Legal Question on NFA

Nolacopusmc · Sep 14, 2010

HYPOTHETICAL QUESTION:

My grandfather passes away and in cleaning out his estate, we come across a full-auto M-16 or M-14 or something he somehow got home from "The NAM" or Korea.

1. WHat are the legal implications?
2. Is there any way to legally keep this firearm?

PS. For all the smartazzes, yet another topic that I do not "know everything about." :todd:

aroundlsu · Sep 14, 2010

If it's not already registered on a form 4 there is absolutely no way you can legally possess it. You can call the NFA to check the serial number. It will either come back registered or come back with no record.

Nolacopusmc · Sep 14, 2010

aroundlsu said:
If it's not already registered on a form 4 there is absolutely no way you can legally possess it. You can call the NFA to check the serial number. It will either come back registered or come back with no record.

If it is not registered what is one to do with the firearm?

aroundlsu · Sep 14, 2010

The NFA branch says to destroy it using the method they specify or call them to arrange surrendering the weapon.

This question comes up everyday in the various NFA forums. '

Nolacopusmc · Sep 14, 2010

Thanks T

madmax4x4 · Sep 14, 2010

You can destroy the lower and sell the upper. Or demill other guns fast and sell the parts and destroy the receiver. If you are good friends with a sot class to he can make it a sample. But you don't want to be out driving with it all at once, you know why

. I would not take it to just any sot and say look what I found

best bet if to demill after calling the Nfa branch

Nolacopusmc · Sep 14, 2010

madmax4x4 said:
You can destroy the lower and sell the upper. Or demill other guns fast and sell the parts and destroy the receiver. If you are good friends with a sot class to he can make it a sample. But you don't want to be out driving with it all at once, you know why . I would not take it to just any sot and say look what I found best bet if to demill after calling the Nfa branch

In theory, could an SOT then sell it as a sample?

madmax4x4 · Sep 14, 2010

Nolacopusmc said:
In theory, could an SOT then sell it as a sample?

Yes, after a demo letter or paperwork has been done. But sot's can't really just have full autos kicking around with out a log. Most get along with, and get a heads up before the knock on the door.

It still would not be transferable to us.

Edit to add it still could not be sold back to the one who found it

Nolacopusmc · Sep 14, 2010

madmax4x4 said:
Yes, after a demo letter or paperwork has been done. But sot's can't really just have full autos kicking around with out a log. Most get along with, and get a heads up before the knock on the door.

It still would not be transferable to us.

Edit to add it still could not be sold back to the one who found it

But it could still legally be sold to someone else?

JumpmanUSC · Sep 14, 2010

No. The firearm, once papered by the SOT would then be classified as a post-sample firearm (in this case a MG registered or "made" after May 1986) and therefore would not be transferable to common folk. The caveat is the dealer could sell the post sample firearm to another dealer only.

spanky · Sep 14, 2010

Trying to bring something back are ya?

deafdave3 · Sep 14, 2010

Brannon, that thing is a worthless piece of junk. I'd be happy to take it off your hands for say... $50. Just don't tell anyone about this.

Tulse Luper · Sep 14, 2010

aroundlsu said:
The NFA branch says to destroy it using the method they specify or call them to arrange surrendering the weapon.

Sophie's choice.

Tim67 · Sep 14, 2010

Part it out and destroy or turn in the receiver. If it's an heirloom that you want to keep, you can build a dummy or a semiauto on an appropriate receiver and replace the necessary fire control parts.

VincentBuckles · Sep 15, 2010

Nolacopusmc said:
HYPOTHETICAL QUESTION:

My grandfather passes away and in cleaning out his estate, we come across a full-auto M-16 or M-14 or something he somehow got home from "The NAM" or Korea.

1. WHat are the legal implications?
2. Is there any way to legally keep this firearm?
PS. For all the smartazzes, yet another topic that I do not "know everything about."

the first legal implication i can think of is that ol pappy was legally a liar if he claimed to have brought back an M-16 or M-14 from korea. the second one is that after the 1968 ammnesty period there is not way to register it to you.

i would most ricky tick torch cut the receiver and have the experts at red jacket build you a semi auto model. just sayin.

this all depends on what you actually found in paw paws old sea chest. if its a rusty ol sten gun i'd say plant it in the trunk of some dope dealers lamborghini and then accidentally on purpose bust him and "lose' his car at the way to your impound. this might happen somehwere close to your garage.

i havent slept since the baby was born and apparently now its obvious.

madmax4x4 · Sep 16, 2010

1986....

Hardballing · Sep 16, 2010

Okay, let me change the hypothetical here and see what comes back.

Let's say it's not Korea and it's not an M16.

Let's say it's WW2 and that "grandpa" or whoemever DID do a legal transfer (paid the tax and had the forms) then to himself and his wife. Meaning, it was a war trophy he wanted to keep, did the tax payment, and had the paperwork filled out at the time.

The wife dies and the weapon is discovered by his kids or grandkids.

What happens then? Remember, the tax was originally paid, but the weapon in this scenario has lain undiscovered for 50 or so years. ALL of the original transferees would now be deceased.

What's the story? Get a lawyer?

Tulse Luper · Sep 16, 2010

Hardballing said:
Get a lawyer?

Yep, succession attorney.

Gus McCrae · Sep 16, 2010

IMO it's all BS that the weapon has to be destroyed, but that's what our government is for. BSing the public.

Tim67 · Sep 17, 2010

Tulse Luper said:
Yep, succession attorney.

If it was legally possessed at the time of the owner's death, your odds of getting this cleaned up legally are pretty good.

Legal Question on NFA

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