Armory Sponsor
Posted: 12/3/2006 3:11:55 PM EDT
| I am making up a info pack on how to transfer NFA items that are in my trust to the persons who will recieve my NFA items. I notice on the form5 that you need a CLEO sign off for individual transfer which this will end up being. 2 of these persons live in Jefferson Parish and Harry Lee will not sign off for the common folks. So what happens if you can not get a sign off on a form 5. It will not be my problem because I am dead but I like to make things easy for the living. |
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An ATF Form 5 is for a tax exempt transfer. They only transfer to individuals, no trust or corp. If your CLEO won't sign I think you are out of luck for using a Form5 since there is no option to transfer the said NFA items into a NEW trust or corporation. They go to an individual(if submitted w/ a F5). I think you have the option to transfer on a F4 to the heirs(even if you are croaked) however they would have to pay the transfer tax and transfer it to a trust(to bypass the CLEO signoff). I am dealing with the same issues in setting up my will and this is what I have discovered. -TS |
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If you are talking about transfers out of your Trust, to the Beneficiaries (re: individuals) of your Trust, then you would use a Form 5, and it would be a tax exempt transfer. The Law Enforcement Certification on the back of an ATF Form 5 is not required for the transfer to a "lawful heir". All other supporting documentation would have to be included with the transfer though - copy of the death certificate, print cards, cert of compliance, copy of the Trust showing the intended beneficiary, etc... If you are leaving different weapons from your Trust, to different beneficiaries of the Trust, be sure they are clearly listed as such. It would be a good idea to have your Will coordinate with your Trust, just to avoid confusion. Weapons that are being left to "lawful heirs" can also be transferred direct Interstate, without having to go through a licensed NFA dealer. Dan Pinckney. |
The only place I have seen it in print is the Bardwell NFA FAQ page. I addressed quite a few questions with ATF counsel about Trust/Estate transfers, and this happened to be one of them. It has to do with the laws governing the dispersion of Estate property, and the fact that a CLEO can not deny (which is essentially what they would be doing by not signing the form) the transfer of the heirs property. <--- the short version of it anyway..!!!  To add a little more to the original question, if your heirs live in LA at the time of your death, they would also need to file for and obtain a Louisiana State permit. LA is somewhat unique in not only having a permit for transfer of NFA weapons, but also one for the registration of them. Dan Pinckney. |
| Thanks for the answer, Dan. I plan on having a packet made for each NFA item in my trust. I will have all the state permits, federal forms prefilled with as much data as I can filled and a detailed check list. My wife knows of my plans and where I will keep my trust and my packets. I will go over all the paper work with the persons who are named in my trust. Once a year I will check to make sure all the forms and permits are current. |
Is there any chance of getting the instructions clarified on this point? Also, it would be great if we could get some trust-centric language added to the instructions alongside the estate-centric language. |
Armory Sponsor