GlockTalk.com
Home Forums Classifieds Blogs Today's Posts Search Social Groups



  
SIGN-UP
Notices

Glock Talk
Welcome To The Glock Talk Forums.

 
  
Reply
 
Thread Tools Display Modes
Old 05-23-2012, 21:19   #1
Nalapombu
Senior Member
 
Join Date: Oct 1999
Location: Spring, TEXAS....USA
Posts: 5,133


Korean War Machine Gun Bring Back...Legal or No?

Hey all,

Just had a buddy call and ask my opinion on the legality of a full auto arm. Turns out a buddy of his, I don't know who, had an uncle that died and he was his sole heir. The guy had a lot of guns and in his safe was what was described to me as a "Korean War souvenir full auto rifle." Have no idea what it is.

My friend wanted to know if there was a way that this bring back could be transferred to his nephew and be legal today. I told him that if it had not been registered in the 1968 amnesty and was "off the records" until his death then it COULD NOT be transferred to an individual for ownership. Am I right? Or is there a way that his heir, his nephew, can own this souvenir and have it remain operational?

If he can't have it transferred to his name and own it, can he sell it to a Class 3 dealer or an SOT?

What can he do with it....turn it in?

Thanks for the help.

Nalajr
__________________
"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety"
Ben Franklin
Nalapombu is offline   Reply With Quote
Old 05-23-2012, 21:22   #2
ChiefWPD
Senior Member
 
ChiefWPD's Avatar
 
Join Date: Dec 2004
Location: Wellfleet MA
Posts: 3,106
I don't know of any way this type of firearm can be made legal to possess now. If you think it has historical value perhaps it can be donated to a legitimate military museum.
__________________
Chief WPD
ChiefWPD is online now   Reply With Quote
Old 05-23-2012, 21:27   #3
Cole125
Silver Membership
Senior Member
 
Cole125's Avatar
 
Join Date: Apr 2008
Location: Far West, USA
Posts: 7,593
Just tell him to shut up about it. Keep it, don't tell anyone. Don't take it anywhere and get busted with it.
Cole125 is offline   Reply With Quote
Old 05-23-2012, 21:35   #4
Wyoming
Senior Member
 
Wyoming's Avatar
 
Join Date: Feb 2007
Location: Southwest Wyoming
Posts: 1,948
Send a message via Yahoo to Wyoming
If you want Internet advice I'm game.

Need to contact a Lawyer.

This will give you protection from prosecutions until it is determined if firearm was ever papered. The ATF will do the search and if it is detriment that it is legal to own it can be transfered to heir.

If it was never papered then the Lawyer will have to surrender firearm and no one goes to jail.

If your buddy keeps firearm that is full auto and is caught with it someday he will have to hire a lawyer. It will cost a lot more and hopefully be able to plead guilty to a felony and maybe get probation.
__________________
Wyoming
Wyoming is online now   Reply With Quote
Old 05-23-2012, 21:58   #5
427
 
427's Avatar
 
Join Date: Nov 2009
Location: KUMSC
Posts: 7,000
As Wyoming susggested, get a lawyer, a cut out, when dealing with something like this.

No matter what happens, it would be in your "buddy's" best interest to keep his mouth shut.
__________________
Death twitches my ear. "Live," he says, "I am coming."
Virgil, Minor Poems

Enjoy yourself. It's later than you think.
427 is offline   Reply With Quote
Old 05-23-2012, 23:22   #6
Nalapombu
Senior Member
 
Join Date: Oct 1999
Location: Spring, TEXAS....USA
Posts: 5,133


Thanks all for the advice. I figured as much and told him so. All but the lawyer part.

The only thing I do not know is whether he could legally sell it to a Class 3 dealer or some other legal entity like a manufacturer or such.

Nalajr
__________________
"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety"
Ben Franklin
Nalapombu is offline   Reply With Quote
Old 05-23-2012, 23:41   #7
427
 
427's Avatar
 
Join Date: Nov 2009
Location: KUMSC
Posts: 7,000
Demil the receiver, then it's just a parts kit.
__________________
Death twitches my ear. "Live," he says, "I am coming."
Virgil, Minor Poems

Enjoy yourself. It's later than you think.
427 is offline   Reply With Quote
Old 05-24-2012, 00:01   #8
MajorD
Senior Member
 
Join Date: Aug 2010
Posts: 1,809
if it is indeed an unregistered full auto it is illegal and there is no mechanism to make legal anymore. It needs to be surrendered or big trouble is possilbe.
MajorD is offline   Reply With Quote
Old 05-24-2012, 00:19   #9
MrMurphy
Lifetime Membership
*********
 
MrMurphy's Avatar
 
Join Date: Jan 2001
Location: Buried in the X-files
Posts: 31,702
Having dealt with the ATF involving a superlowserial number Thompson that a law firm confiscated along with the rest of a guy's belongings in a case (something to do with unpaid fees, and they seized all his assets?) I reassembled the Thompson, determined yes, it did have a fully functional group therapy option, and immediately told them to contact the ATF.

