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How do pre may dealer samples work?


Thumpy

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Hey guys I was wondering with pre may dealer mgs can you pass them down when you die like a transferable? Or no? Ik you have to have a ffl/sot to own them I don’t have either of those but I allways wanted to know if they could be passed down

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2 hours ago, Thumpy said:

Hey guys I was wondering with pre may dealer mgs can you pass them down when you die like a transferable? Or no? Ik you have to have a ffl/sot to own them I don’t have either of those but I allways wanted to know if they could be passed down

This makes

No Common Sense gun law. 

So all common sense and gun law

Is void?

Edited by Born loser...in Montana
Sp
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21 hours ago, Rodney's Distributors said:

Thumpy, riflejunkyBorn loser...in MontanaThe Lone Rangermike todd

TITLE 27, CODE OF FEDERAL REGULATIONS, PART 179: MACHINEGUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS states: 

 

 

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Thank you for showing us this but with pre may dealer samples you can keep after you give up your ffl/sot I was wonder that if you owned one got ride of your ffl/sot and then died years later would the guns be able to be transferred to say your kids even if they did not have a ffl/sot 

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1 hour ago, riflejunky said:

No you can not keep the dealer samples unless you are still in business with your sot at the time of your death. The guns can transfer with the ownership of the business. If there is no licensed business  at the time of death then the estate must sell the weapons.

Even if it’s a pre may ?

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9.5.3.5 Distribution of decedents’ “sales samples.” If NFA firearms in a decedent’s estate are “sales samples,” that is, they were imported and distributed to the decedent as sales samples or were domestically manufactured machineguns distributed to the decedent as sales samples, the sale sample restriction continues in effect and lawful possession of the firearms requires that the firearms be held as “sales samples” for demonstration to government agencies.171 Therefore, these firearms within an estate must be transferred to government agencies or FFLs/SOTs as sales samples for demonstration to such agencies.

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On 1/10/2019 at 7:15 PM, Thumpy said:

Thank you for showing us this but with pre may dealer samples you can keep after you give up your ffl/sot I was wonder that if you owned one got ride of your ffl/sot and then died years later would the guns be able to be transferred to say your kids even if they did not have a ffl/sot 

the posted regulation is one that allows for a successor for the existing term of the SOT - same is allowable for an FFL - it does not transfer registration to the successor but rather allows cleaning up after a business owner passes.  At the end of that term, if the successor wants to stay in business, a new license SOT is required.  SOT is brutal in that regard.  If you die May 31, your successor has 30 days of SOT time.  I may be misreading or missing something in your post, but I don't think FFL/SOT successorship solves your question as you were looking for inheritance potential?

Edited by The Lone Ranger
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  • 3 weeks later...

I have NEVER held any FFL other than a C+R lic, but have been in the MG trade since 1959 as a "user".  during that time I was involved DIRECTLY with several MG dealers maintaining inventory, repairs and such.  with "pre may MG's "  I was always told that when the lic expired the lic holder did in fact keep them if they wished. when the orig lic holder passed away, if the heir's wanted to retain them, they must apply and receive a lic, which they could allow to expire and the process started again.          IF you have to sell them when the lic expires , the ONLY DIFFERANCE in "PRE" and "POST" may sales samples is you don't need a law letter to buy and receive the "PRE MAY" guns    so whats all the hoopla about then?  NOW you can buy any "POSTIE" from a dealer going out of business without a letter.   I CANT BELEIVE OR ACCEPT THAT !   I am not saying that 179.42 is not correct as presented, but I don't know the date it went into effect etc. it could have very well been a result of the 68 gun control act etc. RULINGS by ATF also govern procedure and I believe the "keeper" status concerning "PRE MAY SAMPLES" is the result of a RULING so it would not be part of any of the statutes you are quoting.  

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8 hours ago, mike todd said:

I RECENTLY POSED THIS QUESTION TO A COUPLE OF LONG TIME NFA DEALERS. they both assured me that they can provide several examples of LONG PAST DEALERS that kept their  "pre may" samples and they are all listed as estate assets to heirs .

Where the heirs required to liquidate the guns after the estates were settled? Interested to know.

 

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