I've always wondered about this.
Scenario: Let's say someone with an NFA item dies and leaves their entire estate to their children. Now, let's say the children are unable to have the transfer done due being younger than 21. However say that this person would hate to forfeit the NFA item. Is it possible to have this on hold in the keeping of a trust, etc. ?
I wish I had family members as into firearms as me (not that I'm suggesting I want something bad to happen to my family, quite the contrary), but more so I am curious as to how picky the ATF is with issues along these lines.
Good question. I also would like to hear others opinions.
But what I did was leave my trust set up too go too my niece who is over 21.
Then too her kids.
I dont think??? you can leave the weapons too children without a trustee holding the weapons until they are of legal age in your state.
Good question. Not really sure?
All I could find on it states they will not transfer to an heir if it violates federal law, so under 21 they couldn't be put directly in their name tax free as a normal inheritance even with a trustee. What you would have to do is leave it to someone or some legal entity such as a trust or whatever that could later transfer them Tax Paid to your heirs or give them control of the trust after 21.
ATF NFA Handbook: http://www.atf.gov/publications/down...-chapter-9.pdf
9.5.3 Distribution of estate firearms. A decedent’s registered NFA firearms may be conveyed taxexempt
to lawful heirs. These distributions are not treated as voluntary “transfers” under the NFA.
Rather, they are considered to be involuntary “transfers by operation of law.” Under this concept, ATF
will honor State court decisions relative to the ownership and right to possess NFA firearms. So, when
State courts authorize the distribution of estate firearms to decedents’ lawful heirs, ATF will approve the
distribution and registration to the heirs if the transactions are otherwise lawful. 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.
18.104.22.168 Distributions to heirs. Although these distributions are not treated as “transfers” for
purposes of the NFA, Form 5 must be filed by an executor or administrator to register a firearm
to a lawful heir and the form must be approved by ATF prior to distribution to the heir. The
form should be filed as soon as possible. However, ATF will allow a reasonable time to arrange
for the transfer. This generally should be done before probate is closed. When a firearm is being
transferred to an individual heir, his or her fingerprints on FBI Forms FD-258 must accompany
the transfer application. The application will be denied if the heir’s receipt or possession of the
firearm would violate Federal, State, or local law. The law enforcement certification on the form
need not be completed. The form should also be accompanied by documentation showing the
executor’s or administrator’s authority to distribute the firearm as well as the heir’s entitlement
to the firearm. Distributions to heirs should not be made until Forms 5 are approved. Executors
and administrators are not required to have estate firearms registered to them prior to distribution
to lawful heirs.
Ok, so since the state would not technically be transferring the item by holding it in a trust, then it would appear that you wouldn't be up a creek. At least not in a red state..... :rolleyes:
If you have a properly structured NFA trust so that beneficiaries of the trust that can not legally possess items in the trust can not be given possession of those items by the Trustee then, a trust satisfies this. You also have to include verbage that removes a Trustee if they loss their right to possess the items as well.
Originally Posted by Singular idea's
For it to work, your successor Trustee(s) must be trustworthy after you are gone.
In at least one state (Missouri for sure), a trust can not directly hold NFA weapons.
Disclamer - I am not a lawyer and this is not legal advice.