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 Short-Barreled Rifle (SBR) Estate Issues
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Junior Member

344 Posts

Posted - 04/09/2018 :  1:33:06 PM  Show Profile  Reply with Quote
I own a short-barreled rifle for which I have a federal stamp. I don't want to get rid of it, but thinking to the future, will having this rifle in my collection cause an estate problem upon my death? Are there legal remedies to negate estate issues for an SBR? I've looked on line and have found lots of info about applying for an SBR tax stamp, but little about transferring ownership upon my passing. Hopefully I have decades of life left, so I plan to hang onto the rifle as long as possible. Sure, I know I can sell it to someone before death comes calling, but what if it's still in the safe when my time comes. Any thoughts or recommendations?

mark christian

32020 Posts

Posted - 04/09/2018 :  1:41:36 PM  Show Profile  Reply with Quote
Upon your demise, any legally registered NFA weapon can be transferred tax free to a legal heir using ATF Form 5. Pick your heir carefully because all NFA rules still apply. If the heir can't met NFA ownership requirements or lives in a state where the transfer would not be legal, the ATF will deny the transfer.
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Advanced Member

15940 Posts

Posted - 04/09/2018 :  3:18:03 PM  Show Profile  Reply with Quote
In most states, you will designate in your will the personal representatives who will take care of your estate; choose wisely.

If you die intestate, or don't designate your PR's, the lawyer will take possession of your NFA items & dispose of them according to law. He will bill your estate for his time at his usual hourly rate.

If you don't have a will, choose a good lawyer to prepare one for you. Many states have unusual laws.

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Advanced Member

32910 Posts

Posted - 04/09/2018 :  4:56:43 PM  Show Profile  Reply with Quote

Maybe for a TRUST instead of a will

The government has no rights. Only the PEOPLE have rights that empower the government.

This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it, or exercise their revolutionary right to overthrow it.
Abraham Lincoln

Life is not the way it's supposed to be. It is they way it is. The way we cope with it, is what makes the difference.

All comments posted here are my opinion as expressed via the 1st Amendment of the US Constitution.

United States Army ~ 1966-1968 USARSUPTHAI 1967-1968
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715 Posts

Posted - 04/09/2018 :  7:12:03 PM  Show Profile  Reply with Quote
YOU HAVE TO MAKE TWO DECISIONS: (1) how to dispose of your collection, (2) when to dispose of it (or start to). The SBR is only a small part of the issue. It sounds like you have plenty of time to make a plan. Sorry this does not directly answer your question, but I thought I would give my experience.
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Advanced Member

11064 Posts

Posted - 04/14/2018 :  06:05:56 AM  Show Profile  Reply with Quote
That's why our NFA items are owned by the family trust. When Grandsons reach legal age, they will replace our spouses on the trust.

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10118 Posts

Posted - 04/14/2018 :  10:42:46 AM  Show Profile  Reply with Quote

With all due respect to our experts here on AtE, I suggest the following:

With any issues involving trusts, wills or other legal tools involving your family and friends and especially FIREARMS:

Research and hire a great lawyer to write up all of the tools regarding your possessions and the disbursement of them. Get the real experts to write those tools correctly, pay any fees involved and rest assured that the courts will handle those tools properly.

This is NOT an area where FREE advise will stand up in a court of law. Yes you will have to pay for the services rendered but you will have everything in place to accomplish your final wishes without arguments. Do NOT rely on the honesty of family members to carry out your wishes, get it in a legally binding document. Then rest and be assured that everything will come off without a hitch.


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