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inheriting multiple AK 47's
Posted: Mon Aug 12, 2013 8:52 pm
by philip964
A friend's step father has died at the age of 84. He will be inheriting a lot of guns and ammunition including what is described as multiple AK-47's ( I assume if it was two or three you would say, two or three) His step father was a very capable attorney and owned a large ranch. He was also a reloader, since he shot so much.
I suspect if his step father lived in a number of states, this inheritance would be an illegal transfer. However, he lived in Florida.
My friend is in Florida now. How should he get the guns to Texas? Are there any issues? I of course asked the question, does anyone know if the AK- 47's are fully automatic? The immediate reply was, how do we tell?
Being that I know zero about this, I am asking the questions here.
Thank you in advance.
Re: inheriting multiple AK 47's
Posted: Mon Aug 12, 2013 9:01 pm
by gregthehand
I'm not sure i understand your question about getting them back to Texas. You just bring them back.
As far as the AK check the safety lever and see if it clicks three times or it is just two positions. Three is full auto. Also if the receiver has three holes in the side over the trigger instead of two it is full auto. Just google "how to ID a full auto AK47." Lots of photos.
Re: inheriting multiple AK 47's
Posted: Mon Aug 12, 2013 9:13 pm
by philip964
gregthehand wrote:I'm not sure i understand your question about getting them back to Texas. You just bring them back.
As far as the AK check the safety lever and see if it clicks three times or it is just two positions. Three is full auto. Also if the receiver has three holes in the side over the trigger instead of two it is full auto. Just google "how to ID a full auto AK47." Lots of photos.
He flew. UPS and insure them?
Three clicks on the safety, thanks.
Re: inheriting multiple AK 47's
Posted: Mon Aug 12, 2013 9:29 pm
by RJGold
Probably cheaper to rent a car and drive back...
My two cents...
Re: inheriting multiple AK 47's
Posted: Mon Aug 12, 2013 9:35 pm
by olafpfj
philip964 wrote:gregthehand wrote:
As far as the AK check the safety lever and see if it clicks three times or it is just two positions. Three is full auto. Also if the receiver has three holes in the side over the trigger instead of two it is full auto. Just google "how to ID a full auto AK47." Lots of photos.
Three clicks on the safety, thanks.
If I understand correctly that would mean they are full auto!!!
That makes them NFA items and strictly controlled by the BATFE (and really big fires). DO NOT transport them or take possession of them!!!
I would recommend a lawyer ASAP if they are indeed equipped with a giggle switch.
Re: inheriting multiple AK 47's
Posted: Mon Aug 12, 2013 10:11 pm
by jmra
olafpfj wrote:philip964 wrote:gregthehand wrote:
As far as the AK check the safety lever and see if it clicks three times or it is just two positions. Three is full auto. Also if the receiver has three holes in the side over the trigger instead of two it is full auto. Just google "how to ID a full auto AK47." Lots of photos.
Three clicks on the safety, thanks.
If I understand correctly that would mean they are full auto!!!
That makes them NFA items and strictly controlled by the BATFE (and really big fires). DO NOT transport them or take possession of them!!!
I would recommend a lawyer ASAP if they are indeed equipped with a giggle switch.
I doubt he had time to check. I think what he was saying is "(need to check for) three clicks on the safety, thanks".
Re: inheriting multiple AK 47's
Posted: Tue Aug 13, 2013 9:03 am
by philip964
jmra wrote:olafpfj wrote:philip964 wrote:gregthehand wrote:
As far as the AK check the safety lever and see if it clicks three times or it is just two positions. Three is full auto. Also if the receiver has three holes in the side over the trigger instead of two it is full auto. Just google "how to ID a full auto AK47." Lots of photos.
Three clicks on the safety, thanks.
If I understand correctly that would mean they are full auto!!!
That makes them NFA items and strictly controlled by the BATFE (and really big fires). DO NOT transport them or take possession of them!!!
I would recommend a lawyer ASAP if they are indeed equipped with a giggle switch.
I doubt he had time to check. I think what he was saying is "(need to check for) three clicks on the safety, thanks".
No one knew to look yet. I'm just trying to make extra careful my friend does not end up in the news.
Just to be sure - transporting "multiple semiautomatic AK-47's" with lots of ammunition in a trunk of a car from Florida to here, is a perfectly legal thing to do and they will not be confiscated in LA, if stopped for speeding.
Re: inheriting multiple AK 47's
Posted: Tue Aug 13, 2013 9:23 am
by Keith B
philip964 wrote:
Just to be sure - transporting "multiple semiautomatic AK-47's" with lots of ammunition in a trunk of a car from Florida to here, is a perfectly legal thing to do ......
Yes
philip964 wrote:
.... and they will not be confiscated in LA, if stopped for speeding.
Can't guarantee that. Best not to speed and run the risk of getting stopped.
Re: inheriting multiple AK 47's
Posted: Tue Aug 13, 2013 9:26 am
by OldCannon
philip964 wrote:
Just to be sure - transporting "multiple semiautomatic AK-47's" with lots of ammunition in a trunk of a car from Florida to here, is a perfectly legal thing to do and they will not be confiscated in LA, if stopped for speeding.
Keep them in trunk, unloaded, with no ammunition (and especially no loaded mags) nearby.
And, in case it's not obvious: Obey posted traffic signs and your chances of getting pulled over are almost zero
Re: inheriting multiple AK 47's
Posted: Tue Aug 13, 2013 10:07 am
by Dave2
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
and see what happens?
Re: inheriting multiple AK 47's
Posted: Tue Aug 13, 2013 10:45 am
by MechAg94
I would just say to rent a car and drive back. Obey the speed limit or go slower than surrunding traffic.
If you are worried about the ammo and it is not in boxes/crates, get a big duffle bag with two zippers and put a little padlock through it to say you locked it up.
Does Texas still have the rule about buying rifles from dealers from states that don't touch Texas? Would that technically require transfer?
Re: inheriting multiple AK 47's
Posted: Tue Aug 13, 2013 11:29 am
by Dave2
MechAg94 wrote:I would just say to rent a car and drive back. Obey the speed limit or go slower than surrunding traffic.
If you are worried about the ammo and it is not in boxes/crates, get a big duffle bag with two zippers and put a little padlock through it to say you locked it up.
Does Texas still have the rule about buying rifles from dealers from states that don't touch Texas? Would that technically require transfer?
Dunno, but in this case he's not *buying* them, so it theoretically shouldn't apply if that's all this hypothetical law references.
Re: inheriting multiple AK 47's
Posted: Tue Aug 13, 2013 12:59 pm
by RoyGBiv
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. ยง 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.