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I recently inherited a Thompson and I'm trying to find out about it. I checked the FAQ section here and I've looked at other resources online, but I can't find anything about a 1928 AC model. I see a 1921 AC and a 1928 A1, but no 1928 AC. In the attached photo, you can see that the "C" appears to be a different stamp than the rest of the model number, so maybe that has something to do with it.

 

Also, I've been told there are some federal regulation restrictions on these weapons. From what I understand, if it was not registered by the early 1980s, then it is illegal to possess it now. Is this accurate? How I can check to see if it's registered without risking confiscation or other legal issues? Is there a public database with serial numbers?

 

Thanks in advance for any and all info.

Edited by bigbacon
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You have a Thompson that was manufactured by the Auto Ordnance Corp in Bridgeport, Connecticut during WW2. Without looking I believe it was made in late 1941.

Guns going to the US military were stamped US M1928A1 and had a "WB" inspectors stamp and an ordnance wheel stamp. When a gun was set aside for a police order the US was ground off. The last '1" in M1928A1 was ground off and re-stamped with a "C". There would be no inspectors stamp or ordnance wheel on a police gun. This is what you have ,- a police Thompson.

If the gun wasn't registered by 1986 it cannot be registered now. It would be contraband.

Without paperwork the receiver could be destroyed and the parts sold for about $800.00. With paperwork the gun would be worth $16,000.00 to $20,000.00.

So its worth trying to discover a registration form.

Best of luck.

Jim C

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Thank you sir. Any idea how to go about checking the registration? I do not have any paperwork.

 

It's difficult to type wearing oven mitts, but that is as close as I want to get to your issue.

 

I hope you're too busy right now to read this because you're phoning your attorney for proper advice.

I wish you the best, and hope the paperwork is discovered very soon.

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Thank you sir. Any idea how to go about checking the registration? I do not have any paperwork.

There is no data base to look up. Even if it was registered by someone in the past the ATF will not give out any info because your name is not on the form. The ATF will tell you to surrender it to avoid prosecution.

If you do hire a lawyer as was suggested, you need to find one familiar with the NFA laws.

Your best bet is to start with the person you got it from and try to trace it back from there .

Jim C

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What you have is possession of a National Firearms Act (NFA) weapon without the apparent proper permission from the US government. This does happen from time to time with estates and is not the end of the world. However, you need to act fast and get some legal representation from someone that specializes in this area. Any legal advice you get from this or any other Internet Board is worth exactly what you pay for it. It may be this weapon is properly registered and was given to you without government permission. This situation can probably be rectified with some legal advice. Or it may be the weapon was never properly registered and cannot be owned by a civilian. Again, legal advice on how to dispose of this weapon would be the best way to proceed. It will have to be disposed of if not properly registered. Keeping it is a felony! You can turn it over to the ATF for probable destruction, donate it to a law enforcement agency or donate it to a firearms museum. Sound legal advice guiding your actions is needed. What I have posted is very simplistic.

 

I suggest contacting your attorney if you have one. They probably do not specialize in NFA law but may be able to point you in the right direction (you do need a specialist for this area). If not, Google "NFA Attorney" and see what options are available. I did this for fun and found what may be a useful website:

 

http://www.guntrustlawyer.com/

 

No recommendation, just something to check out.

 

Since this is a 1928AC Thompson variation, I think the chances are better than even this Thompson may be registered. It was most likely owned by a police department in the 1940's. If so, it was probably properly registered. Many police departments legally traded in their old weapons during the 1960's and 1970's for new ones. Again, consult with your attorney to explore if this is a legally registered weapon. If so, it is very valuable property and worth spending a little money to preserve.

 

I wish you the best. After this situation is legally resolved, let us know what happened. If you have to surrender or donate it, you can always keep the drum; there is no federal prohibition for that (but check your State laws).

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"My" suggestion would be to take it down to bare receiver first. Take all the parts to an unknown location separate from the receiver, so if it does get confiscated only the receiver will be gone. Plus that shows that you had no intention of using a possibly unregistered gun. Ignore the oven mit people it is not uncommon for this to happen. Never know what Dad or Grandpa has in the attic. Main thing is to not try to market or shoot it until it is cleared up.

 

Look here for more information. http://www.atf.gov/p...-transfers.html

 

Looks like if you are "not" the executor of the estate you best not have the NFA part, receiver, in your possesion. That is the way I read it anyhow.

Edited by Z3BigDaddy
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The Trustee or executor of the estate should have used a Form 5 to make the transfer to you.

