Legal Question - Hypothetical Situation

[BearNaked]

This is just a situation I was told about and didn't know the answer too.

This guy received all of the guns through a will from someone that died in his family. One of them was a real M16 or so he believes. I am assuming it has the 3 round burst (i dont have much knowledge of these so just going off of memory) but it also could be semi-auto replica since I haven't seen it and they don't know much about it. They don't know the back story on it so they don't know if this was registered or something brought back from deployment or who knows. Legally speaking, stay hidden or could they register it? I would assume if they ran the serial # on it and it is what he believes it is, he might be getting a visit from the govt or LEO.

 

[...]

cant be registered......best to keep believing its a "semi" and not talk about it much.

 

[j-huskey]

If it was willed, and listed in a will, drawn up by a proper attorney, somebody will know a. If its nfa and b. Where the paperwork is.
And it's a tax free transfer.

 

[EDELWEISS]

Orrrrr? It could have a TacCon trigger or one of the binary triggers. There’s no way to know without seeing it.

What makes them think it’s full auto? I’d be really surprised if it was a bring back. The military is kinda funny about loosing guns. Heck CID used to have agents running cases on missing gas masks.

Was it actually listed by make model serial number in an actual will filed with the court?

Waaaay too much unknown here. If it is an unregistered machine gun he does NOT want it-trust me.

 

[flyer]

I suggest that it be "lost".

 

[MtnCreek]

While they're trying to figure it out, hope they don't do something stupid, like turn it over to LE.

 

[Jefe's Dope]

Will the selector rotate to the full auto position? There's a ton of lowers w/ full auto markings. That's completely legal. It's the trigger inside that makes it work or not work full auto.

 

[diverdon]

If this person is close to you then consider a PM to BM TexasGuntrustlawyer He has helped a lot of people with their trusts.

 

[Sled]

If it were me, and the gun had been legally owned and was willed to me, I absolutely would have it transferred into my name legally rather than risk a 20 year sentence for being caught with it later. It can be transferred with no problem, you just have to fill out the paperwork.

 

[BearNaked]

There is too much unknown and my first words were, your friend telling you is already too many people that know if it is what he thinks it is.

I will ask a few more questions and get back to ya. I told him to call a gun trust lawyer as well. thanks for that.

 

[Renegade]

Determine if it is a MG or not (post pix if you want), then get back to us.

 

[MtnCreek]

I wouldn't post pics of what could possibly be an unregistered mg. I also wouldn't take possession of it to confirm. Easy enough to see if it's drilled for an auto-sear or has a dias or link by opening it up.

 

[footsteps]

Attorney with firearms knowledge, trusts maybe NRA Lawyer in his/ your state. Legal is the only way to go good luck

 

[BearNaked]

I wouldn't post pics of what could possibly be an unregistered mg. I also wouldn't take possession of it to confirm. Easy enough to see if it's drilled for an auto-sear or has a dias or link by opening it up.

I am not getting anywhere near it. for all I actually know about this, the guy was gifted a legal replica or he is an idiot and thinks all AR style rifles are M16's.

I showed him where to look and what to look for. we will see what he says.

 

[Numb_Skull]

Lol, and none of you would surrender your firearms if made illegal overnight. Put it in the basement and save it for a rainy day.

 

[Switchblade]

I think everyone who posted here needs this shirt:

 

[hollowoutadime]

Curiosity. If it is in fact a MG and he doesn't find papers, is there a way to see if it was registered? I know the BATFE can lose their copies of tax stamps. (and that's a likely no-win), but is there a MFG/serial # database out there?

 

[Steel+Killer]

Fuck uncle Sam go out and discreetly shoot the shit out of it and have fun with it. Unless you're a total idiot or moron you will never get caught with it. I'm not sure what shall not be infringed people have such a hard time understanding.

