Suppressors....individual or trust?

[Crow Terminator]

Since the laws changed earlier this year, which way is the best route to take for getting a suppressor? I will be new to all this excitement. From what I have gathered online, the trust route was the better one to take up til the law changed. Now it sounds like the individual route is the easiest and fastest. But I really don't know. One shop I stopped at said that with Trump taking office in January, that they would really be pushing to have suppressors removed from the BATF list under a Hearing Act and would make it much easier to purchase them. Til then...looks like the red tape and waiting is required to get one. I will likely end up with two before it's all said and done. I would like one for my rimfire guns...this new .22 I have coming and will probably add a .17 HMR or .22 Mag too down the road...most of the good rimfire suppressors will work on them. Then down the road, I will likely have one for a .308 or similar and that should be it for me.

 

[rtaylor]

I did a trust before the new laws but I've heard the same as you that individual is easier. If you're married it still might be a better option to do a trust that way if you kick the bucket your wife won't become a felon if she's on the trust too. I just got mine a few weeks ago and it was well worth the wait.

 

[Crow Terminator]

That brings up a question.

When I do kick the bucket, what must become of the suppressor? Would she have to turn it in or how would that work?

 

[rtaylor]

If she's on the trust it wouldn't matter but I'm not sure what procedure is if you do it as an individual.

 

[Hammer]

I did individual, we don't have kids and my wife is not into the gun habit. When I die pitch them in with me before you close the lid. lol

 

[landman]

That brings up a question.

When I do kick the bucket, what must become of the suppressor? Would she have to turn it in or how would that work?

I was told your wife would have to sell
once you passed.

 

[infoman jr.]

Who worries about what will happen to their stuff when they die?

(I couldn't care less.)

You don't have a will?

 

[TraumaSlave]

Suppressor laws may change in Feb. I'm waiting to see if we don't have to stamp them.

 

[Crow Terminator]

Who worries about what will happen to their stuff when they die?

(I couldn't care less.)

A suppressor is on the banned list for the BATF. To be in possession of one without the tax stamp and paperwork for that exact suppressor in the individuals name, is a federal felony. Meaning if you have one in your name, when you kick the bucket, it becomes an illegal item to anybody in possession of that suppressor (unless you are a member of a trust...in which you can add other members to be legally in possession of it, for a fee of course). Where the rubber meets the road...as of the laws now, if the family member or whomever else gets it...you just made them into a federal felon. The worry ain't about what happens to the suppressor itself or the guns. It is about being responsible and not putting innocent people in jeopardy of being a felon. I was asking more along the lines of what are your wife/kids supposed to legally do with it in the case of death. If they get caught transporting it, that might be bad news for them. Do they call the local law enforcement and tell them the situation and then THEY come get it? That's what I was asking about. If they can get it through to have them removed from the BATF list, then the issue would go away.

 

[Wiley]

All of my NFA toys are on a trust and I'm out of the game now. When I die my stuff will transfer via a Form 5 at no cost to the recipient(s). Research the Form 5 for after death transfers.

 

[MUP]

Suppressor laws may change in Feb. I'm waiting to see if we don't have to stamp them.

Here's hoping! Go Trump!

 

[Deer Assassin]

210 days and counting

 

[John Harris]

1) What happens when you die?

Under the NFA, a death is classified as an involuntary transfer by operation of law. That means that the items (suppressor, SBR, SBS, machinegun, etc.) that is registered to an individual on a Form 4 will pass through the person's estate. A transfer through an estate to an heir (including a spouse) passes on a Form 5 and that is a TAX FREE transfer under current law. If the estate decides to sell the firearm, the new purchaser (if not an heir) will take it on a Form 4 and be responsible for the tax.

If you die but the item is held in a trust, the terms of the trust control. The item would only incur a tax if held in a trust if the trust sells it or the trust terminates and the item(s) pass to the beneficiary.

2) As an attorney who litigates against ATF for dealers, NFA owners, etc., I have prepared a lot of these trusts. Even with the rule changes that went into effect in July 2016, the trust still has the benefit of multiple possessor capacity and the capacity to allow multi-generational ownership without incurring taxes. It can also provide protection for the item if, for example, one of the trustees becomes a "prohibited person" and can no longer possess the items.

3) There is momentum building to remove suppressors from the NFA but it will take a statutory change and that could take years and would be "low priority" with the RINOs in Congress unless there are a LOT of citizens demanding it.

John Harris
Attorney &
Exec. Director or the Tennessee Firearms Association (a volunteer position)

 

[John Harris]

All of my NFA toys are on a trust and I'm out of the game now. When I die my stuff will transfer via a Form 5 at no cost to the recipient(s). Research the Form 5 for after death transfers.

I would suggest double checking the Form 5 transfer on the trust. It could depend on how its written and the beneficiary provisions.

 

[Crow Terminator]

210 days and counting

Did you go through a kiosk or just paperwork? I understand the class 3 dealers with a kiosk are having better luck with faster background check time. If I heard right, a fella in the gun shop had applied for his in and around August and was picking it up last week. I didn't want to be too nosey but that's what I understood him to say. I think the kiosk does the finger printing and photos, etc.

 

[Hammer]

I would guess that is a dealer to dealer transfer from August to December, but that is just a guess.

I dropped paperwork off a my dealer April 14, and my stamp arrived Sept. 27th. Filed form 4 individual. There is no rhyme or reason to the process.
I have one currently in jail, purchase in October, with the past July rush I am not looking for it until this time next year. Unless something changes.

 

[Deer Assassin]

no clue about a kiosk


form 4 paper file check cashed 5-19 I did trust no prints nor photos

 

[LanceS4803]

And John Harris comes through for the win!!

Seriously, passing on any NFA item is not a big deal, especially to a family member. Attorney/executors take care of this all the time.
I have yet to do the trust route, but the wife knows what I have and where the locate the paperwork.

 

[Andy S.]

And John Harris comes through for the win!

Ditto, thanks John for clarifying that for us.