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NFA tranfer
Jackamo
Member Posts: 3 ✭✭
My mom has 10 firearms that were registered in her name in the amnesty period in 1968. None of them are anywhere in the C&R lists, although it would seem like they should be, since they were registered. To transfer them to me, just go through a class III dealer?
Comments
If she has 10 legal NFA items you are talking about a lot of money in firearms there. Depending on what she has you are probably talking $60,000 to $150,000 worth of guns easily.
You might be best to contact a firearms lawyer on this one but here are some suggestions.
Normal NFA transfer requires a $200/item/transfer (with AOW only being $5). If you and your mom live in the same state you could just fill out a Form 4 for each item and send in a check for $200 x the # of items (assuming all 10 it would be $2000) and then wait about 3-4 months (current time) for them to be transfered to your name. If you live in different states you will need to get a NFA dealer involved and there will be another set of transfers to pay. The items will have to transfer from mom to deal (at $200/item) then dealer to you (at $200/item) doubling your tax paid to the ATF to $4000 and the deal will usually get about $75/transfer too so there is another $750 for your 10 guns.
I know that you can legally inherit NFA items WITHOUT paying the $200 transfer fee for each (AOW is only $5). I am not sure if the person has to be deceased to do this or not. You will also have to make sure it is legal in your state as in some places it was once legal but is not now. So if you inherit them in a state where it is no longer legal I am not sure how that works.
Depending on how the guns are papered now and who wants or gets the guns there may be better ways to do the transfer. Are you going to be the only one that is getting these guns or do you have siblings that want them too? Are you going to be the only one that wants to have possession of them or do you have other family that will/should/wants rights to them too? If it is going to be more then you I would look into getting a trust set up so that more then just you could be in legal possession of them.
I know there is a lot on this one and with the amount of money involved I would spend the couple hundred dollars (VERY cheep in the long run on a project like this) to have a consult with a lawyer. If you are just doing a direct to you in state transfer from you mom to you I would call the local ATF branch and get the word right from them about how they want you to legally transfer them.
Thanks for the info. We live in different states, and yes, the firearms are legal in both. I think that most of them are AOW, like a canegun shotgun (16 ga), some Marble gamegetters, 14" winchester, are not Class III anymore, but would be C&R. Transfer fees would be alot less. I'll see about contacting firearms attorney.
If you can get me a basic list of what kinda guns we are talking about then I could be more help. Since you were talking about the 1968 amnesty I assumed they were mostly machineguns. If you are talking mostly AOW's the value will be a small fraction of what I stated above because AOW is still legal to build. The reason MG's have such a high value is due to the limited number LEGAL ones available for sale.
Again unless the ATF has physically taking the firearm/item off the NFA list it is still a NFA firearm even if it is 90 years old like a Maxim machine gun. There are C&R age NFA guns and all this means is that if you have a 03 FFL (C&R) you can have a C&R NFA item shipped directly too you but you STILL have to do all the proper NFA paperwork.
If you are saying some of the items she owns have been removed from the NFA list then they transfer to you just like normal firearms with no NFA paperwork. I would do your homework and be 110% sure of this prior to doing anything with them.
Since you live out of state the NFA transfers will have to go too a dealer on your end. Find one and start making friends with him fast [:D] I would seek out a couple and take a real and complete list of what it is that will be transfered to them and get a quote for what the will charge to do the transfer. They may also be able to help with some legal stuff too by just having been in the business and dealing with this stuff before. Make sure to check with more then one dealer and find out if they are reputable. Nothing worse then getting your stuff tied up with a bad dealer, and it does happen. Also make sure the dealer has been around in the NFA business for a while. My last NFA transfer was though an old FFL that was a new NFA dealer. I knew this getting into it and knew what I had to do and helped him though his first 3rd party out of state transfer. He made me a deal on the transfer I could not refuse, but I would not have done it for my first ever transfer.
When you go to the dealer make sure you have a complete list of exactly what kind of gun it is. The type of form it is on (says on the Form your mom has). A good description of the gun (found on the Form you mom has). If you can get a fax of photo copies of the paperwork you mom has and take it with you that would be best.