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AR15.COM
3/23/2009 8:28:26 PM EDT
A little over a year ago my uncle passed away. My mother was the sole beneficiary. So what we are trying to do is transfer a machinegun to me. The problem is everything has to go through the estate lawyers and they don't know what they are doing with respect to class 3 items. The plan was to transfer it using form 4 to a trust in my name. So I created the trust, had it notarized, and filled out the form 4 with my mother as the seller/executrix of the estate. My understanding is that this was all that was needed and was ready to be sent to the ATF.

At my mothers request I supplied all the forms to the lawyer to "make sure everything was ok". I did this back in October. 2 weeks ago my mother gets an email from the lawyer giving her instructions on what I have to do to make the transfer. The problem is the instructions are for a form 4 transfer to a person not a trust. So I reply saying this is incorrect and that with a trust I don't need to have a photo, fingerprint card, and CLEO signoff. Today my mother forwards me another email from the lawyer:


Sorry about the delay in my response, but I wanted to make sure I had all of my ducks in a row before responding. You are correct in that the Trust would own the gun; however, the trustee or anyone who wants to use the firearm must hold a valid license. I apologize for the confusing instructions with regard to obtaining a license, as those instructions make the process seem more complicated than it really is. If you could please have Bodyguard429 contact our office, we can tell him the specifics on how to obtain a permit. It is my understanding that the worst part of the process is waiting for the federal government to send back the permit.



It is my understanding that no such license exists. ?

I posted this in the class 3 forum as well. I'm just trying to make sure that there is no such license in Indiana and that I just need to do the form 4 transfer.

Class 3 forum post: http://www.ar15.com/forums/topic.html?b=6&f=17&t=274505
3/23/2009 10:47:44 PM EDT
[#1]
You should just go get the form 4s from the lawyers and mail them. They dont know what they are talking about when it comes to firearms.
3/24/2009 2:32:51 AM EDT
[#2]
Call me and I will give you a hand explaining it to the attorney.

Stan

Applied Ballistics Systems, Inc.
3461 Union St.
Lafayette, IN 47905

765-426-4937
3/24/2009 4:35:55 AM EDT
[#3]
No form 4 needed you need form 5. I can help if need be.
3/24/2009 10:12:10 AM EDT
[#4]
Quoted:
No form 4 needed you need form 5. I can help if need be.


It is my understanding that I can't use a form 5 since I am not a direct beneficiary and don't qualify for a tax free transfer.

3/24/2009 10:20:08 AM EDT
[#5]
Quoted:
Call me and I will give you a hand explaining it to the attorney.

Stan

Applied Ballistics Systems, Inc.
3461 Union St.
Lafayette, IN 47905

765-426-4937


The reason I was wondering if this could be true is the lawyer claimed they had been in contact with ACME in Seymour to find out how to do the transfer. My guess is that there is just some miscommunication between the lawyer and whoever they talked to at ACME.

3/24/2009 10:57:13 AM EDT
[#6]
Quoted:
Quoted:
Call me and I will give you a hand explaining it to the attorney.

Stan

Applied Ballistics Systems, Inc.
3461 Union St.
Lafayette, IN 47905

765-426-4937


The reason I was wondering if this could be true is the lawyer claimed they had been in contact with ACME in Seymour to find out how to do the transfer. My guess is that there is just some miscommunication between the lawyer and whoever they talked to at ACME.



M60E3 = owner of ACME sports.
3/24/2009 3:03:10 PM EDT
[#7]
okay, since you are not sole it will require form 4 transfer. I can get you straightened out. Your attorney did not slow down a minute and process what I was telling her. You can either have her call me again or you can call me and we'll get you out of the rut. It is very simple!