Inheriting a Sub Machine Gun?

[jethro75]

A friend of mine recently discovered a Thompsons sub machine gun while cleaning her fathers house(he just passed away). She called the BATF and surrendered it to them by their request. They called her back after a cuople of weeks and said that she could keep it, but would need to pay $400 dollar tax stamp and that she would need a Class III liscense. The guy from the ATF said that the liscense is near impoosable to get and that he would like to purchase it from her. He didnt make an offer, but I imagine it would be far less than its worth.

Her thought is she would like to sell it as she has no use for it and would like to know what her options are and the process as far as legally possing it and selling it.

By the way I was there helping when found and got to see it. Pretty darn sweet and in great shape.

[ungawa]

A friend of mine recently discovered a Thompsons sub machine gun while cleaning her fathers house(he just passed away). She called the BATF and surrendered it to them by their request. They called her back after a cuople of weeks and said that she could keep it, but would need to pay $400 dollar tax stamp and that she would need a Class III liscense. The guy from the ATF said that the liscense is near impoosable to get and that he would like to purchase it from her. He didnt make an offer, but I imagine it would be far less than its worth.

Her thought is she would like to sell it as she has no use for it and would like to know what her options are and the process as far as legally possing it and selling it.

By the way I was there helping when found and got to see it. Pretty darn sweet and in great shape.

None of that makes any sense at all.

[PaBimmerGuy]

that atf guy is trying to screw her. unless something changed the tax stamp is $200 and there is no need for a class iii license. if the gun is not transferable then the agent couldnt buy it either.

if the father had paid the transfer tax on it then it can be transferred out of the estate to an heir without payment of an additional transfer tax.

i would contact the atf agents supervisor.

i am not a lawyer and the above statements are based on my reading the the nfa.

[tl_3237]

Yup - sounds like BS or trolling but, if legitimate then the answer from BATFE is:

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

If previously registered, it can be transferred to the beneficiary. If unregistered, it is contraband.

[ungawa]

I think most inheritances can be done on a tax free form on top of all that. And that's not even getting started. I don't think the OP has the real story.

[jethro75]

Thats kind of what I thought also. I uderstand needing to get a tax stamp from what I have read but I couldnt find an answer for this situation.

I cant figure out if she can own it with a tax stamp becuase it was inherited but could not sell with out a Class III liscense(but how could she sell to him if thats the case and its imppossable to get one?).

I am just trying to figure out if they do give it back what she needs to do, I cant imagine they would give it back without it be legal to have.

[jethro75]

This is what she told me today after the guy from the ATF called her, maybe she got confused on what he said, IDK.

I can assure you that I am not TROLLING. I have been a member for about 4 years; I don’t post much but read all of the time. Check my past post they are not even remotely trolling or this crazy.

I didn’t imagine it was registered, but from what I read is that if it wasn’t ever registered then they would just keep it and never would have called her and told her she could have it back if she paid the tax fee, correct?

[PaBimmerGuy]

I didn’t imagine it was registered, but from what I read is that if it wasn’t ever registered then they would just keep it and never would have called her and told her she could have it back if she paid the tax fee, correct?

too many red flags are going up here.

if it was unable to be transferred atf would just keep it and add it to their collection and thank her for surrendering it.

if is transferrable and the story was related to you correctly then we have two possibilities. first is that the agent or inspector is confused as all get out and needs some extra training. the second is that the agent or inspector is running a scam.

my experience with atf inspectors in industry operations is that they know every word of the laws that they have to deal with and know all of the current interpretations. on the rare occasion that you stump them they will ask someone else and return with citations to answer your questions.

[GunLawyer001]

This is what she told me today after the guy from the ATF called her, maybe she got confused on what he said, IDK.

I can assure you that I am not TROLLING. I have been a member for about 4 years; I don’t post much but read all of the time. Check my past post they are not even remotely trolling or this crazy.

I didn’t imagine it was registered, but from what I read is that if it wasn’t ever registered then they would just keep it and never would have called her and told her she could have it back if she paid the tax fee, correct?

You or she can call me and I'll explain the options. Look for a PM.

[bac0nfat]

You or she can call me and I'll explain the options. Look for a PM.

^^^ Listen to this guy and take notes.