looks like i'm inheriting a select fire rifle

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Re: looks like i'm inheriting a select fire rifle

Postby tman on Sat May 12, 2012 9:14 pm

bulletproof wrote:
timwarner wrote:Also, contact the mod, have him delete this thread.
Take some advice from every other legal related thread that has been posted here.
STFU, don't post it, call a lawyer. If you have a question regarding something legal, just ask or search her. We can all recommend someone


He is inheriting a legal piece of property. There is no need to go off the deep end like he did something illegal or needs counsel.



And how does he know it's legally possessed?

My guess is that Dad has told him it is. Shouldn't dad also know the paperwork required to transfer it?

I agree with Mr. Warner here.
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Re: looks like i'm inheriting a select fire rifle

Postby bulletproof on Sat May 12, 2012 9:26 pm

You better consult a lawyer before you walk outside tomorrow. The laws might have changed!
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Re: looks like i'm inheriting a select fire rifle

Postby BemidjiDweller on Sat May 12, 2012 9:26 pm

It has been just over 25 years, saying dad had it when the registry closed. And depending on health conditions, he could have forgotten the process, while still knowing he has to have the paper work with the firearm at all times.
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Re: looks like i'm inheriting a select fire rifle

Postby timwarner on Sat May 12, 2012 10:17 pm

bulletproof wrote:
timwarner wrote:Also, contact the mod, have him delete this thread.
Take some advice from every other legal related thread that has been posted here.
STFU, don't post it, call a lawyer. If you have a question regarding something legal, just ask or search her. We can all recommend someone


He is inheriting a legal piece of property. There is no need to go off the deep end like he did something illegal or needs counsel.


I am not saying he did or is doing anything illegal. But in a transfer of a (most likely unregistered, brought back from wartime), I would consult someone who knew more about the legality, than an internet forum.

If it's registered, just fill out paperwork and pay your fees.
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Re: looks like i'm inheriting a select fire rifle

Postby Nat on Sat May 12, 2012 10:55 pm

I have zero reason to doubt the legality or registration status of this weapon. I just want to make hella certain, before taking possession, that I have taken every measure necessary to maintain that legality.
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Re: looks like i'm inheriting a select fire rifle

Postby Hmac on Sun May 13, 2012 6:53 am

From a practical standpoint, that chances that some ATF agent is cruising these firearms boards trying to sniff out NFA violations, even if this scenario was one, is very, very low. They are way understaffed and have plenty of other things to do. Having said that, within the NFA Title II realm, BATFE looks a lot closer at machine guns than they do at short-barrel weapons. In that regard, I do think that consulting a firearms attorney is wise, not just to draw up the trust, but to assure that you won't accidentally wind up in possession of a weapon that violates the NFA. It can be a mistake to assume that just because your Form 4 clears and you receive a stamp means that you're legal and good to go. NFA Branch is a regulatory agency. That means that the interpretation of the gray areas (and there are many) in the NFA are open to interpretation at the whim of the Chief of NFA, and in some cases each individual NFA examiner.

You might find some value in downloading and reading the NFA Handbook. It's available at the ATF website.
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Re: looks like i'm inheriting a select fire rifle

Postby Morbius on Sun May 13, 2012 9:01 am

Go to subguns.com read awhile and you will know where to go, atfs site actually has good info, also if it was registered in the amnesty the process is different now, I believe if given before death it is a normal tax paid transfer, after it is a tax free transfer to heir, imo 200 dollars isn't worth saving so do it ahead of any need for a will, which I hope for you is a LONG time away..its always too soon for that :( . Just don't take possession until atf gives their stamp of approval (pun intended). Oh and keep the amnesty papers with it if it was, great thing to pass on to your kids with the rifle later on.
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Re: looks like i'm inheriting a select fire rifle

Postby bulletproof on Sun May 13, 2012 9:37 am

Hmac wrote:From a practical standpoint, that chances that some ATF agent is cruising these firearms boards trying to sniff out NFA violations, even if this scenario was one, is very, very low. They are way understaffed and have plenty of other things to do.


If the ATF only had one staff member I wouldn't consider them "understaffed". ;)

timwarner wrote:I am not saying he did or is doing anything illegal. But in a transfer of a (most likely unregistered, brought back from wartime), I would consult someone who knew more about the legality, than an internet forum.


If it was a weapon that wasn't registered under the amnesty there really isn't much you can do with it legally. When the amnesty took place apparently the ATF really messed up the paperwork they were swamped with. If he has any sort of documentation showing he tried to register it that could open up a whole can of worms for the BATFE.

http://www.nraila.org/news-issues/fact- ... s-act.aspx
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Re: looks like i'm inheriting a select fire rifle

Postby Bitter Bastard on Sun May 13, 2012 10:53 am

Do you and your dad both live here in MN? You only need to go through a dealer if you are moving NFA across state lines. The simplest way to xfer this is to fill out a Form 4 and get your local chief LEO to sign it. That could be police or sheriff, among others. There will be a $200 tax you also submit to ATF with the Form 4, fingerprints, and certificate of citizenship. There is also a form to fill out with the MN BCA once you get the gun. There's no magic here, just paperwork, taxes, and waiting. It can sound daunting but it really a pretty straightforward process once you get down to it.

Someone mentioned Subguns.com, that is an awesome resource for things like this. Post the relevant info on the NFA discussion board - it is a registered MG, you are in the same state (or not), and ask how to go about the xfer. They will give you good details on it. There are a few MN dealers and MG owners on that forum that will not steer you wrong. You can also ask their opinion on transferring it to a trust. Trusts do have some advantages over individual ownership but for just one gun, I'm not sure if it is worth the extra steps to do a trust or not. You'll have to make that call.

Good luck and post pictures!

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