inheriting multiple AK 47's

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airbornecpa
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Re: inheriting multiple AK 47's

#16

Post by airbornecpa »

If you feel a real need to keep the weapons and ammunition completely separate, perhaps you could ship the ammunition to yourself.

Bring the weapons in the trunk, with some type of trigger lock on each, you could even ship the keys to the locks back to yourself so that you would not be able to lock and load.

I don't know that I would be particularly nervous about being pulled over. Obey the traffic laws, don't do anything stupid.

Your vehicle can not be searched without probable cause or your permission. When asked for permission to search, the answer is always "no". Doesn't matter how clean you are, the answer is always "no". If told they will bring a dog over to sniff that is their prerogative. If they say they will get a warrant, they are welcome to go ahead and do so. With either the dog or warrant, they may be running a bluff to get you to "give" your consent to search. Does not matter, the answer to a voluntary search is always "no".

IANAL

sdmahoney
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Re: inheriting multiple AK 47's

#17

Post by sdmahoney »

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.
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RoyGBiv
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Re: inheriting multiple AK 47's

#18

Post by RoyGBiv »

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.!
I am not a lawyer. This is NOT legal advice.!
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Dave2
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Re: inheriting multiple AK 47's

#19

Post by Dave2 »

AndyC wrote:
Dave2 wrote:
AndyC wrote:Ok, a few points here:

1. The safety is irrelevant in terms of determining whether or not an AK is, in fact, fullauto-capable. Just because there's a middle position for the safety doesn't mean that it can fire full-auto; many semiauto-only AKs have a middle notch dremeled into the side of the receiver (just to look cool, I imagine).

2. The safety can have 3 positions (not 3 clicks):
a. Up: Safe
b. Middle: Automatic
c. Down: Semi-automatic

Again, just because the safety can move to a middle position does not mean that it's capable of full-auto fire.
So... the best way to tell is to :fire :fire :fire and see what happens?
Oh, I'm sorry - did I happen to say something that stupid?
No, I made a joke and forgot to include enough smilies.
I am not a lawyer, nor have I played one on TV, nor did I stay at a Holiday Inn Express last night, nor should anything I say be taken as legal advice. If it is important that any information be accurate, do not use me as the only source.

bdickens
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Re: inheriting multiple AK 47's

#20

Post by bdickens »

airbornecpa wrote:If you feel a real need to keep the weapons and ammunition completely separate, perhaps you could ship the ammunition to yourself.

Bring the weapons in the trunk, with some type of trigger lock on each, you could even ship the keys to the locks back to yourself so that you would not be able to lock and load.

I don't know that I would be particularly nervous about being pulled over. Obey the traffic laws, don't do anything stupid.

Your vehicle can not be searched without probable cause or your permission. When asked for permission to search, the answer is always "no". Doesn't matter how clean you are, the answer is always "no". If told they will bring a dog over to sniff that is their prerogative. If they say they will get a warrant, they are welcome to go ahead and do so. With either the dog or warrant, they may be running a bluff to get you to "give" your consent to search. Does not matter, the answer to a voluntary search is always "no".

IANAL

:iagree: X 1000
Byron Dickens

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philip964
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Re: inheriting multiple AK 47's

#21

Post by philip964 »

Well happened much quicker than I thought. The friend bought lockable gun cases and transported an AK, an AR and shotgun plus two pistols in cases with his airline luggage. I talked with him in Atlanta, and everything went fine at the airport in Florida.

Of course I assumed he would get a straight flight here, glad he changed planes in Atlanta and not New York.

He says neither rifle is automatic.

It sounded like there were multiple dibs on the guns, so each son or son in law got one rather than all going to one person. He ended up with a 60's era Walther PPK and a first generation Glock.

Not sure if he gets to go back for more or that's it gun wise.

It would have made me a nervous wreck checking that many guns at the airport. (I've never done it) As far as I am concerned all the gun laws are just to put honest people in jail.
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Dadtodabone
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Re: inheriting multiple AK 47's

#22

Post by Dadtodabone »

This situation is why I don't own my collection. My firearms are held by a family trust, the same type you can use for NFA restricted purchases.
Here's an interesting read:
http://online.wsj.com/article/SB1000142 ... 45350.html
"Caesar si viveret, ad remum dareris!"

bayouhazard
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Re: inheriting multiple AK 47's

#23

Post by bayouhazard »

With multiple heirs like this situation wouldn't a trust complicate division of the assets?

But it does raise the question if I can form a trust in Oklahoma to buy guns in Oklahoma even though I live in Texas.

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philip964
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Re: inheriting multiple AK 47's

#24

Post by philip964 »

Image

This arrived today for my friend. It was Fedx'd. Each box weighed about 20lbs He's going to the range this weekend.
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