Any experiences turning in WW2 trophies to ATF?

[geo123]

Hello,
Dealing with an estate now that has some interesting sub MGs from ww2. One is German and the other is US dewat including form 5. Both are NFA. According to the sticky post about "MGs in grandpas attic" the only recourse is to contact the ATF and then turn them over to be destroyed.

It seems a waste to lose such historical artifacts but as a law abiding citizen I want to do the right thing. So how to actually go about doing that?

If anyone has had this experience how did it go? Was atf contacted directly or through a lawyer? Was it professional and courteous or tense and uncomfortable? Was it done at home or in an office? Any potential problems that one should be aware of?

Thanks in advance for any advice.

 

[Aaron Baker]

One is German and the other is US dewat including form 5. Both are NFA.

This part of your post is confusing.

Are these working machine guns that are on the registry, working machine guns that aren't registered, or deactivated machine guns?

Legally deactivated machine guns or registered working machine guns don't have to be turned in. They can be legally transferred to heirs on a Form 5, or sold to non-heir buyers on a Form 4.

Apparently papered DEWATS can be reactivated, which would make them very marketable.

Only nonregistered machine guns are problematic.

What exactly do you have?

Aaron

 

[Telekinesis]

First, find out exactly what you have. Search the house and any other storage locations (safe deposit box etc) for registration. Only when you're satisfied that you can't find anything proving legality, then you contact the ATF.

Your statement about one of the MGs being on a form 5 would mean that at least one of them WAS registered and is therefore transferable (which means it is legal and very valuable). What you need to do in that case is transfer it to the heir (on a form 5 tax free) and then they can do with it as they wish - either keep it or sell it on a form 4.


If you do end up having to turn the guns into the ATF, I believe the best way to do it is to have a lawyer contact the ATF and ask if they have any record of the guns (providing serial numbers and descriptions). You might get lucky and they'll be registered in which case you'll get a certified copy of the paperwork, but if they're not, have the attorney set up the surrender of the weapons.

 

[Mike OTDP]

1. Search high and low for ANY documentation. The Form 5 on the one gun makes it legal. Transferable. EXTREMELY valuable - as in possibly more than $10K.

2. In the event that you have to surrender the other gun, strip every single part off it. All you have to turn in is the receiver. The rest of it are valuable spare parts.

 

[TRX]

I had a DEWAT Chinese-made AK that someone brought back from Vietnam. The barrel was welded up at both ends, bolt carrier welded to the barrel, and top cover tacked in place.

I contacted the ATF, who said it fell under the "once a machine gun, always a machine gun" rule, and they sent me a drawing on where the receiver had to be cut for destruction if I wanted to keep it. Otherwise, it had to be passed to any law enforcement organization that would accept it.

I didn't have any documentation (it was a flea market special), and the subject didn't come up in the conversation.

The ATF examiner in WV was polite, informative, and sympathetic. I really didn't want to torch a primo milled receiver, but according to him the demill didn't meet current standards, though it might have met some years ago; he didn't know. I asked if they wanted the pieces as proof, he said they'd take my word for it. Of course, I'd already sent them photographs and serial number, and they had my name and address, but I thought it was nice of them. (Hi Steve in WV, if you're reading this!) I'm using the front trunnion section as a paperweight; sometime when some spare round tuits are available, I'll finish the holding fixture and weld it back up as a "created from scratch" semiauto.


In your case, even if you don't find any papers, the guns might still be in the Registry. If they were in there under the name of whoever's estate you're dealing with, they'll have to be transferred anyway, so while not having the original papers would be a speedbump, papers from the lawyer and executor ought to be sufficient for the ATF.

Any way you go, you're going to wind up at the ATF in the end. It's not all that unusual a situation for them. In the worst case, the guns will have to be "destroyed", but as parts kits they'll still have some value for the estate.

A word of advice: the firearms are either extremely valuable transferable machine guns, or they're illegal machine guns governed by a lot of regulations that involve the word "felony." They need to be locked up under the exclusive control of the executor or estate lawyer. Given the potential value and legal implications, it might be worth purchasing a modest gun safe for them. Most executors are allowed "reasonable expenditures" to secure or maintain property. These are NOT something you want to leave in a closet somewhere.

 

[medalguy]

If you want to contact BATF to determine if they are indeed in the registry, I'd suggest having an attorney make the call. Client privilege and all, you know. If the guns do need to be surrendered (I sure hope not!) the attorney can handle that safely.

If they are registered, and you do not have copies of the paperwork, BATF Martinsburg can furnish a copy. While you're at it, get blank Form 5s to handle the tax-free transfer to the lucky heir.

 

[dprice3844444]

http://www.titleii.com/bardwell/nfa_faqhtml.html nfa dewat info
http://www.titleii.com/pdf/010205-Form5.pdf form 5
http://www.nfabranch.com/ disposition estate

you can have a lawyer contact nfa branch and question if said deceased person has any nfa weapons registered to them.

you can find a local nfa dealer to get the form 5 and finger print cards.
http://www.atf.gov/files/forms/download/atf-f-5320-5.pdf online form 5 pdf fill in blanks then print

http://www.atf.gov/content/distribution-center-order-form print cards.need 2 for each xfer.get spares.they are free