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As mentioned tax-free form 5 to a lawful heir...

Posted By: Toad
Date: 7/7/20 02:42

In Response To: NFA transfer after death (Wayne in Wyo)

and as far as I know this is one of the only situations where the items can transfer directly to a lawful heir in another state(using the tax-free form 5) without an FFL involved.

The executor/administrator of the estate can fill out the form 5 and sign as the transferor(make note that they are executor) and when the form is sent in, they need to send in some proof(a letter, etc.) that shows that they were appointed executor/administrator-I believe he needs to send in a copy of the death certificate too.

As for taking possession while the transfer is happening-that is tricky since the son lives out of state. The regular non-NFA are fine to take home with him, but I think the NFA stuff should probably stay in the state where they are registered until the transfer happens.

One more thing-what kind of SBRs are we talking about?? If they are ARs, he could just turn them into non-SBRs by separating the short uppers from the lowers and notifying ATF that they are no longer configured as SBRs and to make a note of that in the Registry.

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