Hypothetical Question re:Inheriting an automatic weapon

[BigTexOK]

This is hypothetical.

Say a man buys a fully automatic gun in the late 70's. He passes away around 2000. The gun is not listed in any of his estate planning documents.

The wife wants to look at her options to sell such gun in 2011.

She has no licenses to own or sell any weapon.

What are her options? What does she need to do?

 

[338Shooter]

So she's been in possession of the MG for 11 years and it was never transferred to her? The item needs to be legally transferred to her before she can sell it. Should be tax free on a form 5. I would seek the advice of an attorney that handles stuff like this as I'm not sure how the ATF will handle it being 11 years since the owner died.

 

[SMS]

Was the machine gun legally owned by the decedent as of 2000 (tax stamp etc...)? That's a good starting point...if not she's probably on thin ice.

I know a guy who had to give up a sweet USAF M6 Aircrew Survival Weapon when his father passed away because his dad didn't actually have the right paperwork for it.

 

[CAR-AR-M16]

There is some good info about this type of situation in this thread: http://www.ar15.com/forums/t_6_17/322347_So_you_found_an_MG_in_the_attic______.html

 

[Fyrtwuck]

If the gun is not registered and have a tax stamp, BATFE considers it contraband. Possession of such an illegal weapon is a Felony punishable by 10 years and a $250,000.00 fine. If she's lucky it's got a tax stamp somewhere and it could be worth some money. It's always a shame to see or hear about something like that being destroyed.

I've always felt that there should be a way to register a weapon in these circumstances. Too many are being found in hiding places after the owner passes. I'ts becoming more frequent with WWII, and Vietnam vets. Guns like MP-40's, MG-42's, Thompsons, M-1 carbines, AK's etc.

 

[BigTexOK]

Found out today...hypothetically...she does have a stamp and the original paperwork showing her husband purchased it legally back in 81.

 

[sesh]

I would hypothetically take the conversation to a phone call with dustin or another expert a call and stop discussion of it here just because it is such a sensitive subject

 

[Fyrtwuck]

If that's the case, I'd look into the possibility of a tax free transfer on a Form-5, (transfer to an heir) and go from there.