Form 5 transfers

Poodleshooter · November 15, 2010, 03:06 PM

Does anyone know how the ATF handles Form 5 transfers to descendants if the original Form 4 owner died a relatively long time ago and the descendant had no idea the item was NFA?

Do they generally confiscate the item, or will they allow the descendant/heir to process a Form 5 and transfer the weapon over?

Has anyone seen any cases where this happened? What were the outcomes?

LinuxHack3r · November 15, 2010, 04:09 PM

Well, IMHO, your best bet is probably to call the BATFE. They will know, let them know upfront that your top priority is staying within the law, and go from there. Otherwise IMHO you are just possibly creating a mess of complications and legal problems. This is what I would do, if it were me. Others may suggest other solutions.

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Poodleshooter · November 15, 2010, 04:23 PM

That's basically what I've advised the person. It must be rather distressing to learn that an item worth thousands may be arbitrarily seized by the government.

James K · November 15, 2010, 08:30 PM

I did respond for the normal case, but on re-reading the OP's post, I now have to say with the others, to call BATFE or better, have an attorney call them. This one sounds tricky and could result in confiscation.

Jim

November 15, 2010, 03:06 PM	#1
Poodleshooter Senior Member Join Date: August 7, 2000 Location: Floating down the James River in VA Posts: 2,599	Form 5 transfers Does anyone know how the ATF handles Form 5 transfers to descendants if the original Form 4 owner died a relatively long time ago and the descendant had no idea the item was NFA? Do they generally confiscate the item, or will they allow the descendant/heir to process a Form 5 and transfer the weapon over? Has anyone seen any cases where this happened? What were the outcomes?

November 15, 2010, 04:09 PM	#2
LinuxHack3r Senior Member Join Date: June 17, 2010 Posts: 282	Well, IMHO, your best bet is probably to call the BATFE. They will know, let them know upfront that your top priority is staying within the law, and go from there. Otherwise IMHO you are just possibly creating a mess of complications and legal problems. This is what I would do, if it were me. Others may suggest other solutions. Sent from my Droid using Tapatalk __________________ Si vis pacem, para bellum

November 15, 2010, 08:30 PM	#4
James K Member In Memoriam Join Date: March 17, 1999 Posts: 24,383	I did respond for the normal case, but on re-reading the OP's post, I now have to say with the others, to call BATFE or better, have an attorney call them. This one sounds tricky and could result in confiscation. Jim Last edited by James K; November 15, 2010 at 08:45 PM.

November 15, 2010, 04:23 PM	#3
Poodleshooter Senior Member Join Date: August 7, 2000 Location: Floating down the James River in VA Posts: 2,599	That's basically what I've advised the person. It must be rather distressing to learn that an item worth thousands may be arbitrarily seized by the government.