 

[Rocketvapor]

The big question is when the Texas Rangers track YOU down,
"will you flip on your 'Friend' when they bust down your door thinking it was you
"just asking for a friend"

I'd stop posting about it you "Better Call Saul"

 

[hollowoutadime]

Fuck uncle Sam go out and discreetly shoot the shit out of it and have fun with it. Unless you're a total idiot or moron you will never get caught with it. I'm not sure what shall not be infringed people have such a hard time understanding.

Nope. You're going to dump that girlfriend. Then she's do something stupid and use your ownership to get a reduction in sentence.

 

[Rocketvapor]

I like the
"Tell them it's lost" (like in a boating accident)
So they don't rip your your friends house apart looking for it.

Maybe your friend lives in a county that the local LEOs won't help the feds take a gun from someone.

I say we keep this thread going until we see a picture of said hypothetical M16.
I think the saying goes pics or it ain't so

 

[Steel+Killer]

Nope. You're going to dump that girlfriend. Then she's do something stupid and use your ownership to get a reduction in sentence.

Who the hell ever said anything about letting her know anything about it that's another AR-15 in the gun safe for all she knows. Now as far as your wife is concerned if you can't tell her then you should not have married her in the first place.

 

[Mwalex]

I would call Texas or US Law Shield and run the hypothetical by them.

 

[Rocketvapor]

Who the hell ever said anything about letting her know anything about it that's another AR-15 in the gun safe for all she knows. Now as far as your wife is concerned if you can't tell her then you should not have married her in the first place.

If it was me I sure wouldn't tell my retired Marine Wife about it.
We take turns buying guns. The only way to keep from going broke is to hold onto my turn for as long as I can.
She'd be out on Craig's List asking for one for herself.

and to clarify, an upper is NOT a gun.

 

[BearNaked]

The big question is when the Texas Rangers track YOU down,
"will you flip on your 'Friend' when they bust down your door thinking it was you
"just asking for a friend"

I'd stop posting about it you "Better Call Saul"

As stated, hypothetical. don't know the guy, just heard something about it. question me all you want, I have literally stated everything I know and that is it. I am not worried about it. I don't own, in possession of, or know locations of any MG's legally or illegally.

 

[BearNaked]

I would call Texas or US Law Shield and run the hypothetical by them.

I would but it takes them about a week to get back to you. honestly, posting here is so much funnier. Here we are talking about a hypothetical situation and somehow we got on a rant about whether or not your GF/wife knows/should know if you even own an AR15. now its turning into marital advice and im interested to see where this goes.

 

[BearNaked]

I like the
"Tell them it's lost" (like in a boating accident)
So they don't rip your your friends house apart looking for it.

Maybe your friend lives in a county that the local LEOs won't help the feds take a gun from someone.

I say we keep this thread going until we see a picture of said hypothetical M16.
I think the saying goes pics or it ain't so

I don't have a picture of it since right now its just some guy saying he has an M16 style gun that "MIGHT" "MAYBE" be something special about it.

Honestly, I like my freedoms so ill just stick to a hypothetical situation of a passer by that I over heard.

 

[Rocketvapor]

You think it's drifting off track now, wait


OK, who gave me the LOVE emogie?

 

[MtnCreek]

Cut up unregistered mg and dispose of or girlfriend. I know what I'd do.

 

[BearNaked]

Cut up unregistered mg and dispose of or girlfriend. I know what I'd do.

don't cut up your girlfriend.

 

[Rocketvapor]

I like the 'overheard conversation' scenario.
"I've got this snapchat friend that says he got an M16 for free"

 

[hollowoutadime]

This thread caused me to look up the cost of a transferrable 1928 Thompson. Looks like around 18K and up/up

 

[Mwalex]

I would but it takes them about a week to get back to you. honestly, posting here is so much funnier. Here we are talking about a hypothetical situation and somehow we got on a rant about whether or not your GF/wife knows/should know if you even own an AR15. now its turning into marital advice and im interested to see where this goes.

A week? I just wait on hold when I call and get an answer then. Are you a member of either group?

