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Old September 30, 1999, 08:38 PM   #1
James K
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Not a subject anyone likes to think about. But if you own registered automatic or other NFA firearms, you should make sure your spouse, children or other heirs are aware of the legal requirements for transfer of those guns if something happens to you. There is info on the BATF web site and the way to order forms.

You should fill out the forms with all the information on you and the gun(s) and leave them in a safe deposit box or other protected place. Then tell your prospective heir(s) where to find them. If the law is not complied with, the heir(s) not only may not be able to either retain or sell the guns but may be in violation of the law as well.

Incidentally, there is no tax on transfer to an heir.

Jim
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Old October 1, 1999, 03:36 AM   #2
Byron Quick
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Thanks, Jim, I appreciate the information even though I hope not to make use of it any time soon.

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Old October 1, 1999, 07:57 AM   #3
George Hill
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This is very true.
Not only with NFA guns - but all guns as well.
Oh, and bank accounts, and stocks, and holdings, and everything else.
Children too - should both you and your spouse expire before your time... You need to make sure your children will stay in the family or where ever you wish them to. I know of a family in such a case right now... It seems the State feels THEY are the ones to take care of the children and want them to be bounced around in FOSTER CARE rather than with actual blood related family - a solid, loving, church going family with similar aged kids and extra room and income... Fathers Brother actually.
Makes me sick. The State is no place for kids. I was about to sign up for foster parenting so I could at least keep the kids in the same area! (but they said they couldnt allow that)
Man that kinda thing ENRAGES ME! Who does the state thing they are DICTATING LIVES like that!?!?

Okay - I am going to go SCREAM for a few hours, sleep, and then go shoot some Zuccini!



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Old October 2, 1999, 11:06 AM   #4
James K
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Hi, George,

All very true, but normally all those things you mention come to a spouse or child automatically or by a will. In some states, other firearms must be reregistered. But in this forum, I wanted to point out that registered auto weapons are not automatically transferred to heirs, and that complications may arise if the rules are not followed. With these weapons increasing in value almost daily, they can be a very significant part of an estate and it would be unfortunate to have heirs face confiscation of the guns and other legal problems.

Jim
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Old October 2, 1999, 07:56 PM   #5
Al Thompson
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Hang on folks - do not put anything you may need soon after your death in a safe deposit box. Lots of banks require the will be probated and a exetutor assigned prior to their authorizing some one other than the box holder to get in it. If you want to use a safe deposit box, make sure that your children and spouse are authorized access. Talk to your banker. Ben there, done that and partied with the band,

Giz

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Old October 2, 1999, 10:06 PM   #6
Art Eatman
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One safe-deposit box trick is to have two boxes. HER pertinent stuff is in the box in HIS name, and vice versa. Then, they are both co-signers on both boxes.

Originals of important documents can be kept in a bank box, but keep copies at home.

Husbands and wives should make wills, even if there ain't much to leave to heirs. For instance, what if you win the lottery and then get clobbered the next day by a dump truck? It keeps government from deciding what to do with your estate.
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Old October 4, 1999, 03:52 PM   #7
James K
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A good candidate for storage in a safe deposit box is the ORIGINAL copy of the amnesty registration or the approved transfer form(s) for NFA weapons. Keep a copy with the weapon at all times, but don't take a chance on losing the original.

Jim
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Old October 8, 1999, 02:44 PM   #8
James K
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There is an article in the Oct. 10 New Gun Week on this subject. I suggest reading it.

Jim
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Old October 8, 1999, 02:56 PM   #9
James K
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I received a query off line about illegal auto weapons. With the understanding that I am not an attorney and cannot give legal advice, I will say only that if I owned these, or any other illegal items, I would destroy them, now, totally and completely.

If you choose not to do so, you could write a letter, to be left in custody of your lawyer or executor and to be opened in event of your death. In it you say that you violated the law, that your spouse or children had no knowledge of the violation, and that you direct your executor to immediately abandon the illegal items to BATF or the police.

This might protect your family then or later on. If they do not know about the illegal items, they may inadvertently sell or try to sell them and be arrested. If you truly love your spouse and children, you don't want to saddle them with a big legal problem on top of the grief associated with your death.

Jim
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Old November 6, 1999, 12:01 AM   #10
danbrew
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This thread seems to have been dead for awhile (and, heck, I haven't been around for awhile either...), but it's very important to remember a couple of things about transferring Title II items from dead guys.

1. The dead guy doesn't own the gun any longer -- it's owned by the estate of the dead guy. Any paperwork that the dead guy filled out to transfer the Title II device would be null and void. One of the legal types (Bardwell?) posted info on this a few months back.

2. Wills and explicit instructions on how to determine value and transfer items are extremely important. My will says something to the effect of this:

"x, y, & z family members have first right of refusal to transfer item into their personal collection. If family members do not express interest in acquiring item, value of said item shall be determined by three independant evaluations of current Title II firearm dealers (dealer1, dealer2, dealer3, or others tbd). Items will be sold in auction fashion, etc., etc., etc."

Or something like that.

my $0.02.

danbrew :->
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Old November 10, 1999, 04:53 PM   #11
James K
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Hi, danbrew,

True to a point, but someone has to take title to those weapons before they can be sold. The executor of the estate cannot sell them directly, or put them up at auction, since he/she does not have legal ownership under the NFA. A Form 5 has to be completed and approved to first transfer the guns to the heir, then he/she can sell at auction, or whatever he/she wants.

BATF has a good explanation on their web page, and it is a good idea for everyone to read it and understand what is involved.

Jim
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Old November 10, 1999, 08:44 PM   #12
danbrew
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True, but my comment above centered on the fact that somebody had mentioned that the Form 5 was already filled out. I assumed that meant the decedent had signed the forms, etc. Those forms will not be approved.

The Form 5 will list the name of the current registered owner (dead guy) in Block 2a. The decedent (same dead guy) will be listed in Block 3b. Block 9 and 10 will be completed by the executor of the estate. This is where most guys go wrong -- they fill out and sign block 9. Sorry, can't be accepted.

But... we're talking about the same thing. Get some competent legal advice before you go and die.

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