When a loved one passes away and leaves behind a suppressor or other NFA item, the transfer process can feel overwhelming during an already difficult time. The good news is that inheriting a suppressor through ATF Form 5 is tax-free and has slightly simpler requirements than a standard purchase. This guide explains exactly what fingerprint requirements you need to meet as an heir.
In This Guide
Form 5 Basics for Inheritance
ATF Form 5 (Application for Tax Exempt Transfer and Registration of Firearm) is the official form used for inheriting NFA items including suppressors, short-barreled rifles, short-barreled shotguns, machine guns, and other regulated firearms. Unlike Form 4 used for dealer purchases, Form 5 has a significant advantage.
The Tax-Free Advantage
The most important thing to understand about Form 5 is that it is completely tax-exempt. When you inherit a suppressor, you do not pay the $200 transfer tax that would normally apply to NFA items. This tax exemption applies regardless of whether you file via eForms or paper.
Important: The tax exemption only applies to legitimate inheritance transfers. The deceased must have been the registered owner, and you must be a lawful heir or beneficiary under their estate.
Who Can File Form 5?
Form 5 can be filed by:
- Beneficiaries named in a will
- Heirs under state intestacy laws (if no will exists)
- Successor trustees of an NFA trust (though trust succession may not require Form 5)
- Estate executors transferring to eligible heirs
Fingerprint Requirements for Heirs
Even though Form 5 is tax-free, fingerprints are still required. The ATF needs to conduct a background check on the heir before approving the transfer.
What You Need
Depending on how you file, you will need:
For eForms (Recommended)
- EFT file - Electronic fingerprint file converted from FD-258 cards
- Passport-style photo (digital)
- Death certificate (scanned copy)
- Proof of inheritance (will excerpt, court order, or affidavit)
For Paper Filing
- 2 FD-258 fingerprint cards - Physical cards mailed with application
- Passport photo (2x2 inches)
- Death certificate (certified copy)
- Proof of inheritance documentation
Getting Your Fingerprints
As the heir, you have several options for obtaining compliant fingerprints:
- Local law enforcement - Many police stations and sheriff offices offer fingerprinting for a small fee ($10-25)
- UPS Store locations - Many offer fingerprinting services
- Private fingerprinting services - Companies that specialize in NFA fingerprints
- DIY with ink cards - You can obtain blank FD-258 cards and do it yourself
Converting to EFT Format
If you file via eForms (which is faster), you need your fingerprints in EFT (Electronic Fingerprint Transmission) format. You cannot simply scan your FD-258 cards - they must be properly converted to meet FBI and ATF specifications.
The EFT file must include:
- FBI-compliant WSQ compression at 500 ppi
- Proper NIST-ITL formatting
- Segmentation metadata required by ATF
- Transaction type FAUF
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Convert Now - $10No CLEO Notification Required
One significant advantage of Form 5 over Form 1 and Form 4 is that CLEO notification is not required.
For regular NFA transfers (Form 1 and Form 4), you must send a copy of the application to your local Chief Law Enforcement Officer - typically your county sheriff or police chief. This requirement does not apply to Form 5 inheritance transfers.
Why No CLEO Notification?
The ATF recognizes that inheritance is a lawful succession of property and does not require the same oversight as new acquisitions. This makes the paperwork slightly simpler for heirs who are already dealing with estate matters.
What You Still Need
While CLEO notification is not required, you must still:
- Submit fingerprints
- Pass a background check
- Be eligible to possess NFA items (21+, not a prohibited person)
- Live in a state where the item is legal
Timeline and Process
Step-by-Step Process
- Secure the suppressor - The item should remain with the estate (under executor control) until transfer is approved
- Gather documentation - Death certificate, proof of inheritance, your ID
- Get fingerprinted - Obtain FD-258 cards and convert to EFT if filing electronically
- File Form 5 - Complete the application on eForms or paper
- Wait for approval - ATF processes the background check
- Receive approval - Form 5 is approved and returned
- Take possession - You can now legally possess the suppressor
Expected Timeline
Form 5 processing times have varied historically:
- eForms Form 5: Approximately 4-8 months (as of early 2026)
- Paper Form 5: 8-14 months or longer
Do not take possession before approval. The suppressor must remain with the estate until your Form 5 is approved. Taking possession early is a federal felony, even if you are the rightful heir.
What Happens During the Wait
During the approval period:
- The suppressor should be secured by the executor
- The ATF conducts your background check
- You can check status on the eForms portal (if filed electronically)
- The estate retains legal responsibility for the item
Common Questions
Can I Use My Existing EFT File?
Yes. If you already have an EFT file from a previous NFA application (Form 1 or Form 4), you can use the same file for Form 5. Your fingerprints do not change, so one EFT file works for unlimited applications.
What If the Suppressor is in Another State?
Form 5 can handle interstate transfers. However, the suppressor must be legal in your state of residence. If you live in a state that prohibits suppressors, you cannot inherit it - the item would need to go to a different beneficiary or be surrendered.
What If Multiple People Inherit NFA Items?
Each heir must file their own Form 5 for items they are inheriting. Each person needs their own fingerprints. Alternatively, the items can be transferred to a shared NFA trust where multiple people can be responsible persons.
Can the Executor Possess the Suppressor During Probate?
Yes, the executor has limited authority to possess and secure NFA items as part of estate administration. However, they cannot use the items and must transfer or dispose of them according to the will and applicable law.
What Documents Prove Inheritance?
Acceptable documentation includes:
- Will excerpt naming you as beneficiary of the specific item
- Court order from probate proceedings
- Letters testamentary or letters of administration
- Affidavit of heirship (in some states)
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