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Transfer of NFA registered Thompson after death of owner ?


maj118
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A friend stumbled onto a transferable Bridgeport Auto-Ordnance Thompson M1/M1A1. The owner had passed away and the gun is in possession of his son. The son has some pretty serious health problems and wants to sell it. The son is also the executor of his father's estate. I'm involved because I have some, limited, knowledge of the Thompson and the process to transfer it. They have none. We have been told that the gun will have to be papered to the son before he can then sell it to my friend. We have also been told the son, as the executor of his father's estate, can act as the deceased, licensed owner and sell the gun.He only has to provide a death certificate and other legal documents. Because of the son's health problems, waiting 6 to 8 months for the transfer to his name and then another 6 to 8 month to transfer it to my friend may be longer than the son has. Conflicting answers from both ATF agents and Class 3 dealers on how to do it legally in the shortest amount of time have prompted my post. The questions: Has anyone here experienced a similar situation? How was it handled? Is there an office or individual in the ATF we can contact for a definitive answer? Thank you in advance.

 

A side issue is the markings on the gun. I know there were some problems during the transition from the M1 to the M1A1 that caused the guns to be marked M1 and the A1 hand stamped on it after the new bolt was installed. This one was marked M1 with the A1 added later and then X'ed out. It has the M1 bolt in it. I didn't think they went backwards when they rearsenaled a gun. I can find no markings that indicate the gun was rearsenaled. Why would they stamp it an A1 and then X it out?

 

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The following link may help explain the procedure to you.

 

https://www.atf.gov/firearms/docs/transfers-national-firearms-act-firearms-decedents-estates/download

 

My interpretation is that a licensed dealer may assist the estate in transferring the gun to a qualified buyer on a Form 4. I believe it may depend on how long the decedent's son waited after the death of his father to attempt to dispose of the gun. If it has been a period of years, they may require that he have it transferred to him, if he is eligible. If he has waited too long, they may not allow it at all. They only mention a "reasonable time". That will be up to BATF to determine what is "reasonable", unless there are extenuating circumstances.

Edited by gijive
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It can be done. I purchased a H&R Handy Gun directly from an executor. The gun had been ‘out of legal commerce’ for a short time but all it took was a copy of the death certificate and the executors signature. My WH28 also came out of an estate directly from the executrix. Get that paperwork started!

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Hi,

 

Done it about 8 times.

 

The son as the executor fills out the Form 4 to you indicating the registered owner has passed. There are boxes for that on the Form 4. The Form 4 with death certificate and proof that he is the executor your FP cards and photos go to BATF. That is about it. Wait. This assumes that you, the gun, executor, and registered owner are in the same state. I've done this out-of-state on C&R w/o any problems.

 

Enjoy,

 

Grasshopper

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It is not difficult. One detail that may come up is whether the estate remains open. A recent order naming the son as executor works. If the estate is old (like a couple years), the ATF will ask for evidence that it is still open or that it has been re-opened. A court order recognizing that the executor is still empowered works (ask me how I know). If you have any questions, PM me.

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