Simple,,,,,,,It has to be in the NFA registry(registered) to be legal for any one to possess or for it to be sold as part of the estate.
Registration papers should be with the gun if it is so registered. If the papers are not found, a search of the NFA registry by the BATF will show that if is (or not). If it is regsistered, a duplicate set of registration papers can be issued.
If the gun is not registered,,it is Contraband. Period.
It can not be registered at this time.
It cannot be made in to an 'Unserviceable' machinegun and kept as some kind of curio or keepsake.
Possession is a felony, plain and simple.
At one time weapons like this were imported and sold as 'DEWATS" (Deactivated War Trophys). They had their bbls plugged, breech welded shut or the breech face welded over. It satisfied the requirements of ownership of an unserviceable machinegun at the time.
No more.
Since 1968,, DEWATS must be registered the same as a live machinegun. The $200 tax fee was waived on them upon registration and during any transfer. That was all the difference.
Missing a bbl?,,That's just a piece of steel and no different than a bbl from a kids .22 single shot rifle. A gun part you can sell and send through the mail. An expensive and valuable part though.
There are a bunch of very valuable parts on these guns that carry no legal issues with them. They are just that,,parts.
But there are others, like the recv'r and some small parts that when possessed together are considered a 'machinegun' even though it's just a part or parts.
These must be registered as well,,and as above,,there is no path to doing that anymore.
The last time an amnesty to register any of this stuff was allowed was the month of Nov in 1968.
No sane gun dealer and certainly no one who cherishes their 09 or 10 class FFL would dare get involved with an unregistered full auto weapon.
If you can't produce the Fed registration for the weapon, then contact the BATF to see if it may be registered.
It may very well be. If it is, a dupl set of papers will come your way.
The gun will be taken for safe keeping till that fact is satisfied I would assume.
IF the gun IS NOT registered,,it will be confiscated and will not be coming back.
That's just the way it is.
You do NOT want to mess around with NFA and especially contraband full auto weapons.
From the BATF NFA Handbook;
'Section 3.3 Status of unregistered firearms
Firearms not lawfully registered as required by the NFA may not be registered and legitimized by their
possessors. They are contraband and unlawful to possess.49 However, see Section 2.4 for information
on removing NFA firearms from the scope of the NFA because of their status as collectors’ items,
modification, or elimination of certain component parts. '
Download full NFA Handbook here:
National Firearms Act Handbook | Bureau of Alcohol, Tobacco, Firearms and Explosives
Here's a link to a BATF NFA / informational letter concerning the transfer of an NFA weapon from an estate you might find helpful.
https://www.atf.gov/firearms/docs/t...earms-act-firearms-decedents-estates/download
Hope these help..Stay out of trouble!
