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Silencers being will'd to someone

Discussion in 'NFA & Class III Discussion' started by Bullbuster, Jan 18, 2010.

  1. Bullbuster

    Bullbuster Sharpshooter

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    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.
     
  2. 338Shooter

    338Shooter Sharpshooter

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    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.
     
  3. angsniper

    angsniper Sharpshooter

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    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.:sunbath:
     
  4. 338Shooter

    338Shooter Sharpshooter

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    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.
     
  5. hk33

    hk33 Sharpshooter

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    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.
     
  6. tyromeo55

    tyromeo55 Sharpshooter

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

    jeffsoward Sharpshooter

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    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.

     
  8. Farmall

    Farmall Sharpshooter

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

    Bullbuster Sharpshooter

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    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.
     
  10. Bullbuster

    Bullbuster Sharpshooter

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

    So :thanku:
     

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