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atf/ffl regulations

baaddawgbaaddawg Member Posts: 114 ✭✭
edited May 2017 in General Discussion
My friend passed, and his wife has 2 full auto guns. She does not want to break any laws. What does she need to do to sell them legally?
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  • remingtonoaksremingtonoaks Member Posts: 26,245 ✭✭✭
    edited November -1
    When she finds new buyer make sure they have purchased the proper tax permit for them, and go through an FFL

    The FFL Will make sure all the Is are dotted and T's are crossed so she does not get in any trouble
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  • baaddawgbaaddawg Member Posts: 114 ✭✭
    edited November -1
    can any ffl do this, or is a special license required?
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  • mark christianmark christian Member Posts: 24,443 ✭✭✭✭
    edited November -1
    quote:Originally posted by baaddawg
    can any ffl do this, or is a special license required?


    A dealer who is a Special Occupational Tax Payer, Class 3 (hence the term Class 3 Dealer) will be needed to handle the transfer on the buyer's end, unless the machineguns are classified as Curio and Relics. If they are C&R then they can be shipped directly to the buyer once the paperwork has cleared the ATF. This takes time, so don't anyone get into a rush.
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  • Smitty500magSmitty500mag Member Posts: 13,623 ✭✭✭✭
    edited November -1
    quote:Originally posted by baaddawg
    My friend passed, and his wife has 2 full auto guns. She does not want to break any laws. What does she need to do to sell them legally?


    Revised: I thought you said semi auto. Full auto you will need a FFL for that.
    If you live in a free state and not some where like California you don't need an FFL for a semi auto, you can sell them to anyone that's a resident of your state face to face that's legal to own a gun.
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  • 1911a1-fan1911a1-fan Member Posts: 51,193 ✭✭
    edited November -1
    what are they and what state to the reside in?

    that way you can get more details on how to proceed and better idea on value, value can range from 3,000 to 100,000+
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  • nmyersnmyers Member Posts: 16,892 ✭✭✭✭
    edited November -1
    For now, they belong to the estate, not the wife. The personal representative must maintain possession. He needs to determine how they are titled (the ATF form), & the disposition in the will. We don't yet have enough information to know what the situation is.

    Neal
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  • yoshmysteryoshmyster Member Posts: 22,059 ✭✭✭✭
    edited November -1
    If they're transferable get a copy of Shotgun News and call all the auto buyers listed on there for the best price.
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  • shootuadealshootuadeal Member Posts: 5,301 ✭✭✭✭
    edited November -1
    ATF Form 5 needs to be filled out by wife, just google "ATF Form 5" , print it off, have her fill it out and send it in. No tax just a change of ownership.

    Otherwise any SOT can buy it on a form 3.

    Either way she should call her local ATF branch office for guidance but they will have her do the form 5 so she might as well have it ready. Find the form 4's for them and copy the gun info down exactly from the form 4 to the form 5.

    I usually advise my customers on this and tell them to print off form 5s and tell their spouses what to do upon their deaths.
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  • shootuadealshootuadeal Member Posts: 5,301 ✭✭✭✭
    edited November -1
    quote:Originally posted by remingtonoaks
    When she finds new buyer make sure they have purchased the proper tax permit for them, and go through an FFL

    The FFL Will make sure all the Is are dotted and T's are crossed so she does not get in any trouble


    I won't get into how dumb that advice is but will say that's not how NFA transfers work.
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