Can you make this garage sale suppressor work?

T

TXAZ

New member
You’re at a garage / estate sale where several guns are for sale (Texas, no state FFL requirements).
The widow / owner indicates there is more “gun stuff” she doesn’t know much about in another room: Jackpot: everything from ammo to reloading gear and several suppressors.
All at a seriously low price and in excellent shape.

How could you buy the whole lot / suppressors and stay out of Club Fed?
 
4

44 AMP

Staff
First, you find out the legal status of the items. If the deceased owned them legally, his estate can transfer them to another party legally, via the established ATF procedure. If they aren't "properly papered" give them a pass and advise the widow to have the executor surrender them to the proper authorities.

If they are legal, explain the process to the widow, that transfer will have to wait on ATF approval and start the paperwork. Pay her up front for the rest of the gun stuff, and explain you'll pay her for the suppressors when the legal approval for transfer comes through, which could be months, or longer.

make a fair offer, don't try to rip her off. IF you aren't fair, its quite possible someone will tell her how you're cheating her while waiting for ATF approval, and she could well cancel the sale. I would.

I'm not a lawyer this is just my best guess. For actual legal advice contact an actual lawyer and pay for their services.
 
S

Spats McGee

Administrator
44 AMP said:
....I'm not a lawyer this is just my best guess. For actual legal advice contact an actual lawyer and pay for their services.
Click to expand...
I am a lawyer, and you've made an excellent guess.

The one thing I might add is that it might be handy to have a lawyer deal with the surrender. (Now, I understand that my saying "you need a lawyer" is a little like a house painter telling you that you need your house painted. We're advising you to get someone to help you with something in the field in which we make our living...) With that said, an attorney can call the BATFE and say "I have a client who is in possession of illegal suppressors and my client would like to surrender them for destruction. What do we need to do to make this work? .... No, I won't tell you my client's name." The executor may or may not have legally-recognized privilege.
 
F

FrankenMauser

New member
Short version:
If legal, the standard transfer process can take place. -- But YOU cannot take possession until the tax stamp comes back. They have to stay with the registered owner (or trust).
How that process unfolds depends upon whom the NFA items are registered to.

If not legal, the ATF should be contacted for disposal.

Additional information about the items can, and probably will muddy the waters and add additional steps / complications. (Such as possibly needing the widow or executor to contact the ATF for inheritance transfers.)
 
4

44 AMP

Staff
This video is about found machineguns but it applies to suppressors as well as they are registered the exact same way.

There is one significant difference between machineguns and suppressor registration. New, or newly "found" machineguns CANNOT be added to the legal civilian registry. New, or "found" suppressors can be.

As of May 19, 1986 no new or newly discovered machineguns can be added to the civilian registry. As far as I know, there are no exceptions.
 
G

GE-Minigun

New member
They will transfer to her or immediate relative (son, daughter, wife) as noted in the will first, then it can be transferred to you. First transfer will be tax free Form 5. From my understanding the first transfer happens pretty quick…couple weeks at most.
 
S

spacemanspiff

New member
I have often had dreams of finding a jackpot of a garage sale that has several unfired, pre-64 model 70s that are being sold by a very anti-gun widower that doesn't want to bother with knowing what they are worth, she just wants those icky disgusting guns her husband never bothered to ask her permission before buying them to just be gone! :p
 
4

44 AMP

Staff
I have often had dreams of finding a jackpot of a garage sale...
Click to expand...

Friend of mine did, at a yard sale. Next to semi auto .22 that was $100 was "old army rifle, $40".

He snapped it up.

1903 Springfield in as issued configuration, VG to Exe condition.

I offered him $50...but noooooo :D
 
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