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Thread: NFA Trust - So many questions -

  1. #21
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    Quote Originally Posted by olstyn View Post
    My wife asked me this question a few weeks ago, specifically in regard to what would happen to her father's collection of guns upon his death (he's in good health, but better to consider this stuff ahead of time) and I wasn't really sure what to tell her. I'm thinking it's a great big wide open "maybe."
    It depends on state law, but under federal law, a transfer of non-NFA firearms under a will is generally exempt from the interstate transfer limitations. See 18 U.S.C.A. § 922(a)(3), (a)(5).

    NFA firearms may be transferred tax free in these instances on a Form 5, but the provisions of the NFA otherwise apply to the transfer.

    Note that only the actual bequest or transfer by intestate succession is covered. For example, if the father leaves everything to his wife, but then the wife gives the firearms to a child, only the first transfer is likely subject to the exemption (not getting into the law of disclaimer).

    Again, this is not legal advice and no attorney-client relationship is expressed or implied by this post.

  2. #22
    Member olstyn's Avatar
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    Sep 2014
    Location
    Minnesota
    Quote Originally Posted by joshs View Post
    Again, this is not legal advice and no attorney-client relationship is expressed or implied by this post.
    Thanks for chiming in. It is faintly ridiculous that attorneys have to make disclaimers like that when providing even fairly basic information, but I guess that's how the world is.

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