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Posted: 12/29/2006 5:18:29 AM EST
[Last Edit: 12/29/2006 5:20:42 AM EST by CZ-75Jeff]
I need advice from you guys who know better than I.

I have an Uncle-in-Law whose mother just passed away. He lives in a different state, and it turns out he has a transferable mg that he might sell to me if we come to terms.

His Mother's estate is a mess, and he is retired. He may relocate here for several months (6-9 months) while working throug the estate, selling her house, etc. He may even stay here, but will not know for sure for a few months until he figures out if the house will sell at the estate value.

Could he do a 5320.20 to lawfully bring the mg to my state while he is here, then we do a Form 4 individual to individual?

I'm not contemplating this to avoid a transfer tax (just an added benefit), but rather to simplify the transfer from him to me. This way, we would not need to use any SOTs... it would, if legal, transfer from one individual to another in the same state.

I assume he would need to fill out the 5320.20 as being a permanent move, even though he may eventually move back to his own state....??

Or, is this really (substance over form) transporting a mg across state lines to do a sale, which is forbidden?

Like I said, I have no problem paying both transfer taxes, and going through an in-state SOT... I just woke up in the middle of the night thinking about this possible option.

Thanks in advance for any advice.
Link Posted: 12/29/2006 5:48:10 AM EST
I see no problem with that at all.
Link Posted: 12/29/2006 9:14:32 AM EST
As long as he was in fact a resident of your state there won't be a problem. But if the transfer to you occurs within days of his arrival, then he decides to go back to where he came from, there might be some questions to answer.

But your idea has a lot of moving parts and really no pay-off for the complexity. From your perspective, he'll need to find a place to live, live there long enough to establish, all before he can submit the Form 4. It's a lot of hassle and time to save a mere $200. If you want that gun and he wants to sell it to you, get the transfer going. Nothing good comes from waiting for such a complicated arrangement. Enough time will change anything and everything.
Link Posted: 12/30/2006 12:00:01 PM EST
He would need to be in your state for at least 90 days to be considered a resident. Spend the $200 and keep it on the level.
Link Posted: 12/30/2006 2:05:21 PM EST
We need details..
What might you be getting??
Link Posted: 12/30/2006 5:13:32 PM EST
Turns out to be a 16" carbine... The guy didn't know what he was talking about. I kept asking him if it was a transferable machinegun... He kept saying "yep! bought it in 1984, and never shot it."

I'd ask "what do you want for it?" He'd say "$900."

I'd say "Do you realize how expensive a transferable Uzi is?"

He'd say "I paid less than $400 for it. You can have it for $900."

I was all excited, thinking all he wanted to do was get rid of it. Turns out to be a IMI Uzi Model A with 16" barrel and wooden stock.

Oh well.
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