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Thread: Estate Transfer for silencer (Form 5) in 35 days!!!!

  1. #1
    Senior Member L1A1Rocker's Avatar

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    Estate Transfer for silencer (Form 5) in 35 days!!!!

    I cannot believe this. My late father had two Form 1 silencers. After getting probate done and all the paperwork straight we sent off the Form 5's (and all the accompanying legal docs, and cover letter, I thought we needed) to have them transferred into my mothers name on July 5th.

    Today I checked the mail (hadn't in a few days) and found a letter from ATF. Judging from the feel of the envelope I could tell that there were passport photo's in there so I figured they found a problem and were sending them back for correction. Didn't see the stamp attached but there was no cover letter explaining the problem. Further inspection showed the Approved box initialed and a signature at the bottom. Then I checked the serial numbers on the two Form 5's. This was not one application back for correction, but the returned copy of each silencer.

    Now my brain shifted gears, I immediately thought they messed up because there was no stamp. But then it finally sunk in. There is no stamp because there was no tax paid. This was a tax free estate transfer. I'm flabbergasted at how fast this went through. . .

    Sent on June 5th; stamped approved on July 8th = 35 days!!!!

    Two interesting observations:
    First, I sent the Form 5's in separate packets with cover letter and all the legal docs. They were returned in the same envelope signed by the same person dated the same day.

    Second, the internal stamping at the top of the form is missing. As I understand it, when packets are opened they are immediately stamped at the top with some sort of code ATF uses. All my Form 1's have the black inked stamp (looks like an internally assigned serial number) at the top. There is no such stamping on these forms.

    This leads me to think that estate transfers are processed a bit differently than normal Form 1/4s.
    US Constitution: Article 1 Section 8 Paragraph 4

    The Congress shall have Power To establish an uniform Rule of Naturalization

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    This is good, right?
    Now they are your mothers, right?
    While no one ever listens to me,
    I am constantly being told to be quiet.

    In a world of snowflakes,
    be the heat..

  3. #3
    Senior Member L1A1Rocker's Avatar

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    Quote Originally Posted by l921428x View Post
    This is good, right?
    Now they are your mothers, right?
    Yep and yep. I just can't believe how fast this went. I've been waiting on 3 form 1s to come back for over 4 months now.

    I wasn't sure about how easy these would go through as we did an abbreviated form of probate called a muniment of title. It is a legal shortcut (and much cheaper) when everything in an estate is being transferred to one person. I was concerned that ATF may have a problem with it but apparently not. This was a very painless transfer, I'm very happy about how this went through.

    Edit for more info. The Form 5 is used when the transfer is tax free. Also, a cool note is, when the transfer is by a court order (probate/muniment of title is an order of the court to transfer title and/or possession) there is no need to fill out the CLEO section.
    US Constitution: Article 1 Section 8 Paragraph 4

    The Congress shall have Power To establish an uniform Rule of Naturalization

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    Senior Member silentkilla's Avatar

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    glad it turned out like it did for you and in little to no time at all to boot!
    only two defining forces have ever offered to die for you..1 jesus christ..2 the american soldier.. one died for your soul the other for your freedom ΜΟΛΩΝ ΛΑΒΕ

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    Forum Administrator Schuetzenman's Avatar

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    Well you could knock me over with a feather! I am stunned that you got those processed so quick.

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