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Just inherited about a 75 rifles, what do I need to do?

Discussion in 'Legal' started by sonofbubba, Feb 2, 2011.

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  1. sonofbubba

    sonofbubba Member

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    My father recently passed away. He was an amateur gunsmith and had a c&r license.

    My mom can't find his catalog and I haven't had time to count them all, but conservatively, he left about 75 milsurp rifles and barrels, actions and stocks for maybe another 50.

    Do I need an armory or a c&r license? If I do, I need to move the weapons out of my mom's house?

    He has a lot of Russian, japanese, and czech weapons. Can I count on you guys to help me identify them? :D
     
  2. docnyt

    docnyt Member

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    I can't claim to be a legal expert but if these items were left to you in his will, then they are yours.
     
  3. W.E.G.

    W.E.G. Member

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    Bust out the camera!
     
  4. oneounceload

    oneounceload member

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    You need a bigger safe in your house.................
     
  5. Unistat

    Unistat Member

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    My condolences on your father's passing.

    Not a lawyer, but I'm going to say you probably don't need to do anything but take your rifles. This statement is modified if:

    -You live in a state where long arms must be registered or you have to posses a firearms permit. Most states don't have these requirements, but you shold check if you don't know.
    -Some of the firearms are short barrelled, full auto, or have other restricted features.
     
  6. Ohio Gun Guy

    Ohio Gun Guy Member

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    Dont go near any sand paper, files, or hack saws....... no, they wont make a better hunting rifle with the stock cut off. ;)

    The legal stuff depends on what state you live in.
     
  7. Sniderman

    Sniderman Member

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    Talk to a Lawyer, or a state agency that's setup to handle citizens questions in your state. Most likely you're fine but it's good to be sure of where you stand legally.
    May be an Inheritance tax due somewhere.
    Most important,, you need to buy some ammo,,, Lots of ammo,, :D
     
  8. Sam1911

    Sam1911 Moderator

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    Federally, if they passed directly to you, specifically in his will, then they are yours outright.

    If they were not specifically listed in the will, then they belong to the beneficiary of his estate -- probably your mother.

    If she wants them to be yours, and you live in the same state, she can transfer them to you in accordance with your state laws. (Probably nothing more than a simple gift, but could be more depending on your location.)

    If they are legally hers, and you live in a DIFFERENT state, they would all have to be transferred to you through an FFL dealer (in YOUR state, in the case of handguns) -- or you could leave them in her ownership and let them pass to you in HER will (in which case they would not need to go through a dealer).

    If any of them, as Unistat said, are NFA-regulated items (machine guns, silencers, short-barreled rifles or shotguns, destructive devices, or "AOWs") AND you are the DIRECT beneficiary, the executor of the estate may hold them while they are transferred to you, tax-exempt, on a "Form 5." (There is a sticky thread on this process in our NFA forum.)

    There is no "armory license." (At least not in any state I know of...)

    You do not need a C&R Collector's Type 03 Federal Firearms License, unless you want one. You do not need it to own and enjoy these. It can help you with further purchases.

    Post pictures of anything you can't identify or you want more info on down in our "Firearms Research" forum and we'll give you more info than you even want! :)

    Also, it would be worth having someone who really knows what they're doing look at a collection such as this before you ever consider selling any of it. There are some guns that are very similar to run-of-the-mill items but are actually worth a fortune. Especially as your father must have collected for decades, there is a strong likelihood that he collected more than a few items which have since become quite rare and valuable. Having them cataloged and appraised would be a wise move ... and consider an insurance rider to protect his investment.
     
  9. The Lone Haranguer

    The Lone Haranguer Member

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    First, TTIWWOP! :D And are those loose barreled actions and stocks supposed to go with one another?

    If they were left to you in a will, most likely they are yours, period. But some states have oddities, which is why knowing your location would be helpful.
     
  10. HonorsDaddy

    HonorsDaddy Member

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    What should you do with them?

    Give them to me of course. I'll PM you the address..:cool:

    In all sincerity, my condolences for your loss. Sounds like Dad left you a nice collection
     
  11. xXxplosive

    xXxplosive Member

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    Time to open a store.............
     
  12. rozziboy18

    rozziboy18 Member

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    too many rifles to count....... a problem i hope to one day have!
     
  13. frankenstein406

    frankenstein406 Member

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    I'm so jealous :(. I only have one gun but, working on it.
     
  14. xcgates

    xcgates Member

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    First make sure you have legal possession of them.

    Second, take a notepad, camera, and take lots of pictures, and note all the information you can about them. (And post here, or it didn't happen.;))

    Do a rough inventory of value and condition so you know what you have.

    Go get yourself some ammo in all of the calibers you have, and have fun. (Making sure they are all in safe working condition, as it sounds like he may have tinkered)

    And then the final, and perhaps best step is to become among the suckiest people on the board for your good fortune!:neener:
     
  15. Rocketmedic

    Rocketmedic Member

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    Seconded on all their advice, with one caveat. Try and find the paperwork (if able) on those, especially if any are full-automatic. You really want that tax stamp.

    If you're interested in selling any, feel free to PM me.
     
  16. frankenstein406

    frankenstein406 Member

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    Don't skimp on checking them over. Who knows if he had unfinished projects. Did he keep a log on them?
     
  17. ultradoc

    ultradoc Member

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    Sorry to hear about your father. But what a great gift/gifts he has left you. I wouldn't go blabbing around town that you have these.
     
  18. Bubbles

    Bubbles Member

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    Good point. While NFA firearms can be inherited and it's a fairly easy process, it's not as simple as just showing up at your mom's house and taking the stuff home with you.

    Look through your dad's papers and see if any look like these:
    ATF Form 1
    ATF Form 4
     
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