Missouri NFA Inheritance – Rules & Process

1. What Counts as an NFA Firearm?

Under 26 U.S.C. § 5845 and 27 C.F.R. § 479.11, the following items require special registration and transfer procedures:

• Short-Barreled Rifles (SBRs) – Barrel under 16" or overall length under 26".

• Short-Barreled Shotguns (SBSs) – Barrel under 18" or overall length under 26".

• Suppressors – Any device designed to muffle or suppress firearm sound.

• Machine Guns – Fully automatic firearms manufactured before May 19, 1986 (civilian transferable).

• Any Other Weapon (AOW) – Concealable or unusual firearms (e.g., pistols with vertical foregrips).

 

🔗 Reference: 26 U.S.C. § 5845; 27 C.F.R. § 479.11

 

2. Inheritance Transfers Are Different

When an NFA firearm is inherited:

• No tax stamp fee is required, the ATF allows a tax-exempt transfer using ATF Form 5.

• The firearm can be transferred directly to the heir if they are legally eligible and live in a state where the item is lawful.

• The firearm must remain registered to the decedent’s estate until ATF approves the transfer.

 

3. Steps to Legally Inherit an NFA Firearm in Missouri

Step 1 – Secure the Firearm

• Store it in a safe, secure location. Do not use, transport, or loan it until the ATF transfer is approved.

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Step 2 – Verify the Item’s NFA Status

• Check the registration paperwork (ATF Form 4 or Form 1) to confirm type, serial number, and registered owner.

 

Step 3 – Complete ATF Form 5

• This is the tax-free transfer application for estates. It must be filed by the executor or personal representative.

 

Step 4 – Submit to the ATF

• Send the Form 5 with a copy of the death certificate, will, or other proof of executorship.

 

Step 5 – Await Approval

• The ATF must issue the approved Form 5 before the firearm is transferred to the heir. This can take several months.

 

4. Special Considerations for Missouri Heirs

• Missouri law does not ban ownership of NFA items that are legally registered under federal law.

• If the heir lives out of state, the transfer may require coordination between two FFL/SOT holders.

• If the heir does not want the firearm, it can be sold to a qualified buyer through an FFL/SOT, with ATF approval.

 

5. Common Mistakes to Avoid

❌ Using the firearm before ATF approval, this can result in felony charges.
❌ Failing to confirm state legality, some states prohibit civilian ownership of certain NFA items.
❌ Transferring without ATF paperwork, even within the same family.
❌ Attempting to sell directly without using a properly licensed dealer for out-of-state transfers.

 

6. How MDRF Enterprises Helps

• SOT-Capable Transfers for suppressors, SBRs, and other NFA firearms.

• Executor Guidance to navigate ATF Form 5 and ensure correct documentation.

• Secure Storage while paperwork is pending.

• Appraisals for insurance, probate, or fair market value.

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Related Missouri Firearm Guides

• Inherited Firearms in Missouri – Complete Guide

• How to Sell Guns from an Estate in St. Louis – Step-by-Step

• Understanding Missouri Gun Transfer Laws for Estates

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Final Word

NFA inheritance is one of the most misunderstood areas of estate firearm law. The process is straightforward when handled properly, but mistakes can result in serious federal penalties.

 

Whether you’re an executor, attorney, or family member, working with a knowledgeable Missouri FFL ensures your NFA transfer is safe, compliant, and fully documented from start to finish.

 

📍 visit us at: 6414A Hampton Ave, Suite #11, Saint Louis, MO 63109
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