[Don Francis]

A friend pass away leaving his son with a number of NFA items.
Can these be simply listed for sale and transferred upon approval of the buyers form 4?
Does he need the services of a Class 3 dealer to facilitate the sale?
I am well aware of the laws governing the sell of non-NFA items.

Thanks

 

[whiskerz]

I assume he has these on a Form 5 in his name. They transfer out on a form 4 in state or out of state to another dealer. He does not need a class 3 dealer at all. Depending on what he has depends on how fast they move. Very few suppressors have much resale unless they are oddly specific . Same with many SBR's unless they are factory or odd. Plus an out of state buyer would have 2 taxes. If you have any questions just you can shoot me a PM.

 

[MW2152]

I believe that ATF is supposed to facilitate the transfer of estate items. Yeah I know people here will lose their minds over mention of ATF, but they already know what the guy had anyway.

https://www.atf.gov/file/97596/download

 

[Lyman1903]

ATF does not facilitate anything, it is up to the estate to dispose of it all, the family can keep what they want on a form 5 , or sell, no SOT needed,

 

[Ivan Ivanovich]

Form 5 can be a PIA if not done right. The heir only needs Form Five if they wish to keep the piece for themselves. Otherwise it is the Estate that is selling/transferring the registered guns. It might be a good idea to have a Class 3/SOT dealer involved to facilitate transfer. Uncle Sam wants his $200 Tax !

 

[amafrank]

The executor of the estate can sign the forms for the transfer to any legal party. If they're going to an heir as in any immediate family or anyone specifically named in a will they can be transferred via a form 5320.5 (form 5) tax free. If they're being transferred to anyone else like a dealer or non FFL holding individual they will go on a tax paid form 4 (5320.4). If the executor is unfamiliar with the forms there are many of us who can help them with information and advice. ATF will frequently help out with procedures. They like to keep this stuff straight surprisingly enough. Estate stuff frequently gets sold off without proper paperwork and that screws things up down the line.

If the heir has had the items transferred to himself he can transfer them out to anyone else via a form 4 tax paid just like the estate could have done. You don't need an instate dealer for transfers but out of state transfers must go to an FFL holder>


Hope that helps

Frank

 

[joab]

Could the wife of the person who owned the NFA items have them properly demilled and sold as parts kits. ? Yes, I know Why would you want to destroy an NFA item But I was curious of how that Is angle would work.

 

[Bill_in_VA]

Could the wife of the person who owned the NFA items have them properly demilled and sold as parts kits. ? Yes, I know Why would you want to destroy an NFA item But I was curious of how that Is angle would work.

Never, never, ever, do this! Ever. There are few enough transferrable guns as it is. There is absolutely no reason to destroy a transferrable machine gun.
It’s also both a stupid move to pull and a stupid suggestion to consider. The value of any transferrable machine gun FAR exceeds the value of any parts kit. Why would you ever suggest someone turn a $30,000 Thompson, for example, into a $2500 parts kit?

amafrank has a long and respected background with the NFA. Listen to him.

 

[joab]

Never, never, ever, do this! Ever. There are few enough transferrable guns as it is. There is absolutely no reason to destroy a transferrable machine gun.
It’s also both a stupid move to pull and a stupid suggestion to consider. The value of any transferrable machine gun FAR exceeds the value of any parts kit. Why would you ever suggest someone turn a $30,000 Thompson, for example, into a $2500 parts kit?

amafrank has a long and respected background with the NFA. Listen to him.

I would never do this of course. I was just curious of how that worked out legally... thanks

 

[Lyman1903]

I would never do this of course. I was just curious of how that worked out legally... thanks

you would have to destroy the receiver per ATF directions, and send them pics, and have them take it off the registry,


when my father passed, he was a sole proprietor , and we had to close out his license and SOT,
we had some of the M60 receivers that were part of the Stemple (I think that was the maker) that the ATF refused to allow us to sell as a transferable, they considered them post samples,

tried to get rid of them to a dealer but no one wanted them, so I cut them up, had the IOI come by with an agent, they watched me cut the trunions off, (they were worth more than a post sample receiver) wrote me a receipt and took the rest of the reciever with them

 

[joab]

you would have to destroy the receiver per ATF directions, and send them pics, and have them take it off the registry,


when my father passed, he was a sole proprietor , and we had to close out his license and SOT,
we had some of the M60 receivers that were part of the Stemple (I think that was the maker) that the ATF refused to allow us to sell as a transferable, they considered them post samples,

tried to get rid of them to a dealer but no one wanted them, so I cut them up, had the IOI come by with an agent, they watched me cut the trunions off, (they were worth more than a post sample receiver) wrote me a receipt and took the rest of the reciever with them

This is what I was looking for. Thank you... Boy, that's a shame that you couldn't keep them or that you could not at least sell them.

 

[Lyman1903]

This is what I was looking for. Thank you... Boy, that's a shame that you couldn't keep them or that you could not at least sell them.

like I said, no one wanted them
even had them on gunborker for a bit,
and did keep the trunions, they sold quickly to folks doing a semi build

 

[limpetmine]

There were a lot of shenanigans in the months leading up to the ban on new registered MG's. Reagan screwed us hard on that one.

 

[Ivan Ivanovich]

Reagan did not screw us on that one. There were certainly others involved. It was last minute additions by a certain NJ Senator and the NRA-ILA wanting to push through the Firearms Owners Protection Act no matter what ! May have been better to let the FOPA die on the vine and try again. In 1986 registered Full Auto owners were not as numerous or visible (thanks to the Internet) as today. Seemed in the mid 1980s that legal Full Auto ownership was just starting to become " popular" ? A lot of the myths that surrounded Class 3 weapons were being debunked and more folks realized the $200 Tax was not all that expensive if it meant you could own a $300 Reising, STEN or MAC10 rattle gun ! !
At the last minute NJ Senator Lautenberg and his minions added the No New Manufactor MG clause. The NRA/ILA sat on their thumbs and let it slide. Ronnie signed it on bad advice.

 

[sweetgrass2305]

Does anyone think the time will ever come when an unregistered auto weapon could be registered and make it legal to own?

 

[Highrider]

This⬆⬆⬆⬆⬆⬆ Standing by🤞🏻

 

[sweetgrass2305]

This⬆⬆⬆⬆⬆⬆ Standing by🤞🏻

Does your remark mean what I think it means. Please explain !!

 

[johnsonlmg]

Reagan did not screw us on that one. There were certainly others involved. It was last minute additions by a certain NJ Senator and the NRA-ILA wanting to push through the Firearms Owners Protection Act no matter what ! May have been better to let the FOPA die on the vine and try again. In 1986 registered Full Auto owners were not as numerous or visible (thanks to the Internet) as today. Seemed in the mid 1980s that legal Full Auto ownership was just starting to become " popular" ? A lot of the myths that surrounded Class 3 weapons were being debunked and more folks realized the $200 Tax was not all that expensive if it meant you could own a $300 Reising, STEN or MAC10 rattle gun ! !
At the last minute NJ Senator Lautenberg and his minions added the No New Manufactor MG clause. The NRA/ILA sat on their thumbs and let it slide. Ronnie signed it on bad advice.

Not to mention it failed on a voice vote, but the speaker's hearing somehow went bad and he passed it anyhow? It really took a long time after 1986 for things to start selling. MG's didn't really take off until about 2000+, after the internet thing become popular just after the 56K modem become outdated!

Yes, everyone is waiting for the next amnesty, but since the last one was in 68', it could be a while longer? LOL

 

[Highrider]

Does your remark mean what I think it means. Please explain !!

It means I like that post and I hope you are right.