A good client was telling me a very interesting story the other day that I felt needed to be retold here. It is a prime example of why you need to have an NFA gun trust set up to handle all of your NFA items.
So here’s the jest of the story:
This individual, who shall remain nameless inherited a suppressor from his father. The son, who is not really all that interested in shooting, doesn’t do much with the suppressor. The father purchased the suppressor as an individual, paid the $200 tax stamp, and had the suppressor on his form 4. When the father passed away, the son naturally received the suppressor. The son understood that the suppressor is a restricted item under federal law and that he needed to register the transfer.
Now, a point about transfers when someone passes away…without going into too much detail about the ATF regulations, suffice it to say that the ATF regulations allow for a “reasonable” amount of time to transfer NFA items on a Form 5. It’s something I’m happy to help you fill out and send in to the ATF.
Okay, so back to the story…this son, has not registered the suppressor and it’s been over 8 years! Now, I’m sure that everyone reading this right now would not like to admit it, but isn’t this a prime example of human nature? When someone passes away, there are a million things to do and get done. Worrying about a small, metallic can is not likely going to be on most people’s to do list – especially for the family where Dad is the big time shooter and no one else in the family cares for the sport.
What’s the big deal you say? Well, no one has ever defined what a reasonable time means. Is it one day, six months or 8 years. ATF could bring charges whenever the heck the please. Is that a situation you want to put your family or loved ones in? I think not.
So, long story short, get an NFA gun trust. I hope that my client’s friend will be calling me soon to get his NFA gun trust setup.