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Thread: Process of transferring suppressor to a family member

  1. #11
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    Quote Originally Posted by BigWaylon View Post
    Not sure if you were implying this or not, but you can’t just create a trust and assign the NFA item to it. You have to File a Form 4, pay the $200, and wait for approval of transferring it from yourself to the trust. I currently have two pending from 8.13.18 using this process.
    Geez, of COURSE the .gov would slow this down. Any idea how long the typical wait times are? Hopefully not as long as it takes to get a stamp.

  2. #12
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    Quote Originally Posted by maximus83 View Post
    Geez, of COURSE the .gov would slow this down. Any idea how long the typical wait times are? Hopefully not as long as it takes to get a stamp.
    Considering it’s the exact same form, the wait is the same.

    If the transferee was an FFL, odds are it goes faster. But from you as an individual to “you” as an entity takes the same wait as the initial stamp from dealer to you. I have two cans in my possession that I’m doing this with (me as an individual to a new trust)...card was charged 8.10.18, pending date is 8.13.18. Still waiting.

  3. #13
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    Quote Originally Posted by BigWaylon View Post
    Not sure if you were implying this or not, but you can’t just create a trust and assign the NFA item to it. You have to File a Form 4, pay the $200, and wait for approval of transferring it from yourself to the trust. I currently have two pending from 8.13.18 using this process.
    If this is correct, then I can't see any advantage to my Dad creating a trust on his end, just to gift the suppressor. Seems like, since I already needed to create a gun trust anyway, I should get that done, then help him figure out this transfer process with Form 4 + the tax, and get started on the waiting game to transfer it into my trust. Once that transfer is done, shipping it to the FFL or whatever will be the easy part.

    Found out one other useful bit--even with the new state law in WA, direct family transfers are still allowed without FFL.

    So, leaving out the transfer of the suppressor, I could pick up the rifle from him during some future visit home and just bring it home with me, no WA FFL required.
    ETA: So this part was incorrect, because while WA law still allows a direct family transfer, ATF *also* prohibits *any* cross-state transfer without an FFL (as here), regardless of firearm type and regardless whether NFA. This must have changed from what I remembered, I thought it only applied to pistols and NFA items in the past. So, an FFL is still in the mix even for the rifle, with/without suppressor.
    Last edited by maximus83; 07-25-19 at 13:30.

  4. #14
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    Quote Originally Posted by maximus83 View Post
    If this is correct, then I can't see any advantage to my Dad creating a trust on his end, just to gift the suppressor. Seems like, since I already needed to create a gun trust anyway, I should get that done, then help him figure out this transfer process with Form 4 + the tax, and get started on the waiting game to transfer it into my trust. Once that transfer is done, shipping it to the FFL or whatever will be the easy part.
    You’re missing the big picture.

    If he transfers it from him to a trust, it’s a single $200 stamp and one wait. And he can wait an add you after the fact if you prefer, so no prints and photos. I used an online trust company and do my last one for $49.

    If he transfers it to you, out of state, there are two $200 stamps and two waiting periods. One from him to a dealer in your state (which should go a little faster), and then from the dealer to your new trust.

  5. #15
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    ^Ah, didn't realize that. Thought he could transfer direct into my upcoming trust; didn't know that it had to formally 'transfer' to the FFL with ATF approval before I could receive it.

    What a landmine of complicated BS, just to receive an old rifle from a parent. My wife and I were talking about this last night, it's kinda ridiculous that when you're trying to be straight-up and just comply with the law, you can't even figure out what it is without days of research.

  6. #16
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    If Dad creates a trust, form 4's the item to the trust, then adds you as trustee you would not need to create a second trust for yourself just use Dad's trust. The downside is if you add items to the trust in the future Dad, as a trustee, would have to do the photo/prints thing. Dad could renounce his role as trustee at some point in the future if he chooses.

    Thank you BigWaylon for pointing out the Form 4 issue, it had slipped my mind.

  7. #17
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    If it was me, I’d have a simple trust created for this one item.

    Then I’d either duplicate it myself, with a slightly different name and without my dad listed, or buy a second one...and that’s what I’d use for future items. That would leave him out of any future paperwork/prints/photos.

  8. #18
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    Thanks for the discussion--helpful in not only figuring out this issue but what I should do going forward to get a suppressor.

    In the end, it appears that the cross-state transfer *really* complicates things. I took the time to dig thru all the related ATF, and state firearm transfer docs of his state and mine. Bottom line I decided to have him simply gift the rifle to one of my nephews in the state where he lives, after he passes away. In his state, there's no required FFL for simple private long gun transfers. So when he passes away, the executor (one of my sibs) would have to fill out the ATF transfer form, wait for approval on the nephew, then can give him the rifle + suppressor. All tax free, no FFL involved. By far the simplest, cheapest way to go.

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