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Transfer of H&R Handy-Gun

22hipower
Situation is that a .410 Handy-Gun was registered (Form 4467) in 1968. Original registrant is now deceased and son has possession. I believe that the son can legally own the inherited registered Handy-Gun. So now the question, if the son wants to sell it, how does he do that? State of Texas if that helps so face to face transfer of firearms is legal but not sure if that applies to BATF registered weapons. Assume transfer tax would have to be paid by the buyer. I searched earlier related posts and one mentioned that the tax on an "other weapon" rather than a standard Class III item is $5 rather than $200. Can anyone confirm? Also, if the son wants to sell through a dealer, must it be a Class III dealer or can an FFL holder handle the sale? Thanks much for your advice.
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6 comments

Date Votes
  • Nwcid
    IF the gun is PROPERLY registered to the son then it is legal.

    To sell it you have 3 choices.

    1. FTF with a person in the same state.
    2. Sell direct to a dealer in your state.
    3. Sell to a dealer out of state, or a person out of state though a dealer.

    ALL require the proper NFA paperwork to be filled out AND approved prior to the gun changing hands. If it is going though a dealer then the dealer will need to be a SOT aka Class 3 dealer.


    EDIT: Mark got it. It is nice to have him back [:)]
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  • fordsix
    what are the length of the barrels??that is the question
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  • 22hipower
    Nwcid,

    The gun is not registered to the son at this time. Original registrant is deceased and son has inherited and has possession. What does he need to do to become the registered owner? Any perspective on the amount of the tax; $200 or $5 or ? Thanks much.

    Barrel is 14.5 inch
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  • mark christian
    Unless the son is the appointed executor of the estate he is going to need to complete a Form 5 to put the gun into his name to sell it. A Form 5 is used for the tax free transfer of an NFA item and generally used for inheritance, otherwise he can't just say RIP poppa and keep the Handy gun without filing new paperwork! If the gun is being sold by the estate then this does not need to be done, but the BATFE won't let the executor retain the gun for an extended period of time. The transfer tax on an Any Other Weapon is $5 and these H&Rs are Curio and Relics so once approved for transfer the buyer with a Curio and Relic FFL can have the gun shipped directly with no need for a dealer.
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  • Robin
    Every time I hear a topic like this I am reminded of how much the NFA rules need to be amended. Having the Ithaca Auto/Burglar and H&R Handy gun listed as a Title II firearm is beyond ridiculous.
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  • Nwcid
    quote:Originally posted by Robin
    Every time I hear a topic like this I am reminded of how much the NFA rules need to be amended. Having the Ithaca Auto/Burglar and H&R Handy gun listed as a Title II firearm is beyond ridiculous.


    Not that I disagree with that at all but those guns are not NFA by name. They are NFA as they do not meet the definition of any Title 1 firearms so they are default Title 2 (NFA) firearms. This is true for any smooth bore "pistols" including things like the old smooth bore Colt revolvers and such.
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