe you need to pay $200 for a stamp. One of the reasons people own their guns in a trust is there is no need for another stamp if the person inheriting the gun is in the trust. The answer is no and yes.
 
No fee for transfer to an heir. On death of an owner, the executor takes possession and BATF allows a "reasonable period of time" to apply for transfer to the legal heir. It is done on a Form 5 and there is no fee for a Form 5. The firearm may NOT be given to a dealer or anyone other than the executor to handle the transfer.

By the way, if the weapons are owned by a trust, they cannot be transferred to an heir since the trust is itself a legal entity and can survive the original owner. Ownership remains with the trust, so if you form a trust, be sure it's done properly.
 
I am not sure if that is correct the tax stamp I have has my name on it as the owner, the BATF will need to issue a new tax stamp for the new owner @ a cost of $200. I may be wrong but I am pretty sure that is the way it works.
 
a friend of mine has been going through this. his dad passed and left him a FA uzi.
you just file the paperwork with the ATF. no need to pay the tax.
 
Thanks for that info, I was considering forming a trust and putting m guns in the trust which would have required buying $600 worth of stamps for the same guns I already paid for. I thought it will simplify inheritance issues, this discussion may have saved me $600
 
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