Monday, May 7, 2012

How do I transfer my firearm to a Gun Trust?

You should consult with a Gun Trust Attorney and ATF to ensure compliance before transfer of a firearm to a  Trust.  If a firearm made in compliance with 26 U.S.C. 5821 is to be transferred subsequently, the transfer must be made in compliance with the provisions of the firearms laws and regulations.  Specifically, ATF requires that you complete ATF Form 4- Application for Tax Paid Transfer of a Firearm.  Form 4 provides, “any person seeking to transfer a firearm tax paid must complete, in duplicate, an application on this form for each firearm.”  ATF Form 4.  A transfer tax is imposed with respect to firearms transferred at the rate of $200 for each firearm transferred, except that the transfer tax on any firearm classified as “any other weapon” is at the rate of $5 for each firearm transferred.   

Additionally, you must have a valid Trust.  You can obtain a Florida Gun Trust here.  

How do I distribute or transfer firearm(s) held in a Gun Trust to a beneficiary named in the Gun Trust?

You should consult with a Gun Trust Attorney and ATF to ensure compliance before distribution to a beneficiary.  If a firearm made in compliance with 26 U.S.C. 5821 is to be transferred subsequently, the transfer must be made in compliance with the provisions of the firearms laws and regulations.  Specifically, ATF requires completion of Form 5- Application for Tax Exempt Transfer and Registration of Firearm.  Form 5 provides, “[a] registered firearm may be transferred without payment of the transfer tax if…(4) it is being transferred to a beneficiary of an estate.”  ATF Form 5.  Click here to ask a question regarding transfer of a firearm held in trust to a beneficiary.

In a nutshell, Form 4 to put a firearm into a trust and Form 5 to take a firearm out of a trust!

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