44Steve
Member
Hi, Steve here . What happens when a class 3 tax stamp holder passes away. Unknown what the weapon is.
Class 3
- Thread starter 44Steve
- Start date
Grayfox
US Veteran
The weapon can be passed down to the heir. They won't be charged to $200 tax, but they do have to fill out all the paperwork and wait approval.
Gunslinger808
Member
Done on a Application for Tax Exempt Transfer, commonly called a Form 5.
Gunslinger808
Member
It becomes part of the estate, once it's bequeathed the heir fills out and gets the Form 5 approved.
Once that's done they can keep it or sell it.
Until the Form 5 is approved it remains part of the estate and can't be transfered or sold.
If they choose to sell it, a new Form 4 would have to be done, including the $200 tax.
ETA:
If the deceased had a Trust with the firearm listed in Schedule A, it makes things a lot easier.
Once that's done they can keep it or sell it.
Until the Form 5 is approved it remains part of the estate and can't be transfered or sold.
If they choose to sell it, a new Form 4 would have to be done, including the $200 tax.
ETA:
If the deceased had a Trust with the firearm listed in Schedule A, it makes things a lot easier.
Last edited:
Gunslinger808
Member
I would think it has to stay at the residence of the deceased as that's the address on the Form 4.
For the correct answer, call the ATF NFA branch, I do whenever I have a question.
Unlike what you normally hear, I've found them to be friendly and helpfull.
ATF NFA Branch:
244 Needy Road
Martinsburg, West Virginia
25405 USA
(304) 616-4550
For the correct answer, call the ATF NFA branch, I do whenever I have a question.
Unlike what you normally hear, I've found them to be friendly and helpfull.
ATF NFA Branch:
244 Needy Road
Martinsburg, West Virginia
25405 USA
(304) 616-4550
jrm53
Member
I sold a full auto pistol about 3 years ago thru a dealer in Mo and I held the weapon until the paper work for the customer he sold it to came to me, in the meantime he sent me a gun case in the box with the Fedx shipping label to the new owners Gun place in OK City and I made a copy of his form that the ATF sent me, put the orig in the case with the weapon sealed it in the box stuck the label on and took it to Fedx and mailed it. I asked the clerk if I needed to sign anything, No just throw it on the pile there. Every thing over the phone and email never saw another person. I could have left it to Grandson but did not want him saddled with a class 3 weapon. Jeff
snake803
Absent Comrade
From the BATFE.. It is the responsibility of the executor of the estate to maintain custody and control of the item... Until sold or transferred to the heirs..
JIM.................