 

[diverdon]

Fuck uncle Sam go out and discreetly shoot the shit out of it and have fun with it. Unless you're a total idiot or moron you will never get caught with it. I'm not sure what shall not be infringed people have such a hard time understanding.

The part where your life is better when you are not in jail.

 

[DuneBoer]

#1 Determine if its an NFA Weapon.
#2 If it ain't party on.
#3 If it is call ATF and tell them the situation. It may be registered and just have lost paperwork. Happens all the time.
#4 If ATF says its registered, transfer it into the fellas name. ATF Form 3 I believe.
#5 If ATF says its NOT registered, Call the Sheriff and tell them the situation. Surrender to the sheriff. But 1st gut the lower and remove the upper and keep all those goodies.

This just happened to a a friend of mine about 6 months ago. His sisters husband died and he had a Auto Ord Thompson and a M2 carbine. the Thompson was a registered NFA gun. The M2 was not. The sheriff got the M2 and the wife is selling the Thompson. 10 years prison 100,000 fine just ain't worth it.

 

[Dirty D]

I think everyone who posted here needs this shirt:
View attachment 7057464

The crayons are a nice touch

 

[hermosabeach]

this video is your exact topic

 

[Blue Sky Country]

Don't. Invite. The. Man. Into. Your. Life.

 

[acudaowner]

still think your best bet if you want to keep it is to keep quiet about it if you typing on your pc start stating you have this or that and someone you do not want to find out learns you have something like that you are surely going to loose it like finding a big bag of cash you don't talk about it enjoy quietly .

 

[armorpl8chikn]

All the advice in this entire thread ain't worth a hoot in hell now.
The fact that this thread exists, says the gig is up.
Whoever has the gun at this point needs to turn it in for evaluation. Too many people know about it, obviously.
Two people can keep a secret, if one of them is dead.

 

[Renegade]

I wouldn't post pics of what could possibly be an unregistered mg.

LOL. This is what a factory M16 looks like:

This is what a semi-auto looks like with DIAS:

OP can get back to us on which one it is.

 

[Sean the Nailer]

LOL. This is what a factory M16 looks like:

This is what a semi-auto looks like with DIAS:

OP can get back to us on which one it is.

No pic's showing up here, FWIW.

 

[Jefe's Dope]

Once again, you can, and people do, purchase a lower with full auto markings for the selector. A quick Google search also reveals that in addition to the markings for the selector, there's an additional marking that designates 'full auto sear'. This is what separates the real full autos from the wannabes. The linked article is about non full auto AR15 builds made to look exactly like a full auto for historical reality I suppose.

It's NOT the selector marking that matters, it's the auto sear designation/marking that would likely be important in this particular case. If someone would just function test the rifle and/or remove the upper from the lower and take pictures, this could solved and the next appropriate step can be taken instead of bunch of gagling hens gossiping about it. Now I eggs to attend to and have no time for this nonsense. ?

ATF Cracks Down on Retro Builders using 80% Receivers | WeaponsMan

Not full auto but with the markings for the selector.

 

[Jefe's Dope]

 

[Rocketvapor]

still think your best bet if you want to keep it is to keep quiet about it if you typing on your pc start stating you have this or that and someone you do not want to find out learns you have something like that you are surely going to loose it like finding a big bag of cash you don't talk about it enjoy quietly .

Typing on a phone is hell

 

[deersniper]

MGs are over rated


But yeah stfu about it.

I would definitely turn a mg I found into .gov. Keeping it would be. Illegal.

 

[Nik H]

Send it to me for proper ID and proper disposition so you don't get in Dutch with the Feds

 

[Rocketvapor]

Send it to me for proper ID and proper disposition so you don't get in Dutch with the Feds

You be cell buddies

 

[Nik H]

You be cell buddies

Not at all...I will dispose of it properly if real

 

[Steel+Killer]

Not at all...I will dispose of it properly if real

Let me guess the disposal facility is just across the lake a short boat ride away?........LOL