Silencers being will'd to someone

[Bullbuster]

I can't seem to get a straight answer no matter who I talk to and I have spoken to 3 class 3 dealers, 2 LOE's, a local DA office, and gotten no call back by another agency. But here is my question.

A silencer and gun has been will'd to someone. The willer is not the original owner but the ex wife of 10 years and the original owner is dead. Original purchase paperwork is still with the gun. Ex wife came accross the gun while cleaning out attick. Divorce paperwork said "Anything left in the house after XXXX date became her property." Again that was 10 years ago and it was found in attic not long ago and sense will'd to her son-in-law.

I'm trying to help and gatther info as to the legality of it all for both parties. Hate to see anything bad happen.

 

[338Shooter]

So she got it in the divorce? That is a sticky. You might try calling the NFA branch of the ATF at (304) 616-4500 and ask them what should have happened. The ball was dropped at the divorce it sounds like and the suppressor may have to be destroyed. They will be the only ones to tell you what you need to do.

 

[angsniper]

So she got it in the divorce? That is a sticky. You might try calling the NFA branch of the ATF at (304) 616-4500 and ask them what should have happened. The ball was dropped at the divorce it sounds like and the suppressor may have to be destroyed. They will be the only ones to tell you what you need to do.

I believe that if it wasn't transferred to her and a tax stamp paid, then she doesn't own the gun/silencer. I've been wrong once or twice so keep that in mind.

 

[338Shooter]

I agree. I don't think she owns the silencer, but at the time a form 5 might have been accepted, but now, they may want the can destroyed. I don't know.

 

[hk33]

I recommend asking here:
http://subguns.com/boards/mgmsg.cgi


or
Firearms expert law firm here:
http://www.jacksonvillelawyer.pro/


Does someone have a copy of the form 4? Is this a suppressor or a firearm, it is hard to tell from your post as the heading is different from the info? If it was a full auto gun it would be worth a lot more than a suppressor so it would be worth it to track down the info. For a can though I would think that it is unlikely to be worth the expense of getting the paperwork in the name of the person that currently should be in possession of it.

 

[tyromeo55]

Try to get ahold of Major. He knows the laws better then anyone

 

[jeffsoward]

The way the following reads to me is that more than a reasonable time has passed. An attorney, with the proper documentation of the will and its execution and the divorce paperwork might be able to help figure out if the ex hid the item and potentially show BATFE that the premeditated crime caused the delay in transfer of the item, but it will probably be cheaper to report it, destroy it, and legally buy another.

http://www.atf.gov/press/releases/1999/09/090599-openletter-nfa-estate-transfers.html

For registered NFA firearms in the estate, the executor should take action as soon as possible to arrange for the proper registration of the firearms. Possession of an NFA firearm not registered to the possessor is a violation of Federal law and the firearm is subject to seizure and forfeiture. However, we do allow the executor a reasonable time to arrange for the transfer of the registered firearms in a decedent’s estate. This generally should be done before probate is closed.

It is the responsibility of the executor of the estate to maintain custody and control of the firearms and to transfer the firearms registered to the decedent. The firearms may not be transferred to another party, such as a firearms licensee, for consignment or safekeeping. This would be a transfer subject to the requirements of the NFA. The licensee may assist the executor by identifying purchasers and acting as a broker.

 

[Farmall]

it sounds like alot of red tape to me. But I would want to know what to do for sure.

 

[Bullbuster]

Ok to help clear up a few loose ends on my part of the past. I talked to the other 2 parties and this is what I'm told.

The ex-wife was cleaning out the attic and found the pistol in a case that had 4 barrels 1 being a silencer and the original purchase paperwork in it, hence how she knew one of the barrels was a silencer. The gun was in a case in a box with other empty pistol cases. The ex-husband who has been dead for several years now was at one point in time a class 2 and 3 FFL. My best guess it was atleast 15 years ago if not a bit longer. The purchase paperwork is in his name. From the discription its a .22 I gather.

She willed it to her son-in-law as he has a few guns and she is in poor health, one reason for cleaning the attic for inventory, and figured he'd like it. As for the divorce decree goes she said that he had to have all his stuff out by a certain date and what was left became her's. She had no clue this gun was even in the attic much less him ever having had it. She said she never paid much attention to what he had for guns.

The son-in-law asked me what I thought of it as he knew I know a bit about guns and figured I may know about this, which I don't. I have no clue as to the condition of the gun or silencer.

I'll refer all the links and info on to him for further research. Am just trying to help him out and learn a bit about class 3 in the process.

 

[Bullbuster]

I was asked to pass along a thank you for the referances and information.

So