How to move this weapon to Oklahoma?

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Model 70

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Down in Texas there exists a Garand M2 (yes, M2) carbine that was taken out of service and "dressed UP" prior to being presented to a CSM upon his retirement in 1968. It was only taken out of the box a couple of times before he died last year. His widow wants to sell the gun, (all his guns actually) and therefore the son wants (needs) to bring it up here to Oklahoma to sell it but does not have any paperwork in his name. The gun is a select fire weapon. Any advice on how to do this without winding up on the illegal side of the law? If anyone has advice please PM me. My friend is sitting down in Austin right now and needing to come back to OKC tomorrow.
 

Garand

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I read a really good article about this same topic recently but can't seem to find it.

Cliff notes: Unless there is documentation proving how the rifle came into his possession it may end up in the Govt's hand.
 

CAR-AR-M16

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The whole story sounds funny. I have never heard of a functioning military weapon just being "taken out of service" to present to someone. Even if it did happen, military weapons are not in the NFA registry, so it would have had to have been papered somehow back in 68. If it did somehow get papered back then and the owner later died, it would had to have transfered to the widow on a Form 5 after he passed. She would now have to Form 4 transfer it to the son (assuming he is a resident of the same state). If not, it will have to transfer on a Form 4 to a 01/03 FFL/SOT in the son's state and then another Form 4 from the 01/03 to the son. All of this will take many months to years to do legally. I would suspect it is un-papered and therefore contraband and cannot be made legal. If you do have some paperwork you need to contact an NFA savy lawyer like was mentioned in the link above to get this worked out, but you still may have to surrender the weapon in the end.
 

ratski

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Steve,

I believe that the Form 5 does not have to be to the widow, but to anyone who would be entitled to inherit from the estate.

Dave
 

CAR-AR-M16

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Steve,

I believe that the Form 5 does not have to be to the widow, but to anyone who would be entitled to inherit from the estate.

Dave

Dave, yes it can be transfered on the Form 5 to whichever lawful heir the guy wanted to leave it to. I just assumed it was the widow since the OP said that she wants to sell the gun and they were trying to figure out how the son can get it and then sell it.
 

mr ed

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strip all parts off the barreled receiver and be prepared to lose it if worse comes to worse. at least then you could sell the parts and get some money. the receiver is the only registered part and the only part the government is entitled to confiscate. carbines come apart quick and easy.
 

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