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Thread: Form 5, tax exempt transfers, and estate planning...??

  1. #1

    Form 5, tax exempt transfers, and estate planning...??

    Anyone here familiar with the form 5, and associated paperwork?

    Iíve decided to get some paperwork in order so that *if* something should happen, I donít leave anyone in a bind, while at the same time making sure stuff goes to an appreciative recipient rather than the state police shredder. . Hasnít been on my radar. but Iíve been doing some pondering of late, and decided to be proactive.

    I donít have access to a local attorney thatís versed in NFA stuff, and so want to make sure thatís taken care of in one fell swoop with regard to a will.

    It should all be fairly simple, and straight forward, Iím just trying to make sure I know what exactly Iím looking at before I go talk to the local attorney so I can be clear about what I want done.


    Somehow, somewhere, I got the impression that a form 5 can only be used for transfer to an heir, within the state. Now, a brief glance at the ATF website, and form 5...I donít find anything that would indicate thatís so. If thatís the case, Iíll need to sort that out as the intended beneficiary lives out of state. Either way, need to talk onsomeone that knows what the scoop is, so that I can intelligently direct the local attorney an what theyíll need to do.

    Thanks.
    Last edited by Dan_S; 10-09-2018 at 11:16 PM.
    Fredís Principle: The smartest of a large number of hamsters is still a hamster.

  2. #2
    Member DMF13's Avatar
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    18USC922(a)(5):
    It shall be unlawful for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
    (emphasis added)
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    "Whom shall I send, and who will go for us?" Then I said, "Here I am. Send me." - Isaiah 6:8

  3. #3
    Quote Originally Posted by DMF13 View Post
    18USC922(a)(5):
    It shall be unlawful for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
    (emphasis added)
    Big words at this time of the day are confusing.

    Looks like a form 5 transfer to an interstate beneficiary is indeed ok...? Or am I missing the mark?
    Fredís Principle: The smartest of a large number of hamsters is still a hamster.

  4. #4
    Member DMF13's Avatar
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    https://www.atf.gov/firearms/docs/tr...tates/download

    "The firearms may be transferred on a tax-exempt basis to a lawful heir. The executor would apply on ATF Form 5, Application for Tax Exempt Transfer and Registration of a Firearm, for a tax-exempt transfer to a lawful heir. A lawful heir is anyone named in the decedentís will or, in the absence of a will, anyone entitled to inherit under the laws of the State in which the decedent last resided. NFA firearms may be transferred directly interstate to a beneficiary of the estate. When a firearm is being transferred to an individual heir, his or her fingerprints on FBI Forms FD-258 must accompany the transfer application. However, if any Federal, State or local law prohibits the heir from receiving or possessing the firearm, ATF will not approve the application." (emphasis added)

    Rather than merely take the word of someone anonymous person on the internet, you may want to call your local ATF office to confirm, and ask to speak with someone in Industry Operations, not Criminal Enforcement. The Inspectors in Industry Operations handle the regulatory portion of ATF, licensing, inspections, etc, the Crim Enforcement Special Agents investigate violent people committing crimes. So the Industry Operations people are the ones who can help. Better yet, consult with an attorney that has experience in the applicable federal and state statutes.

    My guess is your confusion on this matter stems from mixing up two different issues: 1) interstate transfers of firearms is Gun Control Act matter (in Title 18 of the US Code), and 2) transfer/registration of National Firearms Act firearms are a tax issue (NFA, in Title 26 of the US Code).
    Last edited by DMF13; 10-10-2018 at 10:04 AM.
    _______________
    "Whom shall I send, and who will go for us?" Then I said, "Here I am. Send me." - Isaiah 6:8

  5. #5
    Thanks. That clears it up.

    Hadnít occurred to me to call ATF, oddly enough. Thanks for the suggestion on that as well.


    Called the local ATF office, who referred me to the NFA branch.

    NFA branch confirms that a form 5 is good to go for interstate transfers.
    Last edited by Dan_S; 10-10-2018 at 02:41 PM.
    Fredís Principle: The smartest of a large number of hamsters is still a hamster.

  6. #6
    Member DMF13's Avatar
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    You're welcome. I'm glad ATF was able to help you out.
    _______________
    "Whom shall I send, and who will go for us?" Then I said, "Here I am. Send me." - Isaiah 6:8

  7. #7
    Supporting Business Hansohn Brothers's Avatar
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    Yes, the form 5 can be used interstate. Complete the form 5 and keep with your estate documents.

    ATF NFA Division: (304) 616-4500.

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