Newbie ? Class III Transfer/Estate Ownership

Harpoon · August 15, 2005, 02:53 PM

Hello All:
Couple of questions for the experienced members, please;

Dad (not mine) owns a M10 .45 and had listed on his firearms records "Class III required"
We know he bought through proper channels, but havent found paperwork yet, really havent looked, he just passed few days ago, and sorting through lifetime of "stuff"

His adult son is only heir with all firearms being willed to son.

Q: What does son have to do to report the Dads passing (ATF, local law, if anything?
Q: Can son legally own the M10?
Q: Can he personally sell it to someone (me) in same state where legal to own? If proper papers filled out?

I just passed and applied for concealed carry permit with Sherrifs Dept in County I live (different than his, Sons)
Told in concealed carry class that local Sherriff will not will not approve for Class III.
Printed out ATF rules but havent read (tonight)

Q: Is Sherriffs Dept. the office I should be going through or State Police or other? For permission to own, paperwork sign off etc.

Any help in this area is appreciated. I am a life member of a national gun origanization, gun collector since 18, shoot as hobby, and no stranger to auto weapons, but bottom line is that I would like to own this particualr M10, legal.
Thanks all in advance!

shaggy · August 15, 2005, 09:53 PM

Assuming the son can legally possess a firearm and lives in a C3 legal state, he can own the weapon. Same applies to you. If you can't get a signoff from the sheriff, you can form a corporation and own it as a corporate asset without getting a signoff.

The gun can be transfered via the executor or administrator of the father's estate. IOW, the executor or administrator will notify BATFE of the father's passing with appropriatre documentation to prove their authority as executor or administrator. They can then complete one tax-free transfer of the firearm (BATFE gives you a freebie when you die) on a form 4 or form 3. Thus if the son would get the gun and wants to sell you the gun before he gets it to save one transfer tax, he should have the executor or administrator fill out a form 4 (directly to you if you live in the same state as the father, or to a class 3 dealer in your state if you don't live in the same state).

Harpoon · August 15, 2005, 11:15 PM

Thanks Shaggy for help. I found FAQ and even printed the 57 pages from Fed site that explains the rules.
It still requires a few read throughs, and havent completly read it yet.
One thing I did see on the FAQ pages, was that my state (NC) requires the owner to be either a FFL holder (bummer) including C&R or for scientific or experimental purposes and sherriffs permit required.
I havent verified this as state statute but was disapointed to see it listed as footnote type comments under my state.
Told that current sherriff will not approve....period. This from gun world experienced, active duty detective.

Anyone know how long it takes to get C&R package from ATF (GPO)?

Sent request online almost three weeks ago.
Can i get these online through Sup. of Docs or some other place on net?

August 15, 2005, 02:53 PM	#1
Harpoon Junior Member Join Date: August 15, 2005 Posts: 3	Newbie ? Class III Transfer/Estate Ownership Hello All: Couple of questions for the experienced members, please; Dad (not mine) owns a M10 .45 and had listed on his firearms records "Class III required" We know he bought through proper channels, but havent found paperwork yet, really havent looked, he just passed few days ago, and sorting through lifetime of "stuff" His adult son is only heir with all firearms being willed to son. Q: What does son have to do to report the Dads passing (ATF, local law, if anything? Q: Can son legally own the M10? Q: Can he personally sell it to someone (me) in same state where legal to own? If proper papers filled out? I just passed and applied for concealed carry permit with Sherrifs Dept in County I live (different than his, Sons) Told in concealed carry class that local Sherriff will not will not approve for Class III. Printed out ATF rules but havent read (tonight) Q: Is Sherriffs Dept. the office I should be going through or State Police or other? For permission to own, paperwork sign off etc. Any help in this area is appreciated. I am a life member of a national gun origanization, gun collector since 18, shoot as hobby, and no stranger to auto weapons, but bottom line is that I would like to own this particualr M10, legal. Thanks all in advance!

August 15, 2005, 09:53 PM	#2
shaggy Senior Member Join Date: October 9, 2004 Posts: 1,519	Assuming the son can legally possess a firearm and lives in a C3 legal state, he can own the weapon. Same applies to you. If you can't get a signoff from the sheriff, you can form a corporation and own it as a corporate asset without getting a signoff. The gun can be transfered via the executor or administrator of the father's estate. IOW, the executor or administrator will notify BATFE of the father's passing with appropriatre documentation to prove their authority as executor or administrator. They can then complete one tax-free transfer of the firearm (BATFE gives you a freebie when you die) on a form 4 or form 3. Thus if the son would get the gun and wants to sell you the gun before he gets it to save one transfer tax, he should have the executor or administrator fill out a form 4 (directly to you if you live in the same state as the father, or to a class 3 dealer in your state if you don't live in the same state).

August 15, 2005, 11:15 PM	#3
Harpoon Junior Member Join Date: August 15, 2005 Posts: 3	Thanks Shaggy for help. I found FAQ and even printed the 57 pages from Fed site that explains the rules. It still requires a few read throughs, and havent completly read it yet. One thing I did see on the FAQ pages, was that my state (NC) requires the owner to be either a FFL holder (bummer) including C&R or for scientific or experimental purposes and sherriffs permit required. I havent verified this as state statute but was disapointed to see it listed as footnote type comments under my state. Told that current sherriff will not approve....period. This from gun world experienced, active duty detective. Anyone know how long it takes to get C&R package from ATF (GPO)? Sent request online almost three weeks ago. Can i get these online through Sup. of Docs or some other place on net?