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Class 3 Help on a transfer

118 views 6 replies 7 participants last post by  Nirvana  
#1 ·
My best friend passed away and his family wants me to have his Thompson. They have no idea if it was registered or not. Can I just except this as a gift and then file for a Class 3 or am I inviting a potential grab by the government? I appreciate any help.
Richard
 
#2 · (Edited)
It's been a while, but it USED to be that a probate transfer did NOT carry a fee. If it's not registered and its automatic, well, then forget about it. If you don't have the papers, you better not have the hardware. Penalties are pretty serious.

Worst part: my experience is, families have no idea what papers even are, and in one case, involving a very steady, serious collector, they all presumed he was crazy (which he surely wasn't) and that the guns were illegal (I'd seen all the papers when I worked next to him at a gun show years before he died).

No idea what happened to them, but I know they weren't legally transferred via normal procedures and they claimed not to have them. Always thought they gave them away to corrupt local cops, but they shunned me when I inquired, so....

You can accept as a gift, but better locate the papers and do the transfer properly. Surprisingly, this is one area where BATFE tends to be quite cooperative. Also: it matters what state you're in. There a couple which disallow even licensed full auto stuff in non-dealer hands.

Follow the law!!

Not to do so will be life-changing in a very negative way.
 
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#3 ·
IIRC, there is a process to transfer NFA registered items from an estate directly to a dealer (SOT) or to an individual on a approved Form 4.
My employer has a couple of sub guns that were transferred from an estate to his FFL/SOT.
Never been through it, and best to use an attorney who is well versed in the NFA.
 
#4 ·
If it is registered it will transfer on a form 5 for free.
Considering the cost for a Thompson ,YOU should hire a NFA savvy lawyer . Wouldn't you buy aThompson for a couple of grand?
Friend of mine went thru this a couple of years ago .Could not find the paperwork .ATF eventialy found the paperwork after it was requested.
 
#5 ·
Too bad it isn't a German machine gun as it may have bring back papers which could allow for the family then to get the weapon registered and subsequently transferred over....A Thompson would have been considered contraband and therefore wouldn't have been signed off as a war souvenir.....Good luck as I hope things can get worked out and let us know what transpires....Bodes
 
#6 ·
Using terminology like “file for a Class 3” shows that you need to find an actual lawyer versed in such firearms and transfers and not be asking forums for legal advice that could end you up in club fed.

There is already misinformation in the comments, do yourself a favor, find a lawyer.
The cost will be worth it.
You’ll either end up with a valuable firearm legally or won’t end up in federal legal trouble, both are well worth the cost now.
 
#7 ·
Using terminology like “file for a Class 3” shows that you need to find an actual lawyer versed in such firearms and transfers and not be asking forums for legal advice that could end you up in club fed.
Yup. I felt the same way when I saw “class 3” and not “title ii” or “NFA.” Get a lawyer, asap.