Guess who is getting a supressor?

Discussion in 'NFA Firearms & Related Items' started by Vladimir, Oct 30, 2011.

  1. Vladimir

    Vladimir New Member

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    In a long time... Apparently part of the federal law is that you have to will your supressor to someone. One of my dad's buddy's at work is getting into target .22 shooting and bought a setup with a supressor and decided to will it to me :D.
  2. ofitg

    ofitg New Member

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    I never heard of a federal requirement to bequeath a suppressor, or any other "ATF Form 4" item..... I've done a couple of ATF 4's, and there was no mention of any heir.

    The last I heard, it was possible to own a suppressor in WA, but state law forbids you to actually use it.
  3. Vladimir

    Vladimir New Member

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    Weird a lot of what I have heard from it doesn't add up to what I have heard either? Maybe it has to do with the dealer he is getting it from or something. Or maybe it could be some WA law?

    He is a cop so... I know that doesn't mean much by itself but he is at the very least got someone around that knows the details.
    Last edited: Oct 30, 2011
  4. Grizz

    Grizz Member

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    nice! either way very nice!
  5. 436

    436 New Member

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    Vladimir,
    I was both a Police Officer (25 years) and the owner of a manufacturing company (15 years) who designed & manufactured suppressors, parts OEM as well as selling class 3 weapons. There is no way any suppressor can be bequeathed to another in the US. End of story. If you have it in your possession, you'd better have the transfer BATF paperwork and license with it.
    Don't be foolish and get caught with that “can” in your hands with out the proper licensing. The Fed's don't screw about with people that play with that stuff illegally.
    Call BAFT Enforcement or better Compliance.
    Good luck
    436
    Last edited: Dec 29, 2011
  6. 3/2 STA SS

    3/2 STA SS Active Member

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    Do like most people and don't tella soul you have it.
  7. berto64

    berto64 Active Member

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    ME! Am I right? Huh, am I?
  8. StoneChimney

    StoneChimney New Member

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    Wow, a lot of misinformation going on here. We are currently licensed Class II Manufacturers (NFA weapons) and deal with Title-II issues on a daily basis.

    There is no federal requirement to name a successor for any NFA firearm (a suppressor is considered a firearm). You CAN bequeath a currently-registered NFA firearm to an heir in your will, however, the transfer occurs between the estate and the heir on an ATF Form 5. All of the same requirements as a standard Form 4 transfer must be met such as the law enforcement signature, fingerprint cards, etc, but the transfer on the Form 5 is tax-free. A new "tax stamp" will be issued, but no $200 tax would be paid.

    A much better way to do this is for the original owner to have purchased the NFA firearm using an ATF-approved trust, and this may be what the original poster is referencing. The trust is the registered owner of the NFA firearm and if the heir is a listed beneficiary of the trust there is no transfer involved. The trust maintains ownership of the NFA firearm and the beneficiary is now using it. Note that any further transfer, like into the beneficiary's own family trust, would be on a Form 4 and require the transfer tax.

    IF the NFA firearm was unregistered to begin with it does not matter about wills or estates or anything else. The firearm is contraband.
    Last edited: Dec 30, 2011
  9. 436

    436 New Member

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    Agree, good info, the bottom line is; it has to have paper work. One person (privet owner} transfer to anther (privet owner) is the same type paper process, in the end the recipient better have the tax stamp and paper work as a privet owner to take possession of the suppressor.
    Also, you need to know that Enforcement and Compliance don't seem to run on the some tracks, one will tell you (Agent) one thing and the other (Agent) will tell you just the opposite, get everything in writing from BAFT representatives. This area of the Federal Law has a lot of explanations or conceptualization in it, and changes seem to be very frequent with them, without reason or logic… it’s a political hot potato in any form of the Government, especially a liberal one.
    Good luck.
    436
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