Contact him and fill out the Form 5 and send it to the NFA Branch in West VA. That process will

tell you if the gun is registered. It used to be that you could get registration info with a phone call, now

you have to be the owner of record before they'll give it to you.

 

If your uncomfortable with that, find a reputable Class III dealer in your area and have

him help you. Most dealers are above board,, but there is some bad apples out there.

I'm sure that a few would play an angle towards getting the gun for himself.

 

If it doesn't sound right, let the forum experts here guide you through the process

as it progresses. Until it gets resolved, keep it in your safe!

 

My 2 cents,

Darryl

Edited by darrylta
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I would do what TD and Z3BigDaddy advised. You don't need to make any calls yourself or go to a class III dealer no matter how good they may be. A class III dealer has to look out for himself and not you. Get a NFA attorney period. Last tell as few people you have it.

 

Good luck

Frank

 

PS. I don't know nothing about no stinking gun.

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Always willing to defer to the more experienced, but at least around here: If an NFA dealer is approached by someone who says they have something but "they're not sure if it's registered," -that person would need to talk loud and walk fast, because they'll be talking to the back of the back of the dealer's head as he walks away.

 

How would dealers handle this? Anyone?

Edited by mnshooter
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I would strip it down to the barreled reciever and give that to the executor of the estate. He can then inquire to BATF about it in his role as executor. He needs to have copies of the paperwork ( as proof that he is executor ) that he can send them as well as death certificates and such. Once that is settled , BATF can talk to him as he is now the recognized " owner " of the firearm if it's registered. If it is not registered , they will inform him of how to surrender it. If it is papered and there is not a reason you can't own it ( you live in a state that does not allow it , your not of age , your a felon , etc. ) it will be transfered to you on a form 5 tax free . If you can't own it , it can be left to another or sold by the executor to someone who can own it and the money given to you. Having the estate inquire to a lawer in this field would be a good idea if there is a problem.

Chris

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Dealers may have contacts at the NFA Branch that will do them favors.

I had a problem with a transfer once, the dealer contacted his source there and

it was quickly resolved.

 

They deal with this type of problem all the time.

 

-Darryl

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I would strip it down to the barreled reciever and give that to the executor of the estate. He can then inquire to BATF about it in his role as executor. He needs to have copies of the paperwork ( as proof that he is executor ) that he can send them as well as death certificates and such. Once that is settled , BATF can talk to him as he is now the recognized " owner " of the firearm if it's registered. If it is not registered , they will inform him of how to surrender it. If it is papered and there is not a reason you can't own it ( you live in a state that does not allow it , your not of age , your a felon , etc. ) it will be transfered to you on a form 5 tax free . If you can't own it , it can be left to another or sold by the executor to someone who can own it and the money given to you. Having the estate inquire to a lawer in this field would be a good idea if there is a problem.

Chris

Hey that's what I said! :happy: But I would take the barrel, extractor etc. etc.... off so it was a truly stripped receiver.

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A plan of action that involves asking favors from government employees involving tax information is stupid - and illegal.

 

Trying to remove a barrel from a Thompson receiver without the proper tools or experience is also stupid.

 

An attorney who specializes in firearms law is the best option for operating within the law and not destroying what could be a valuable piece of property.

 

Good luck.

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Or could be lost to be cut up by ATF with the barrel attached negative value... Well when you add the atty fees it would be minus value. :happy: Since we both charge the same for advice I guess it's a push..... Edited by Z3BigDaddy
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TD sounds a little combative doesn't he ;-), "stupid" I've been called worse I guess :-)

 

The ATF agents I've dealt with have been very helpful and on the gun owners side,

as long as your striving to be within the law with your endeavours.

 

I have dealt with Ted Clutter, NFA's lead examiner in the WVA office, several times

and received quick decisive direction from him. He would be my point of contact.

 

Checking to see if a gun is registered is not seeking tax information on a previous owner,

it's either a yes or no answer? Implying that it is, is acting stupidly.

 

Of course, seeking the services of an attorney is always an option to.

 

-Darryl

Edited by darrylta
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I'm sticking with my advice to try and trace it back within the family of the owner, before involving a lawyer or anyone out of the loop.

From the info provided we have no idea whether or not a will or an executor was involved. It may have just been a case of a widow saying "get this thing out of my house".

I agree with those who advised stripping the gun down to the barreled receiver and stashing the parts. Removing the barrel from the receiver would require a gunsmith and as soon as that happens a call goes to the ATF.

Like TD said, since its a 28AC there is a possibility it was registered by the PD, but how many breaks in possession since then is the question.

