View Full Version : Could I keep it?

September 25, 1999, 12:01 AM
In the General Disscusion forum there is a thread called "What gun would you like to find?" The idea is that an eldery widow next door says you can have her late husbands gun and what would you like it to be.
I noticed that many responses were for full auto firearms such as BARs, thompsons, etc.
Several questions came to mind:
Is there a way you could legally keep it?
How would you go about it?
Would it be worth the expense and hassle?
Would ATF go nuts and take it?
Could you be charged with a felony if you report it?
If you should decide not to keep it, what do you do with it?

Not that I ever expect such a thing to ever happen to me, I'm just curious.

David Schmidbauer
September 25, 1999, 06:53 AM
> Several questions came to mind:

Several answers come to mind. ;)

> Is there a way you could legally keep it?

Depends if it was legally regestered to begin with. If Registered you can legally keep it. Don't know how you would go about finding out if it was registered if the widow didn't know or you couldn't find the paperwork... call the ATF?

> How would you go about it?

Submit two copies of ATF Form 4 w/photo, 2 sets of finger print cards and Check for Tax ($200?)

> Would it be worth the expense and hassle?

Only you can dicide about the hassle. Given that the widow just wants it out of the house (no cost to you) coupled with that most Class III Weapons go for many times ( => 8 X)the cost of the Tax it would be well worth the expense.

> Would ATF go nuts and take it?

If you submit ATF 4 and related paperwork/$$ and the weapon is not a regestered Class III ATF would confiscate the weapon.

> Could you be charged with a felony if you report it?

I wouldn't think so... but your dealing with the ATF... who really knows.

> If you should decide not to keep it, what do you do with it?

If a registared weapon find someone who wants it. If unregistered turn it into the ATF. If unregistered there are other options if one is willing to face felony charges if found with it. I, myself, would probably turn it in.

Schmit, GySgt, USMC(Ret)
NRA Life, Lodge 1201-UOSSS
"Si vis Pacem Para Bellum"

[This message has been edited by David Schmidbauer (edited September 25, 1999).]

4V50 Gary
September 25, 1999, 12:45 PM
The key is whether it was registered prior to the Gun Control Act of 1994 (or is it 1996?).

If it was registered, then it may be transferred over. But if it wasn't, it is considered as a new gun; even though it was manufactured circa 1915-1945. This applies to old dewats (where only the barrel was welded so as not to chamber a round - and the receiver was left intact!) which technically, per se, are not dewat by contemporary standards. If you wanted to reactivate that old dewat, the receiver must be registered, and then you couldn't own it because it wasn't registered prior to 1994. Crazy isn't it? The net effect of registration is that it makes it legal for your dealer to sell it to a law enforcement agency - and that's about as far as it'll go.

HK faced such a problem. They had a whole slew of MP5s which were used in their armorers' class or their smg & smg instructor school. Since they were'nt registered, they couldn't be sold into the civilian market. Messed up big time and when they realized they could have profitted heavily from heavily used guns, they regretted it.

Vigilantibus et non dormientibus jura subveniunt

September 25, 1999, 09:34 PM
Unfortunately the dates for machine guns are not even as recent as 1994.

There are 2 bans. The 1968 Gun Control Act banned imported machine guns. Any war trophies etc. had to be registered during the amnesty in 1968 or they can not be registered.

All new machine guns were banned in 1986. This creates a very limited supply of guns and prices that are increasing with dismaying speed.

James K
September 25, 1999, 10:09 PM
A rather important point in the case described. Does the widow legally own the gun? When the owner of a Title II (Class 3) firearm dies, the executor of the estate has to file a form (6??) to get title transferred to the heir. I don't recall if there is a deadline or a time limit on this but it should be done before the estate goes to settlement. If this was not done, the hypothetical widow does not legally possess the firearm and can't sell it or transfer it. Note that the transfer is NOT automatic, as it would be in the case of any other inherited goods.

If the firearm was legally owned by the decedent and the widow has taken legal possession, she can sell it (providing no state or local law prevents the sale) with a Form 4 to the BATF.


September 26, 1999, 12:38 AM
I figured there would be alot of paperwork involved and I'm already on enough government lists. I wouldn't want to get caught with it illegally and where would I shoot it without getting caught?
As much as it would hurt, I guess I would just tell the lady "no thank you."
Thanks for the info.

4V50 Gary
September 26, 1999, 12:18 PM
To all:

Finding a treasure and not being able to keep it is aggravating, isn't it?


Vigilantibus et non dormientibus jura subveniunt

George Hill
September 28, 1999, 04:48 AM
That would be the hardest wouldn't it?

The question is:
Would you keep it?

Not all Liberals are annoying... Some are Dead.
The Critic formerly known as Kodiac

Byron Quick
September 28, 1999, 08:16 AM
Who, me? Of course not.

Byron Quick

September 28, 1999, 11:59 AM
Would I keep it?

Certainly not. That Would Be Wrong.

"America needs additional gun laws like a giraffe needs snow tires."
--Rabbi Mermelstein, JPFO