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Death and nfa

Discussion in 'NFA Firearms and Accessories' started by Machine Shop Dude, Jun 25, 2020.

  1. Machine Shop Dude

    Machine Shop Dude Member

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    Watched a forgotten weapons episode on the machine gun amnesty of 1968 and another episode with a nfa authority of a auction house in which it was stated a rather large number of registered nfa items mainly machine guns were still "owned " by people born before 1900. Obviously they are dead, so what happened to those items? I understand before 1986 most nfa item were under 1000 dollars so no real money was tied up so families may not have even worried about those items or even known. Are they hidden or just lost to time?
     
  2. Offhand McFlan

    Offhand McFlan Member

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    Shhhh.
    Let sleeping dogs lie....
    ;)
     
  3. FL-NC

    FL-NC Member

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    Mine are willed to a friend who I served in the army with. He's a gun-head like me, and won't mind paying a couple of thousand in taxes and transfer fees for what he's getting.
     
    Gordon likes this.
  4. AlexanderA
    • Contributing Member

    AlexanderA Member

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    Inherited NFA items transfer tax-free on ATF Form 5.
     
  5. AlexanderA
    • Contributing Member

    AlexanderA Member

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    There is "attrition" in the registry. Guns get destroyed or lost, and the heirs don't care enough to follow up. This is one reason why there are "illegal" machine guns floating around. The solution is to have periodic amnesties to clean up the registry. The GCA '68 envisioned such amnesties, but the government never carried out one after the initial '68 amnesty. Now, it would be even more difficult to have an amnesty, because of the Hughes Amendment freeze on new guns. A registrant would have to prove that a gun was properly registered prior to May 19, 1986.
     
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  6. Prince Yamato

    Prince Yamato Member

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    An amnesty like one in ‘68 would not require a modification of the Hughes Amendment. The Hughes Amendment closes the ability of the atf to receive tax money for machine guns. The amnesty did not require anyone to pay a $200 tax. The tax and potential prosecution were waved.

    The problem is any new “amnesty,” would be more like a “gun turn in.” You’d get a $200 Walmart gift card and they’d trash your machine gun.
     
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  7. AlexanderA
    • Contributing Member

    AlexanderA Member

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    That's incorrect. 18 USC 922(o) -- the codification of the Hughes Amendment -- reads as follows:

    (o)
    (1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.

    (2) This subsection does not apply with respect to—
    (A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or

    (B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect [May 19, 1986].

    What this means is that unless a machine gun was in the registry at some time before May 19, 1986, it can't be registered or lawfully possessed today, regardless of whether or not a tax is paid. (There are of course exceptions for manufacturers and dealers providing guns to government agencies.)

    What an amnesty could do (without repeal of the Hughes Amendment) would be to rectify "chain of title" problems for guns that were properly registered at one time, but that for one reason or another "fell off the radar." The Attorney General could declare such an amnesty pretty much by himself.
     
    Last edited: Jun 25, 2020
    hso and Dan Forrester like this.
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