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by RoyGBiv
Tue Aug 13, 2013 2:07 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: inheriting multiple AK 47's
Replies: 23
Views: 3730

Re: inheriting multiple AK 47's

sdmahoney wrote:Relevent section from the ATF's web page:

"The firearms may be transferred on a tax-exempt basis to a lawful heir. The executor would apply on ATF Form 5, Application for Tax Exempt Transfer and Registration of a Firearm, for a tax-exempt transfer to a lawful heir. A lawful heir is anyone named in the decedent’s will or, in the absence of a will, anyone entitled to inherit under the laws of the State in which the decedent last resided. NFA firearms may be transferred directly interstate to a beneficiary of the estate. When a firearm is being transferred to an individual heir, his or her fingerprints on FBI Forms FD-258 must accompany the transfer application."


It is still be a good idea if they turn out to be full auto to talk to someone more knowledgeable of the laws involved in the transfer before taking possession of them.
Always a good idea to post a link.... More good info can be found on that page..
http://www.atf.gov/press/releases/1999/ ... sfers.html" onclick="window.open(this.href);return false;

Thanks.!
by RoyGBiv
Tue Aug 13, 2013 12:59 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: inheriting multiple AK 47's
Replies: 23
Views: 3730

Re: inheriting multiple AK 47's

I was scratching my head trying to remember if there was an exemption of the FFL requirement for interstate transfer of an inherited firearm...
I believe this is it...

18 U.S.C. § 922 : http://codes.lp.findlaw.com/uscode/18/I/44/922" onclick="window.open(this.href);return false;
(a) It shall be unlawful -
(5) for any person (other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector) to
transfer, sell, trade, give, transport, or deliver any firearm to
any person (other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector) who the
transferor knows or has reasonable cause to believe does not
reside in (or if the person is a corporation or other business
entity, does not maintain a place of business in) the State in
which the transferor resides; except that this paragraph shall
not apply to (A) the transfer, transportation, or delivery of a
firearm made to carry out a bequest of a firearm to, or an
acquisition by intestate succession of a firearm by, a person who
is permitted to acquire or possess a firearm under the laws of
the State of his residence,
Seems to me that if I were in the OP's (friends) situation... I would...
1. Verify that there are no NFA weapons involved.
2. Have all the paperwork in order....
- Copy of death certificate
- Copy of will bequesting the weapons to the inheritor
- list of all weapons and serial numbers involved, notarized by executor
3. Crate the weapons in a wood crate with steel banding (after verifying they're unloaded)
4. Ship as desired...
- If I'm driving from FL to TX, I'm not too worried about getting hassled during a traffic stop. New Jersey? Another story entirely.

I am not a lawyer. This is my opinion, NOT legal advice.

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