When owner of NFA item passes away

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  • HazelDell

    Plinker
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    0   0   0
    Feb 5, 2022
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    8
    Carmel
    Thanks. Who can legally be in possession of the item during the transfer process. Not sure I’m making sense but if the person who has the paperwork in his/her name is deceased is it ok if the item resides with someone else as long as it is not being used.
     

    Cameramonkey

    www.thechosen.tv
    Staff member
    Moderator
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    35   0   0
    May 12, 2013
    31,682
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    Camby area
    Thanks. Who can legally be in possession of the item during the transfer process. Not sure I’m making sense but if the person who has the paperwork in his/her name is deceased is it ok if the item resides with someone else as long as it is not being used.
    Not a lawyer, not legal advice.

    Legally, no. I believe only the parties on the NFA trust may possess it/them. But practically speaking....

    The estate could keep their mouths shut and the safe locked (assuming there is a surviving spouse) and initiate the transfer. Storm troopers from the ATF dont get a bat signal as soon as a NFA holder passes so they can swoop in and raid the address to seize the guns.

    But I would pay to consult a lawyer that deals in 2A issues like our own Kirk Freeman or Guy Relford there in Carmel for true legal advice. I doubt it would cost much for an hour of their time to discuss it. At least less than the cost of legal fees for doing it wrong.

    Good luck, and sorry for your loss.
     

    Dean C.

    Master
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    2   0   0
    Aug 25, 2013
    4,428
    113
    Westfield
    Call Guy Releford , he helped a relative with this exact issue a couple of years ago. It took a while for the ATF to process the paperwork but all the NFA items are now "correct".
     
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