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The Lone Ranger

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The Lone Ranger last won the day on August 30 2020

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  1. In order to utilize a F-10, the museum needs to be run by the government. Any internet/gun shop commentary on funding sources, etc. are in error. See 27 CFR 479.104 ("governmental entities"). Same for the captured enemy equipment certificates. Commonly cited on the web as defacto registration, but to date I have not been able to get anyone claiming that to cite a verifiable example and the process is not in law or regulation anywhere. Also inquired with two real life gun lawyers (Barnes & Halbrook) who at that time had not seen any such examples. I have never seen anything that connected War Dept forms issued in overseas regions with Treasury registration in the US. This myth may be somewhat rooted in truth due to an E TN appeals court case in the 70s (McKeehan) where firearms brought back and subsequently transferred paperless were protected from confiscation. That concept is not being applied to anyone else.
  2. My recollection of KS law is that around 2008 (which is subject to being way wrong) they went from nothing to anything allowed by adding an exemption to the statute for items registered with the federal gov. If that's accurate, then the burden is on the possessor and producing the form to state/county/local LE might save someone an unenjoyable experience of being arrested and/or having their stuff pinched then not charged after producing the proof.
  3. Correct - 27 CFR 478.28 - bear in mind if you are one of the legion that registered your stuff to a trust, you will then have to transfer the firearm(s) from trust to yourself/LLC/Corp that holds the 03 FFL.
  4. Yes, the correct thing to do is VOID the F10 since no MG existed to register and whoever creates the MG to register it then transfer. All the LEA has to do is send a letter in requesting the void.
  5. This is not gunsmithing - it is manufacturing. The person building the MG needs to register it and transfer. There is no provision in existing law to build to fill someone else's registration. If you are a hunter it's the same concept as filling a deer permit.
  6. Actually the person building it should register it then transfer to the agency unless someone from the agency is present when the work is done. The F10 is for firearms that already exist but are not registered. The agency filed a bogus form and then the builder will compound things by building/not registering and doing a paperless transfer. Either the circumstances were not communicated properly or you got an employee who is not familiar with the laws to answer your question.
  7. This is correct - but the OP did not indicate in his post that the firearm was registered to a separate entity from the business which would change the answer substantially; just that the seller held an FFL and paid SOT and most of us opted not to read more into it. An FFL/SOT can transfer a firearm tax free to another SOT payer and it matters not what form was used to transfer it in. Another truism: looking at the form is the only way to "really" know. Sometimes the dealers themselves don't understand their LLC or corporation is not them.
  8. The OP indicated the seller holds an FFL and pays SOT - hence the F3. Transfers are determined by current circumstances; the previous transfer manner is not binding on the next. Most firearms bounce back and forth from 3,4, and sometimes 5 in their life. Some rare ducks even have 10s in their history (came back out into commerce prior to April, 1974).
  9. jbntex gave you great info. Given you want it to land in a trust, not much gain in getting the collector's license. Your status as a collector cannot be "loaned" to a trust so you don't even get the benefit of skipping the 5320.20 (permission slip) to move it interstate. Couple of other minor points from your questions - no prints are collected on a C&R license application so no need to spend the time and to answer your question about immediate shipping - no. Some dealers engage in shortcuts like not waiting for the transfer to be approved and claim an exemption for being a dealer but it's not a good idea, especially with a high $ item. It can be a painful flush if they get caught. Wait the extra few days (e-forms) or weeks (paper) for the F3 to be processed.
  10. SAF gave us Alan Gura and the world was a better place. GOA is burning cash trying to undo NRA's advocacy of allowing bureaucracies write legislation (NICE ONE WAYNE). NRA aggressively tried to scuttle Heller. Yes, there has been some good but they are first and foremost Swamp Dwellers - getting rich off big government, other people's money, and have no intention of allowing that to change. If you don't understand and accept that going in, eventually your feelings get hurt unless you have good blinders.
  11. That's what would be expected. It's somewhat unusual for modern firearms to be floating unregistered or in F10 purgatory.
  12. The disposing agency shouldn't be the one providing the letter and the agency that does provide the letter needs to articulate the need for a number higher than one. If you are bored enough to read Ruling 2002-5, note there is a discrepancy between the summary and actual text. Until summer 2008, NFA Branch went by the summary but switched to the text which specifies justification for more than one.
  13. Probably registered; Forms hidden in a cabinet or trashed shortly after purchase.
  14. A F5 won't work - it needs a birth certificate first. The only route for that on an unregistered is a F10 and those don't go into commerce since 1974 so the F5 gets disapproved. Cops can use your torch, no problem there. No need for you to log them in since you are not taking control of them (and have no reason or avenue to do so). The LE agency notifying ATF of destroying unregistered firearms is pointless since ATF has no record of them. If the guns are registered, the agency can notify or not, it's optional but may save future generations a panic attack thinking their machineguns were stolen. Yeah, cutting up USG loaner guns not good for the PD so it might be worth asking what they are, where they came from. Cops are aces at losing forms. M16s or M14s should make them a bit cautious about cutting. Inquiring by serial # is the most efficient way and if registered getting a copy should not be difficult. Last I knew, there was a waiting list and if an agency opted to dispose, they would get directions from the same state property office that hooked them up on where to send them.
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