1. They put the firearm away. It doesn't go out, doesn't go to shoots, and nobody is told about the firearm or firearms' existence. This post on a public internet forum pretty much makes this one null and void.
2. They search through each sheet of paper, under every rock, behind every drawer (TWO sets of papers were found behind or under drawers in old dressers), etc. Remember that registration forms are tax papers. Many folks filed them with their old taxes, not with their gun stuff. So don't just dump your deceased relatives' ancient taxes! Search, search, SEARCH. Treat this like looking for a lost winning lottery ticket. In a way, it ISââ find papers and suddenly a weird questionable gun becomes very, very valuable.
3. The search continues. This search part is put in twice because my previous clients spent twice the time searching. They tore into that attic, the garage, and through every individual file in every file cabinet, in every sock and junk drawer... THEY SPENT GREAT TIME AND TOOK GREAT CARE.
One other point- while it's helpful to look for a strange "stamped" legal document, NOT EVERYTHING WAS STAMPED. Your relative may have papered that gun as a DEWAT, or "deactivated war trophy." Those transfer TAX FREE. No tax means no stamp. Or, if it was live, it could have been papered during the 1968 Amnesty. I don't believe that those 1968 amnesty forms had stamps either. Finally, the old stamp may have fallen off over time. So while it is helpful to "look for a form with a stamp," you and your well-meaning helpers could inadvertently toss the registration papers aside because they are unstamped. This is going to take TIME. My successful clients STOPPED, READ, AND ANALYZED EVERYTHING.
4. Okay, so no papers? And you've searched? REALLY searched? Like looking for a misplaced winning lottery ticket searched? The next step most people take is to contact a helpful SOT and/or a NFA-FRIENDLY attorney. Look, there are plenty of attorneys out there. Too many! You do NOT want to pick an attorney who just wants rid of the firearm or, worse yet, an anti-freedom anti-firearm attorney. A friendly SOT may be able to give recommendations. Or ask on firearms-friendly web boards. My clients had no need to tell the whole storyââ they just asked for a "gun friendly attorney - bonus for one who is into NFA/Class III or knows more about that." With any luck, you'll get to meet one who even has a few NFA items of their own! Any how, once you get to meet with the attorney or that friendly SOT (do NOT take the firearm to their office!), folks fully explain the situation. They ask that attorney or that friendly SOT to help contact ATF to determine if the firearm is papered. FAMILIES NEVER DO THE CONTACTING THEMSELVES.
The friendly SOT and/or attorney will call ATF's NFA Branch. They will give the firearm's make, model, type (MG, SBR, DD, etc.) AND COMPLETE SERIAL NUMBER. ATF will punch this into their computer. If it's registered, hooray! If not, there's a problem.
5. Assuming the firearm is NOT registered, wise families repeat steps #2 and #3. ATF lost plenty of registrations over the years. Should the family find the paperwork, they can prove that it's registered, fix the registry, and life is good. If there's still no paperwork (and the family really, REALLY put your heart and soul into #2 and #3), the firearm is contraband. Contraband can be donated to an acceptable museum or government entity. Some folks have been able to claim a tax write-off. If no one wants the firearm, most folks completely strip the receiver of all parts. The receiver is then either surrendered, torch-cut, or otherwise destroyed.
6. Families who find paperwork generally have to treat the firearm in accordance with any will. If someone is named in the will, that person gets that firearm tax-free on a Form 5. ATF bends over backwards to help estates with the disposition of legally papered firearms. No, seriously! It's in their (ATF's) best interests to do this to keep the firearm from ending up at a yard sale or sold randomly at a gun show. That said, most families find it in their best interests to keep that SOT handy to assist with the sale, the necessary paperwork, etc. And if nobody is named in a will, the firearm will transfer on a tax-paid Form 4 or, if a DEWAT, on a tax-free Form 5.
2. They search through each sheet of paper, under every rock, behind every drawer (TWO sets of papers were found behind or under drawers in old dressers), etc. Remember that registration forms are tax papers. Many folks filed them with their old taxes, not with their gun stuff. So don't just dump your deceased relatives' ancient taxes! Search, search, SEARCH. Treat this like looking for a lost winning lottery ticket. In a way, it ISââ find papers and suddenly a weird questionable gun becomes very, very valuable.
3. The search continues. This search part is put in twice because my previous clients spent twice the time searching. They tore into that attic, the garage, and through every individual file in every file cabinet, in every sock and junk drawer... THEY SPENT GREAT TIME AND TOOK GREAT CARE.
One other point- while it's helpful to look for a strange "stamped" legal document, NOT EVERYTHING WAS STAMPED. Your relative may have papered that gun as a DEWAT, or "deactivated war trophy." Those transfer TAX FREE. No tax means no stamp. Or, if it was live, it could have been papered during the 1968 Amnesty. I don't believe that those 1968 amnesty forms had stamps either. Finally, the old stamp may have fallen off over time. So while it is helpful to "look for a form with a stamp," you and your well-meaning helpers could inadvertently toss the registration papers aside because they are unstamped. This is going to take TIME. My successful clients STOPPED, READ, AND ANALYZED EVERYTHING.
4. Okay, so no papers? And you've searched? REALLY searched? Like looking for a misplaced winning lottery ticket searched? The next step most people take is to contact a helpful SOT and/or a NFA-FRIENDLY attorney. Look, there are plenty of attorneys out there. Too many! You do NOT want to pick an attorney who just wants rid of the firearm or, worse yet, an anti-freedom anti-firearm attorney. A friendly SOT may be able to give recommendations. Or ask on firearms-friendly web boards. My clients had no need to tell the whole storyââ they just asked for a "gun friendly attorney - bonus for one who is into NFA/Class III or knows more about that." With any luck, you'll get to meet one who even has a few NFA items of their own! Any how, once you get to meet with the attorney or that friendly SOT (do NOT take the firearm to their office!), folks fully explain the situation. They ask that attorney or that friendly SOT to help contact ATF to determine if the firearm is papered. FAMILIES NEVER DO THE CONTACTING THEMSELVES.
The friendly SOT and/or attorney will call ATF's NFA Branch. They will give the firearm's make, model, type (MG, SBR, DD, etc.) AND COMPLETE SERIAL NUMBER. ATF will punch this into their computer. If it's registered, hooray! If not, there's a problem.
5. Assuming the firearm is NOT registered, wise families repeat steps #2 and #3. ATF lost plenty of registrations over the years. Should the family find the paperwork, they can prove that it's registered, fix the registry, and life is good. If there's still no paperwork (and the family really, REALLY put your heart and soul into #2 and #3), the firearm is contraband. Contraband can be donated to an acceptable museum or government entity. Some folks have been able to claim a tax write-off. If no one wants the firearm, most folks completely strip the receiver of all parts. The receiver is then either surrendered, torch-cut, or otherwise destroyed.
6. Families who find paperwork generally have to treat the firearm in accordance with any will. If someone is named in the will, that person gets that firearm tax-free on a Form 5. ATF bends over backwards to help estates with the disposition of legally papered firearms. No, seriously! It's in their (ATF's) best interests to do this to keep the firearm from ending up at a yard sale or sold randomly at a gun show. That said, most families find it in their best interests to keep that SOT handy to assist with the sale, the necessary paperwork, etc. And if nobody is named in a will, the firearm will transfer on a tax-paid Form 4 or, if a DEWAT, on a tax-free Form 5.