ATF contacted me on specifics of the piece, which was one of the best condition Thompsons i've ever seen (serial was four digit.....and started with 1), a classic vertical front foregrip M1928 Colt. Turned out to be unregistered and unpapered, etc from what they told me, though I never did find out the ending to the story.

He needs to talk to a law firm and the ATF immediately, they DON'T play around.
__________________
"And Shepherds we shall be. For thee, my Lord for thee. Power hath descended forth from thy hand, that our feet may swiftly carry out thy command. So we shall flow a river forth to thee and teeming with souls shall it ever be. In nomine Patris, et fili, et Spiritus Sancti. Amen."
MrMurphy is offline   Reply With Quote
Old 05-24-2012, 02:25   #10
Nalapombu
Senior Member
 
Join Date: Oct 1999
Location: Spring, TEXAS....USA
Posts: 5,133


I stressed to him that in this day of terrorsism and ner-do-wells behind every rock and people getting busted all the time for "plotting" violence against the government and its people, that the FEDS would DEFINITELY NOT play around with him if he got caught on a range somewhere shooting it and he would certainly be looking at jail time.

I don't know the guy that has the firearms, but the guy that called me, I have been best friends with him for over 30 years and he calls me all the time with gun questions. He wanted to know because the guy that inherited it and the rest of the guns is wanting to sell them. The guy offered it to my buddy for $1,700 cash. I told him my personal opinion was to stay clear. One reason is that I have already helped him 4 times go through NFA processes to get his 4 suppressors. Someone that is already on the books, so to say, with NFA items that are totally legit has no business putting himself and his family in the position of financial ruin and a felony record with jail time. It's just way too chancy to even consider for me.
At the end of the conversation he told me he was going to pass, but I can't control what he does, just give him my personal warnings and advice should he proceed with buying it. I don't think he will buy it, but my feeling is that the guy that inherited it is a country guy and doesn't know much about the law and will either keep it or sell it to some other redneck.

The ONLY thing I did tell him on a positive side was that he could shut his mouth, keep it, and hope that another amnesty comes about, which is VERY SLIM hopes considering that the last and only one was in 1968. Even then the ATF would be bound to question whose possession it was in for the last many years until that pie in the sky amnesty occurred.

If I was close to my Uncle or family member and were in the same situation, it would kill my soul to have it destroyed. I think I would have it demilled and try to keep it.....or keep my trap shut about it for the rest of my life.

Thanks all for the REAL info.

Glad I told him right.

What a resource GT is and always has been.

Nalajr
__________________
"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety"
Ben Franklin
Nalapombu is offline   Reply With Quote
Old 05-24-2012, 06:38   #11
DFin
Senior Member
 
Join Date: Mar 2008
Posts: 2,183
He could consider hiring a lawyer to contact the ATF to see if it was ever registered.
DFin is offline   Reply With Quote
Old 05-24-2012, 12:16   #12
nbkky71
Senior Member
 
nbkky71's Avatar
 
Join Date: Jun 2003
Location: Davidson, NC
Posts: 1,252
If the gun is lawfully registered as an NFA firearm then it is possible for a legal heir to take ownership.

If it's not a legal gun, then I believe there is little recourse but to surrender it.
nbkky71 is offline   Reply With Quote
Old 05-24-2012, 12:48   #13
Zombie Steve
Decap Pin Killa
 
Zombie Steve's Avatar
 
Join Date: May 2007
Location: Old Colorado City
Posts: 19,935
Craigslist.



Zombie Steve is offline   Reply With Quote
Old 05-24-2012, 17:44   #14
Adjuster
Senior Member
 
Adjuster's Avatar
 
Join Date: Feb 2006
Location: Ft. Lauderdale FL
Posts: 10,320
My first step would be to confirm it is full auto capable. The average non gun person looks at an AK and assumes its a machine gun.



