The same for is used when you are purchasing as an individual, business, or NFA Firearms Trust.
National Firearms Act Branch
Bureau of Alcohol, Tobacco, Firearms, and Explosives
P.O. Box 530298
Atlanta, GA 30353-0298
The elective share is designed to make sure that the surviving spouse is not disinherited from the spouse when they die. In PA the spouse is entitled to 1/3 of property owned by the decedent including property in a revocable trust.
It is possible to have your spouse waive their right in regards to a specific piece of property. For those of you creating Gun trusts where the spouse is not a co-owner or a beneficiary, it would be wise to have the spouse waive their right to that property so that the property is sure to pass to your intended beneficiary.
Even if you create your NFA gun trust prior to a marriage, you may consider having a future spouse waive their right to that property prior to or shortly after marriage to avoid potential problems in the future.
If you need a NFA firearms trust Contact a NFA Gun Trust Lawyer®
However, if a registrant's address changes after the NFA firearms are registered with ATF, please notify the NFA Branch in writing of the change so the NFRTR can reflect the registrant's correct address.
Firearms can be stored at locations other than the address on the firearm registration form, such as a safe deposit box. However, unless the registrant is a Federal firearms licensee who has paid the special (occupational) tax to import, manufacture, or deal in NFA firearms, the NFA Branch should be notified in writing of the new storage location.
To obtain permission to move these firearms, you must submit either a letter requesting permission to move the item(s) or a Form 5320.20 to the ATF
If you are submitting the request by letter, please include the:
• Name of registrant;You must also indicate whether:
• The firearm(s);
• The current location of the firearm(s);
• The location to which the firearm(s) will be transported;
• The date(s) and means of transportation (car, plane, boat, etc.); and
• The reason the firearm is being moved.
(1) the move is temporary or permanent;The ATF Form 5320.20 includes these requirements.
(2) the move will involve a transfer of the title; and
(3) whether the possession of the firearm will violate local or State law at the destination.
Requests for interstate transportation will be denied by ATF if possession of the firearm at the destination will violate State or local law.
Registrants do not have to obtain permission from ATF to move a silencer or "any other weapon" interstate. However, if a registrant's address for these types of firearms changes after registration with ATF, please notify the NFA Branch in writing of the new address, so the NFRTR can reflect the registrant's correct address.
This report must be made within 48 hours of discover. In addition, you must notify your local law enforcement authorities within 48 hours of discovery.
- The name and address of the person to whom the firearm is registered;
- The lost or stolen firearm, including the model, manufacturer, caliber or gauge, and serial number; and
- The date and place of the theft or loss, including details of the situation.
You may call the ATF at our 24-hour, 7-day-a-week, toll-free hot line number, 1-800-800-3855.
In addition, you must also file an ATF Form 3310.11 (Federal Firearms Licensee Theft/ Loss Report) within 48 hours.
If you are a Licensee, you should provide their license number.
WARNING: The Firearms may not be transferred to another party even a Federal firearms licensee, for consignment or safekeeping but can assist the executor by acting as a broker.
If there are unregistered NFA firearms in the estate, the firearms are contraband and cannot be registered by the estate or any person or entity. The executor should contact their local ATF office to arrange for the abandonment of the unregistered firearms.
There are several type of Class 3 items that are restricted by the National Firearms Act.
Each state can impose additional restrictions on the sale, purchase, and transfer of class 3 firearms in addition to the compliance that is required with the national Firearms Act.
In Pennsylvania you can own the following items that are regulated the the National Firearms Act
Machine GunsIn Pennsylvania you cannot own the following NFA restricted items.
Any Other Weapon (AOW)
Destructive Devices (DD) (except bombs)
Short Barreled Shotguns (SBS)
Short Barreled Rifles (SBR)
None but all Bombs are prohibited as Offensive Weapons
Follow this link to find out more about Pennsylvania and NFA restrictions on Class 3 Firearms
If you want help creating a South Carolina Firearms Gun Trust for the Purchase of NFA class 3 items Contact Us to get int ouch with a South Carolina NFA trust attorney in your area.
It has come to our attention that some attorneys have copies language from our older trusts and are marketing these as NFA firearms trusts. These documents are inferior to the 2008 Texas NFA firearms trust and should not be confused with the documents we produce. Attorneys who are using our trusts will have GunTrustLawyer.com and a copyright notice on the bottom of each page of the trust. If you need help finding a Texas Firearms Trust Lawyer for creation of a Texas NFA trust Contact Us to get in touch with a Texas NFA trust attorney in your area.
The best way to solve this problem is by creating a business entity or trust that allows the person to be in possession of the items. If you already own the class 3 items you will have to do another transfer from you personally to the NFA trust.
This is one of the many issues that should be identified and discussed prior to creating an NFA firearms trust.
To determine the correct people to name as co-trustee's in your NFA Firearms / Gun Trust Contact a Gun Trust Attorney.