Touchy class III question
I heard a rumor about a class III weapon being found in storage during the settling of the estate of a deceased relative.
Not MY relative btw..
The rumor goes that it is a WWII bring back and while there may be bring back papers, the papers are buried in a mountain of household items, all now in storage AND well buried under more of same.
In the event that the capture papers can not be produced, how would one go about "disposing" of a class III item legaly as it would NOT have been registered in 68..?
Is it a matter of taking it to a welder and sealing the chamber and/or plugging the bore, or is it a call to the feds and it goes by-by to be cut up?
Not MY relative btw..
The rumor goes that it is a WWII bring back and while there may be bring back papers, the papers are buried in a mountain of household items, all now in storage AND well buried under more of same.
In the event that the capture papers can not be produced, how would one go about "disposing" of a class III item legaly as it would NOT have been registered in 68..?
Is it a matter of taking it to a welder and sealing the chamber and/or plugging the bore, or is it a call to the feds and it goes by-by to be cut up?
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I suggest you contact a Museum that has firearms and donate for a tax deduction . Either that or take the item apart destroy the frame and sell the parts. as a parts kit.
EDIT read the answers to your Question.It has to be registered before December 1968 to be legal to own. The Capture papers are meaningless on if it is legal to own by anyone other then a MUSEUM or given to the BATFE. The parts with exception of the frame are legal to own or sell like any other item of an estate. PERIOD.
Horsepucky + plus one. Why don't you take the capture papers and the item to the BATFE office and when you get it legally registered you can rub our faces in how dumb we are. If legally registered this item would be worth many thousands of dollars.0 -
To give you a straight answer- the executor of the estate that finds a Class III weapon that has NOT been registered with the ATF is responsible NOT for destroying the weapon, but for surrendering it to the ATF.
If I were the executor of the estate, I would contact an attorney, have the attorney approach the ATF to determine IF the weapon may have been papered. If so, to transfer registration to the heir. And if not to surrender the RECEIEVER of the weapon to them. ATF is responsible for appropriate destruction. There is a market for other parts to keep registered class IIIs working, and the executor has a duty not to "waste" parts of the estate.
And FWIW, capture papers (while a great item) do not have a bearing on the legalities here- it is registration with the BATFE that counts. I deal with the ATF a fair bit, and some of the folks I have business with are nice folks, and gun owners. I have been told that the scenario you describe is becoming fairly common as members of the Greatest Generation are passing away.0 -
For now my advice would be for the person to seek the capture papers as those would allow the item to be registered and retained after fees and papers dealt with.
Failing that happening, it would need to go away and no profit sought from the remaining bits.
The question remains concerning talking to the feds for "proper" disposal methods.0 -
Assuming that Class III in this case means full auto, capture papers or not, if it has not been registered with the ATF by May of 1986, it cannot be registered. That was the cutoff for civilian registraion of full autos. 0 -
hello. i would also recomend taking it apart and destroying the receiver. it could be worth alot of money just for the parts, depending on what it is. no matter if you find the capture papers, it doesnt matter. if it wasnt amnesty registered, it is ILLEGAL! 0 -
I have learned that capture papers can suffice in the place of the 68 registration (and allow the item to be registered now) because they were offical military docs with the serial numbers recorded.
It has happened and there no reason to believe it could not be done again.
If the papers can be located the question of what to do with the item is moot as far as I am concerned.0 -
hello. i am interested to know where you got the info on the capture papers? i have never heard of that before. im not saying its not true, i would just like the batf ruling that i can read to verify that. 0 -
tear it down to bear reciver parts are good,,, hide reciever [^] in case of SHTF 0 -
quote:Originally posted by chasdev
I have learned that capture papers can suffice in the place of the 68 registration (and allow the item to be registered now) because they were offical military docs with the serial numbers recorded.
It has happened and there no reason to believe it could not be done again.
If the papers can be located the question of what to do with the item is moot as far as I am concerned.
HORSEPUCKY!0 -
I guess I need to ask permission of the person who told me he did it and perhaps he can take the horsepucky comment under consideration and start posting himself.
Maybe he can fax everybody a copy of his license and bring the weapon he got registered based on capture papers to a town meeting..0 -
From Federal Firearms Regulations Reference Guide (ATF P5300.4) page 187:
(M7) May a private citizen who
owns an NFA firearm which is not
registered have the firearm registered?
No. The NFA permits only manufacturers,
makers, and importers to
register firearms. Mere possessors
may not register firearms. An unregistered
NFA firearm is a contraband
firearm and it is unlawful to possess
the weapon. The possessor should
contact the nearest ATF office to arrange
for its disposition.
[26 U.S.C. 5861(d)]
I'd say that is quite clear. Not much room for interpretation. Last time I checked the penalty for unlawful possession was up to 10 years & $1,000,000. Those of you who think that there's a way around that ruling might want to ponder the wisdom of proceeding.
Neal0 -
Im on the small arms comm. at the Museum of the Kansas National Guard,we had a Attorney of and estate call us about 2 years ago about a MP38 that was a bring back.He brought it to us and we now have it registered as Gov. property.Donate it to a Museum so it dont have to be distroyed so everyone can see it. Let them come get it so you dont get caught speeding or ect.If you are close to Kansas we would come get it. Or send it in a unmarked box [:D] 0 -
Just to bring this possibility up, the chance of a future gun amnesty permitting registration of unpapered class III weapons happening is remote, but greater than zero.
Not during the current Congress. . .but in 10-20 years? Who knows.0
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