/
Adjuster is offline   Reply With Quote
Old 05-24-2012, 18:08   #15
Decguns
Senior Member
 
Decguns's Avatar
 
Join Date: Dec 2003
Location: NC
Posts: 2,540
9.5.3.3 Uncertainty about the registration status of decedents’ firearms. In some cases, anexecutor or administrator of an estate may be uncertain whether the decedent’s firearms are registered to the decedent in the NFRTR. Perhaps the executor or administrator is unable tolocate the decedent’s registration documents. As discussed in
Section 9.2, if the decedent’s firearms are not registered to him/her in the NFRTR, the firearms are contraband and may not be lawfully possessed or transferred. If the executor or administrator cannot locate the decedent’s registration documents, he/she should contact the NFA Branch in writing and inquire about the firearms’ registration status. This inquiry should be accompanied by documents showing the executor’s or administrator’s authority under State law to represent the decedent and dispose of
the decedent’s firearms. Although ATF is generally prohibited from disclosing tax information, including the identity of persons to whom NFA firearms are registered, ATF may disclose such information to persons lawfully representing registrants of NFA firearms.


9.5.3.4 Unregistered estate firearms. Should an estate contain NFA firearms not registered to the decedent, these firearms are contraband that may not be lawfully possessed or transferred. Where these are found within an estate, the executor or administrator should contact his/her local ATF office and arrange for their disposal.
__________________
Neca eos omnes. Deus suos agnoscet
Decguns is offline   Reply With Quote
Old 05-24-2012, 19:39   #16
WiskyT
Malcontent
 
WiskyT's Avatar
 
Join Date: Jun 2002
Location: North Carolina
Posts: 11,755
The newest American Rifleman I just got (online) tells about a water cooled machine gun found in a library's storage area. It was one of the ones captured by Sgt. Alvin York. the library had no idea of what to do with it since it couldn't be transfered and had to be destroyed. Ultimately, they were able to donate it to a museum in TN as that was the only acceptable place for it to go other than to destroy it.
__________________
Drugs are bad because if you do drugs you're a hippie and hippies suck.
Eric Cartman


"If you kill enough of them, they stop fighting."-General Curtis E. LeMay
WiskyT is offline   Reply With Quote
Old 05-24-2012, 19:44   #17
WoodenPlank
Who?
 
WoodenPlank's Avatar
 
Join Date: May 2010
Location: NW Florida
Posts: 7,777
Quote:
Originally Posted by MajorD View Post
if it is indeed an unregistered full auto it is illegal and there is no mechanism to make legal anymore. It needs to be surrendered or big trouble is possilbe.
Surrendered or rendered inoperable per ATF procedures for that specific weapon. As someone else mentioned, if it's rare, or otherwise of historical significance, it could possibly be donated to a museum.

The Hughes amendment really needs to be ****ing repealed.
__________________
Never argue with an idiot. They will drag you down to their level and beat you with experience.
WoodenPlank is online now   Reply With Quote
Old 05-24-2012, 19:58   #18
mboylan
Senior Member
 
Join Date: May 2007
Posts: 1,419
If it's part of an estate, most likely someone knows about it. If someone knows about it, they could talk. It's not worth several years in prison.

See if it has bring back papers or is amnesty registered. Get a lawyer yesterday.
mboylan is offline   Reply With Quote
Old 05-25-2012, 06:21   #19
armedcitizen
Senior Member
 
armedcitizen's Avatar
 
Join Date: Aug 2004
Location: Columbus Ohio
Posts: 872
It can be done if the gun was registered by the person that brought it back. A friend of mine did so with a Chinese burp-gun that her father brought back and had registered. She just sold it for $12000.00.
__________________
GT Black Rifle Club #1038
GT Wheelhouse #39
armedcitizen is offline   Reply With Quote
Old 05-25-2012, 06:40   #20
The_Gun_Guru
Ban Democrats!!
 
The_Gun_Guru's Avatar
 
Join Date: Jul 2006
Location: Where English and NYer's Go to Die!
Posts: 9,725
My "holy grail" is a Vietnam War Amnesty AK-47 bring-back

I have only seen one for sale in the past 25 years and it was $15,000!!!!If I ever win the lottery it will be one of the first things I buy!


My quest continues......



TGG
__________________
FL CCW Permit holder since 1991- C&R FFL Holder since 2007
Kalashnikov Klub #4519
OD G19 - LOTS of AKs - Only ONE AR....but it's a Colt!
NO AMNESTY FOR ILLEGAL ALIENS!!!
This is America. If you can't or won't speak English, PLEASE LEAVE!!!
The_Gun_Guru is offline   Reply With Quote

 
  
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump




All times are GMT -6. The time now is 22:00.




Homepage
FAQ
Forums
Calendar
Advertise
Gallery
GT Wiki
GT Blogs
Social Groups
Classifieds


Users Currently Online: 1,238
323 Members
915 Guests

Most users ever online: 2,244
Nov 11, 2013 at 16:42