I need info from ffl members

Discussion in 'NFA/Class 3 & FFL Discussion' started by DREWTASTIC119, Jan 26, 2013.

  1. DREWTASTIC119

    DREWTASTIC119 New Member

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    I lost my father 4 years ago. He was had and ffl license and owned fully automatic weapons and other parts that you have to have a ffl for. My question is the firearms are still in his safe what are me and my brother suppose to do with these all the weapons he has that are registered in his name?
    name
     
  2. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    C3Shooter is the resident expert on this. maybe he will pop in and give some input on your situation. if not send him a PM. he's pretty knowledgeable on these subjects.
     

  3. c3shooter

    c3shooter Administrator Staff Member

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    Drew- moved your thread over to the FFL/ Class III section, where you are more likely to get an answer.


    Now, first thing- there are a couple of different categories of full auto firearms. One is a TRANSFERABLE firearm, made and registered with the BATFE prior to May 1986. This can be transferred to a private citizen that is NOT a FFL holder.

    The other is the NON-TRANSFERABLE stock of someone licensed as a machine gun dealer. Typically registered after the May 1986 cutoff date, they may only be transferred to a law enforcement AGENCY, a MILITARY agency, or another machine gun dealer.

    Normally transfer of ownership of a full auto firearm to a private end user requires payment of a one time $200 per item tax- HOWEVER- there is an exception in the law for transfer by inheritance.

    I have no way of knowing which category of arms you may have in that safe, but machine gun dealers are subject to audit by the BATFE- and someone at some time is going to be asking questions.

    I would strongly recommend that you or your family attorney contact BATFE Firearms Tech Branch, National Firearms Act section SOONEST. Monday would be good. Explain the circumstances (discovered after the death of your father, we never looked in that safe until this weekend, etc) The ATF will send an agent or industry inspector out to you.

    Here is the good news- arms that are properly registered are QUITE valuable, especially if transferable to a private citizen.

    Here is the BAD news- arms that are NOT already registered cannot be, and must be surrendered to the BATFE for destruction. Also- if you attempt to conceal that you now possess a machine gun NOT registered to you or to a trust, that is a SERIOUS violation of Federal law (10 yrs, no parole, $10,000)

    Here is the contact info for NFA section-

    Bureau of Alcohol, Tobacco, Firearms and Explosives
    National Firearms Act Branch
    244 Needy Road
    Martinsburg, West Virginia 25405 USA
    Voice (304) 616-4500
    Fax (304) 616-4501

    I do not claim to be the ultimate expert on NFA items- have some experience- but the folks above are not only the experts, but they are the regulators.
     
  4. DREWTASTIC119

    DREWTASTIC119 New Member

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    Thank you so much for all the info and advice we will get right on that!
     
  5. sixgun shorty

    sixgun shorty New Member

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    I am am FFL/SOT Holder and C3 is right on the mark.
    I can't tell you how mant calls i receive telling me their Daddy brough back an M2 carbine or Thompson during WWII...If the person that brought it back did not register it before the 'amnesty period' in 1968., it can never be legally registered.Period.There is absolutely no way to register it!
     
  6. MMullis

    MMullis New Member

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    How would I start going about looking and purchasing a fully automatic rifle or compact. New to this, was in the Service many years ago and did not have to worry about buying these kind of weapons. Thanks for your time.
    Mike
     
  7. orangello

    orangello New Member

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    http://smithsspeedshop.com/

    Maybe this guy knows somebody near you. I have not done business with him, but a buddy of mine has. Dude has a good rep.
     
  8. fa35jsf

    fa35jsf New Member

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    Start with anywhere from $10-40K. If you are lucky you can find some for less. PM me if you are serious and can make a trip down to Houston area, Texas cause I have some leads on class 3 weapons for under $10k.

    Next is an FBI background check and $200 to the ATF
     
  9. bluez

    bluez Well-Known Member

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    C3 et al:

    Has it ever happend that someone who in good faith called the ATF for such help and when they arrived /inspected they said "Aha! now we see you have contraband , off to jail we go!"
     
  10. sixgun shorty

    sixgun shorty New Member

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    IMHO,Best entry level SMG for the money and more is a Mac 10 or 11
    The Ingram MAC 10 Powder Springs is the most desirable and collectible as well.Extremely low maintenance ,ultra reliable, parts are easy to obtain.
    Nice MAC 10's are regularly about $3500-5000
    Of course, first talk to your local FFL/SOT and the whole process of transfer
    Is relatively simple.Expect 8-10 month wait by NFA awaiting the Form 4 Approvals
     
  11. c3shooter

    c3shooter Administrator Staff Member

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    Bluez- while anything is possible in dealing with the govt, have not encountered that.

    In the case of NFA firearms (class IIIs) the law requires (under some circumstances) that a contraband item be surrendered to the BATFE.

    In the case of kids are cleaning up the house after the funeral, and find that Dad did really bring home a Schmeiser machine pistol, and put it in the closet- and in a reasonable time after realizing what you had it, you contacted them- no, they have actually been pretty decent about it. Happens more often than you would think.

    DISCLAIMER- not a lawyer- gun collector, 03 FFL holder, broken down old cop- but to commit a crime, there are 2 elements- mens rea, and actus rea. Mens rea- you had the mental INTENT to do the act, and you actually carried out the act.

    You go to a mini-storage auction. For $10, you buy the contents of unit #34. 5 large carboard boxes. One is flled with heroin, one with Uzis, one with counterfeit cash, one with Twinkies, and one with body parts of former competitors. While there are potentially more Federal and State felonies here than a law class could list, unless you take some further actions (trying to hide the contraband, or sell it to the Heck's Angels MC) You have no displayed INTENT to illegally possess any of this.

    You may recall that I advised the OP to contact the Firearms Branch soonest- as in first working day. Best way to demonstrate lack of intent is prompt notification. If you are REALLY worried, you can always find a REAL attorney (which again, I am not) and have your attorney notify the agency.