Gunmetal Posted April 20, 2015 Share Posted April 20, 2015 I was told this weekend that if I don't have my SBR in a living trust that once I die the gun goes to the Government. It can not be passed along to a family member with out this in place. Is this true? No one said anything about this to me when I got my stamp. Supposedly I will have to file for another stamp on the same gun with the trust attached. Link to comment Share on other sites More sharing options...
RangerTrace Posted April 20, 2015 Share Posted April 20, 2015 My understanding is they can keep it, they just have to pay for another tax stamp. With the Trust, you don't have to do that. Link to comment Share on other sites More sharing options...
Gunmetal Posted April 20, 2015 Author Share Posted April 20, 2015 I've heard $200 for another stamp but that does not include lawer fees. Does anyone know of a ATF document that addresses this topic? Link to comment Share on other sites More sharing options...
dauntedfuture Posted April 20, 2015 Share Posted April 20, 2015 There is a no-pay stamp if and when you inherit an NFA item. I don't recall what form that is. You can transfer a NFA item that you manufactured to another person on a FORM 3 or 4, so if I made a SBR and sold it to you it could be done if we worked through a NFA dealer. If you have an item in your name and want to put it into your trust then you would have to pay another 200 to transfer it from you to your trust. Link to comment Share on other sites More sharing options...
EkuJustice Posted April 21, 2015 Share Posted April 21, 2015 It transfers to an heir tax free on a form 5. The big advantage to a trust is others can be in possession of the item without you there. If it's done as an individual I would leave it as such. Any time a transfer occurs without both sides having an SOT it's a tax stamp. If you sell one instate you don't go through a dealer. A form 4 is submitted along with the 200 bucks and when it's done If is mailed to seller who delivers it and the gun to buyer. If it's going out of state I has to go to a dealer in the buyers state which is 1 tax stamp and then from that dealer to the buyer which is a second. Here is a link to the info on how it works with an heir inheriting it https://www.atf.gov/press/releases/1999/09/090599-openletter-nfa-estate-transfers.html Link to comment Share on other sites More sharing options...
Mickster Posted April 21, 2015 Share Posted April 21, 2015 EkuJustice, Quick what if question. If I ditch the 11" barrel on my registered AR SBR and replace it with an 18" barrel, is it still an SBR subject to the rules you outlined above? Link to comment Share on other sites More sharing options...
ropsitos Posted April 22, 2015 Share Posted April 22, 2015 Not eku, but it's still an SBR unless you ditch the short barrel and then notify the ATF that it's no longer an sbr. I believe on the atf site about sbr's and tax stamps they call out such. Link to comment Share on other sites More sharing options...
dddoo7 Posted April 22, 2015 Share Posted April 22, 2015 (edited) No notification is necessary, but they do recommend it. You can switch back and forth between long and short barrel without any issues. Transfer is tax free via form 5 upon your death. The executor of the estate can be in possession of any NFA items until the form 5 clears. Just make one of your kids executor in my opinion. All of this can be found in the NFA handbook. It is boring, but a necessary read if you are going to own NFA items. https://www.atf.gov/content/firearms/firearms-industry/guides/publications-firearms-national-firearms-act-handbook Edited April 22, 2015 by dddoo7 Link to comment Share on other sites More sharing options...
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