Jim C

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bacon guy and his third post um!

 

if we get any Drug cartel guys here asking about registration on ak's and new made M-16's i give up. wink!

 

Ron /Colt21a

 

Fox Muldoooor wazz up? and normally i don't even post on stuff like this i just found it very amusing today after reading all the responses.legal advice no cost. get it off a public forum now!change your identity and move to Argentina. and Tell Adolph i said hi!

Edited by colt21a
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Bbacon,

 

Post #18 (Jim) seems to me to be your best course of action. Understand though that the mere posession of the receiver of this 28 is a serious federal and probably state felony. If there is an executor of this estate the receiver needs to be in their possession. Don't be frightened by the 10 year +$250,000 fine threat. As a 1st offender you'll only do 18 months and probably $2-5,000 in fines. Another 40-50K for legal help should finish it up.

 

The internet is a wonderful but VERY public place and while saving the gun is a nobel and potentially profitable jesture, you are operating very close to the edge.

 

Bob D

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Bwahahaha! :D If only you knew when you first posted it. I think if you act in an above board way and do not try any trickyness, you will have no worries mate. Read the ATF letter link as these "are" the people that have the final say on it. The rest of the stupid people are at best your "helpful" bystanders. Best of luck on you endeavors!

 

Blaine

Edited by Z3BigDaddy
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Bbacon,

 

Post #18 (Jim) seems to me to be your best course of action. Understand though that the mere posession of the receiver of this 28 is a serious federal and probably state felony. If there is an executor of this estate the receiver needs to be in their possession. Don't be frightened by the 10 year +$250,000 fine threat. As a 1st offender you'll only do 18 months and probably $2-5,000 in fines. Another 40-50K for legal help should finish it up.

 

The internet is a wonderful but VERY public place and while saving the gun is a nobel and potentially profitable jesture, you are operating very close to the edge.

 

Bob D

I've seen two most likely legit NFA guns, one a Thompson, destroyed when the heirs were given the same sky is falling advice. Was really sad... I did what I could to save the Thompson but wife was looking at prison time so she had it cut up into little pieces.

Edited by Z3BigDaddy
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Bbacon,

 

Post #18 (Jim) seems to me to be your best course of action. Understand though that the mere posession of the receiver of this 28 is a serious federal and probably state felony. If there is an executor of this estate the receiver needs to be in their possession. Don't be frightened by the 10 year +$250,000 fine threat. As a 1st offender you'll only do 18 months and probably $2-5,000 in fines. Another 40-50K for legal help should finish it up.

 

The internet is a wonderful but VERY public place and while saving the gun is a nobel and potentially profitable jesture, you are operating very close to the edge.

 

Bob D

I've seen two most likely legit NFA guns, one a Thompson, destroyed when the heirs were given the same sky is falling advice. Was really sad... I did what I could to save the Thompson but wife was looking at prison time so she had it cut up into little pieces.

 

Yep. Sorry I wasn't able to help out there but I'd used up all my favors. I consider it sound advice to the OP that he get the gun (receiver) out of his possession and back to the executor. Only as an absolute last resort would I destroy the receiver. I don't know if anything "tricky" is going on here or not but the fact remains possession of an unregistered NFA weapon is a serious offense. I've sure been stupid during my like but I don't consider myself "stupid".

 

Bob D

 

Bob D

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Don't try to take the barrel off of the receiver. This requires specialized tools and knowledge. If it's done improperly, the gun's value could be largely lost due to disfigured and ruined parts. It is not a simple job for someone who does not know Thompsons.

 

Don't panic! Even if you have to surrender the piece, the request will be made very politely, and a date, time, and place will be set. No one will bust down your door and haul you (and the piece) off. You'll be given plenty of time to comply.

 

IIRC, we recently had much the same situation. Someone asked much the same question and read much the same kind of answers like some of the ones above. A panic attack insued and the gun was cut up and destroyed. Turned out that it had legally owned and could have been transferred.

 

This, guys, is why we have detailed wills and living trusts. You DO have those, don't you????

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FWIW, agree with above advice in going back to where it was inherited from, quietly inquiring how the gun was acquired, and from whom. You may be surprised that it is on a Form 4, and over the years the paperwork just got put in a drawer, and separated from the gun. I am a FFL SOT, and have always been able to call NFA Branch, or my local ATF field office for advice. And a call to a "friendly examiner" with a serial number gets a quick answer if it is on "the registry" of NFA items or not.

 

So, the other advice is find an FFL SOT in your area, and ask if they can make a discreet inquiry (the FFL SOT will need the serial number).

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