Class 3 Tranfer Question

[Mike Hammer]

I've got a question perhaps someone can answer regarding a Class 3 gun transfer. The gun in question is a C&R machine gun. I am the buyer and I hold a C&R FFL and I reside in a different state from where the gun resides. The gun IS registered, however the owner is deceased and the Transferor of the gun is the Executor of the owners estate, yet they hold no FFL. My question, can this gun be transferred to me directly in only one transfer? I guess the qustion boils down to will the Feds accept the transfer even though there is is no FFL Tranferor's number to put on the form 4. I've never made a transfer quite like this so I just want to make sure the Feds won't spend months on this and then reject it.

 

Mike Hammer

[RoscoeTurner]

Mike,

 

I helped a lady a couple of summers ago whose husband passed away owning several MGs. The transfers were done with her signing in the block on the F4 as the excutor of the will. With one gun that was going out of state it was one transfer to the out of state SOT.

 

By the way that transfer was the first I had ever done like that and the fellow at NFA Branch I dealt with walked me through all the problem areas. I probably still have a copy of the paperwork showing how it was done. I was not an SOT at the time.

 

RT

[Mike Hammer]

RT, so it looks like no problem for an SOT to receive, I wonder if it makes any difference that I only hold a C&R. Is there anyone at ATF to answer questions like this over the phone? I've only talked with the examiners in the past regarding transfers already in progress.

 

Mike Hammer

[RoscoeTurner]

Sure, just call the NFA Branch number with your question and they will hand you off to someone who can help you.

[The Lone Ranger]

MH,

 

If you are receiving the C&R and hold a C&R FFL, it is no problem. Look at the C&R as a mission specific license - acquisition of C&R firearms through interstate commerce. There is no delineation between C&R NFA and C&R GCA, no SOT needed.

 

The executor can complete the transfer. The executor fills out the transferor section and adds the deceased info where requested. Executor signs as transferor and indicates "executor", "personal representative", or whatever term that state uses. Executor includes a copy of the death certificate and documents appointing that person as executor (no need for originals).

 

Do it once and you will be a pro.