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Class 3 question

jsmith15jsmith15 Member Posts: 36 ✭✭
edited June 2010 in Ask the Experts
Wanting info before I possible call BATFE in the morning.

Seller sent me pics of the tax stamp on the gun. No ID number on the tax stamp as I have seen before BUT the SN of the gun wrote in ink across the area where the number goes.

Also on the paperwork there is an area for the Tax Stamp number to be hand written in. Their copy says " $200 ".

Anyone seen this before?
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    jsmith15jsmith15 Member Posts: 36 ✭✭
    edited November -1
    I understand the process for getting a class 3 ffl. My question is what is this "law enforcement demo letter" that people auctioning weapons on gunbroker.com are asking for? If you are a class 3 dealer, do you need this "demo letter" to buy the class 3 weapons? What does this "demo letter" allow you to do?
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    jsmith15jsmith15 Member Posts: 36 ✭✭
    edited November -1
    A friend of mine recently inherited a number of weapons, one of which was a nice M2 Cabine. No poblems, and sadly the gun went to the local PD. Would there have been any way to legally keep it? My thoughts were if you change the trigger group with semi-auto one it would be semi only, but still marked as a M2. I know the receiver is the "gun" part of a gun, but??? Probably just wishful thinking. Thanks!
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    jsmith15jsmith15 Member Posts: 36 ✭✭
    edited November -1
    I have a buddy (no, for real, not me) that has a registered sear for an HK, that is currently in a MP5. It is on the ATF paperwork that it is ok for 9mm,.45, .233. and .308.
    the question is 2 part.
    Is the MP5 legal if he takes the sear out and uses it in another weapon ,after all it is a SBR without the sear? and
    A regular semi-auto HK91 is not set up to accept the sear and the full auto lower. So is it legal to convert a HK91 to accept a sear, full auto lower, and change the bolt carrier, if you have the registered sear to make it full auto, and is this gun legal without the sear in it?
    I guess the short question is "Is it legal to have 2 HK weapons that are able to accept a registered sear and fire full auto, but only have 1 registered sear?"

    Thank you

    "Mongo only pawn in game of life"
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    jsmith15jsmith15 Member Posts: 36 ✭✭
    edited November -1
    I have an ailing cousin who has no kids, and his wife passed away 10 months ago. He has an Ingram Cobray that he bought new in the early 80's and has the paperwork and the stamp with it. He wants to pass the gun to me if possible. We both live in the same state of Georgia. Can someone tell me how this transfer needs to happen?
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    jsmith15jsmith15 Member Posts: 36 ✭✭
    edited November -1
    Is it legal to buy new manufactured full-automatic weapons, and what are the regulations surrounding the topic.

    I know there are some regs surrounding May 1986 for full-auto, but I don't know the specifics.
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    MrM1A1MrM1A1 Member Posts: 2,764 ✭✭
    edited November -1
    First of all, I'm sorry to hear of your cousin's situation. All you need to do is find and contact a class 3 dealer in your state, and let them know what you want to do. They will be able to run the transfer for you for a nominal fee, plus the $200 tax stamp. They should be able to answer any questions you might have. Good luck to you and yours[;)]
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    nmyersnmyers Member Posts: 16,880 ✭✭✭✭
    edited November -1
    Or, if he wants to leave it to you in his will, then ATF will waive the $200 stamp on the transfer. The personal representative for the estate would be responsible for safeguarding the gun, & taking care of the paperwork, until transfer to you is approved.

    Neal
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    DRP-AZDRP-AZ Member Posts: 2,318 ✭✭✭✭✭
    edited November -1
    disregard, I totally read the whole thing incorrectly.

    He can write you in his will and the item transfers to you tax-free on a n ATF Form 5 after his death. You do not need a dealer's involvement at all.
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    NwcidNwcid Member Posts: 10,674 ✭
    edited November -1
    Found in the NFA FAQ above.

    http://www.atf.gov/publications/download/p/atf-p-5320-8/atf-p-5320-8-chapter-9.pdf

    9.5.3 Distribution of estate firearms. A decedent's registered NFA firearms may be conveyed taxexempt
    to lawful heirs. These distributions are not treated as voluntary "transfers" under the NFA.
    Rather, they are considered to be involuntary "transfers by operation of law." Under this concept, ATF
    will honor State court decisions relative to the ownership and right to possess NFA firearms. So, when
    State courts authorize the distribution of estate firearms to decedents' lawful heirs, ATF will approve the
    distribution and registration to the heirs if the transactions are otherwise lawful. 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.
    170 18 U.S.C. 922(a)(4); 27 CFR 478.28


    9.5.3.1 Distributions to heirs. Although these distributions are not treated as "transfers" for
    purposes of the NFA, Form 5 must be filed by an executor or administrator to register a firearm
    to a lawful heir and the form must be approved by ATF prior to distribution to the heir. The
    form should be filed as soon as possible. However, ATF will allow a reasonable time to arrange
    for the transfer. This generally should be done before probate is closed. When a firearm is being
    transferred to an individual heir, his or her fingerprints on FBI Forms FD-258 must accompany
    the transfer application. The application will be denied if the heir's receipt or possession of the
    firearm would violate Federal, State, or local law. The law enforcement certification on the form
    need not be completed. The form should also be accompanied by documentation showing the
    executor's or administrator's authority to distribute the firearm as well as the heir's entitlement
    to the firearm. Distributions to heirs should not be made until Forms 5 are approved. Executors
    and administrators are not required to have estate firearms registered to them prior to distribution
    to lawful heirs.
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    jsmith15jsmith15 Member Posts: 36 ✭✭
    edited November -1
    He wants to keep the Ingram in the family, and to me only because I collect firearms and no one else in the family does. I should have been more clear on that. He wants to transfer the gun now. He wants a small price for the gun. He still could have a couple of years to live.
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    NwcidNwcid Member Posts: 10,674 ✭
    edited November -1
    quote:Originally posted by jsmith15
    He wants to keep the Ingram in the family, and to me only because I collect firearms and no one else in the family does. I should have been more clear on that. He wants to transfer the gun now. He wants a small price for the gun. He still could have a couple of years to live.


    If he wants to transfer it to you now go to the link I posted, it has the info. But basically fill out a Form 4 and pay the $200 transfer tax. To fill out a Form 4 you will either need a LEO sign off, Fingerprint cards and passport photos OR a trust OR an LLC.

    Since you are IN the same state you DONT need to go though a dealer. Dealers are ONLY needed for OUT of state transfers.
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