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Posted: 6/26/2015 12:46:32 PM EDT
So a gentleman I work with came to me today with a hypothetical question. If his wife were to inherit a ww2 bring back that has a...fun switch, shall we say, and is off the books what would one need to do make it all above board a possible future sale.

Hence the need for an attorney to answer all of these hypothetical questions. If it helps, someone in or near the kalamazoo/portage area, or even in Grand Rapids would be great. So if you fine folks have any recommendations I can pass along that would great.


Thanks
Link Posted: 6/26/2015 12:52:15 PM EDT
[Last Edit: 6/26/2015 1:00:05 PM EDT by cybersniper]
If previously registered, it can be transferred to the beneficiary. If unregistered, it is contraband. The only thing I think you can legally do is torch the receiver and sell the rest as a parts kit.

Attorney Kerry Morgan knows a lot about NFA. He helped write the appeals for the change to allow machine guns in Michigan. He goes by Michman here. I'd start with him.
http://www.pck-law.com/pages/profile_klm


See ATF Letter

Department of the Treasury
Bureau of Alcohol, Tobacco and Firearms, Washington, DC 20226
September 5, 1999

Transfers of National Firearms Act Firearms in Decedents’ Estates

The National Firearms Act (NFA) Branch continually responds to questions regarding NFA firearms in decedent’s estates. We often find that Federal firearms licensees are involved in assisting the executors in disposing of these firearms. We believe some general information and discussion of procedures will help licensees in these situations.

As you may be aware, the registration information we maintain is tax information and any disclosure of this information is generally prohibited. We may lawfully provide registration information to the executor of an estate. If there is any question regarding the registration status of the firearms in the estate for which you are assisting the executor, advise the executor to contact the NFA Branch directly and provide proof of his or her appointment as executor.

If there are unregistered NFA firearms in the estate, these firearms are contraband and cannot be registered by the estate. The executor of the estate should contact the local ATF office to arrange for the abandonment of the unregistered firearms.

For registered NFA firearms in the estate, the executor should take action as soon as possible to arrange for the proper registration of the firearms. Possession of an NFA firearm not registered to the possessor is a violation of Federal law and the firearm is subject to seizure and forfeiture. However, we do allow the executor a reasonable time to arrange for the transfer of the registered firearms in a decedent’s estate. This generally should be done before probate is closed.

It is the responsibility of the executor of the estate to maintain custody and control of the firearms and to transfer the firearms registered to the decedent. The firearms may not be transferred to another party, such as a firearms licensee, for consignment or safekeeping. This would be a transfer subject to the requirements of the NFA. The licensee may assist the executor by identifying purchasers and acting as a broker.

The firearms may be transferred on a tax-exempt basis to a lawful heir. The executor would apply on ATF Form 5, Application for Tax Exempt Transfer and Registration of a Firearm, for a tax-exempt transfer to a lawful heir. A lawful heir is anyone named in the decedent’s will or, in the absence of a will, anyone entitled to inherit under the laws of the State in which the decedent last resided. NFA firearms may be transferred directly interstate to a beneficiary of the estate. When a firearm is being transferred to an individual heir, his or her fingerprints on FBI Forms FD-258 must accompany the transfer application. However, if any Federal, State or local law prohibits the heir from receiving or possessing the firearm, ATF will not approve the application.

ATF Form 4 is used to apply for the taxpaid transfer of a serviceable NFA firearm to a person outside the estate (not a beneficiary). ATF Form 5 is also used to apply for the tax-exempt transfer of an unserviceable NFA firearm to a person outside the estate. As noted above, all requirements, such as fingerprint cards for transfers to individuals and compliance with State or local law, must be met before an application may be approved. If an NFA firearm in the estate was imported for use as a “sales sample,” this restriction on the firearm’s possession remains. The NFA firearm may only be transferred to a Federal firearms licensee who has paid the special (occupational) tax to deal in NFA firearms or to a government agency.

For further information, contact:

Bureau of Alcohol, Tobacco, Firearms & Explosives
National Firearms Act Branch
244 Needy Road
Martinsburg, West Virginia 25405 USA
Voice: (304) 616-4500
Fax: (304) 616-4501
Revised: February 23, 2006








Link Posted: 6/26/2015 4:24:32 PM EDT
Thanks for the info. I passed it on.
Link Posted: 6/29/2015 10:59:57 AM EDT
Unfortunately, the window for registering those NFA weapons ended almost 30 years ago. It is no longer legal or possible to register them for private ownership. If it has never been registered (I assume it sat in a closet and never received much thought), then it's illegal to own at this point. It could be demiled, but that usually involves cutting the receiver in half.
Link Posted: 7/1/2015 10:35:37 AM EDT
He or his wife, hypothetically speaking, should search for a Form 4 with the stamp tax among his private papers. If it does not exist, then its contraband as stated before. It could be registered to law enforcement on a Form 10 but that is tricky and illadvised. This usually happens when the possessor knows someone in law enforcement who wants it and its an anonymous transfer.
Link Posted: 7/1/2015 1:21:48 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By MichMan1:
He or his wife, hypothetically speaking, should search for a Form 4 with the stamp tax among his private papers. If it does not exist, then its contraband as stated before. It could be registered to law enforcement on a Form 10 but that is tricky and illadvised. This usually happens when the possessor knows someone in law enforcement who wants it and its an anonymous transfer.
View Quote

Correct, the NFA branch may be able to look it up by serial number upon a request from the executor of the estate, but I'm not sure of their capabilities.
Link Posted: 7/3/2015 7:44:42 AM EDT
I appreciate the further replies gents, but, still speaking hypothetically, the folks I may or may not know, may or may not be working it out themselves and amongst the rest of their family.


Wow, that sounded like a really douchey reply, but I suppose in this day and age that's the best I can do.

Again though guys, I appreciate the input.
Link Posted: 7/4/2015 11:14:04 AM EDT
[Last Edit: 7/4/2015 2:37:00 PM EDT by exigent]
I have heard that if the gun had bring back papers it still can be registered. Goto the armory section above click the class 3 legal section and then read "so you found an mg in the attic"

Basically the nfa has been so goofed up for so long they sometimes honor bring back papers as proof of registration.

Delete this thread and follow the advice in the thread I suggested above.

Some bring backs can be worth $100k or more depending. Even a bad one will bring $10k

link to thread described above
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