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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