Question about NFA Title II "All other weapons"

[Curzyk]

I know of someone who has a firearm that I read counts as a NFA Title II "all other weapons". Due to their lack of knowledge of firearms, especially NFA, I am certain that they do not have the requisite approval or tax stamp. Additionally supporting this theory is that they only came into possession because it was left behind when a former friend/roommate of theirs passed away and left them the home. They know I am sorta into guns, and have offered it to me as a gift, but I dare not accept if I cannot do it legally.

Is there any way to remedy the situation and get it legal? For instance, can it be handed over to a licensed dealer until the paperwork is done?

[Brian D.]

Not even sure a dealer who vends Title 2 / Class 3 firearms could take possession under those circumstances. BATFE used to offer amnesty periods for turn in without question but haven't done so since maybe the late 1980's. Go have a hypothetical conversation with a Class 3 dealer about it though, if anybody knows they will.

[pirateguy191]

I know of someone who has a firearm that I read counts as a NFA Title II "all other weapons". Due to their lack of knowledge of firearms, especially NFA, I am certain that they do not have the requisite approval or tax stamp. Additionally supporting this theory is that they only came into possession because it was left behind when a former friend/roommate of theirs passed away and left them the home. They know I am sorta into guns, and have offered it to me as a gift, but I dare not accept if I cannot do it legally.

Is there any way to remedy the situation and get it legal? For instance, can it be handed over to a licensed dealer until the paperwork is done?

I'll take care of it.

[TJW815]

I have run into the same predicament with a title 3 weapon (automatIc rifle). I was never able to find a solution other than having it cut into pieces. As such I was never able to take possession.

[djthomas]

With a Title II weapon there's no giving it to the dealer while waiting for the paperwork. The dealer must get ATF permission to acquire the item from the person who currently holds it. If the item isn't already registered with the ATF they won't allow the dealer to take possession.* Then of course they'll start asking questions. It's too late to register the item on a Form 1 (application to make a firearm) so that's out. Others mentioned amnesties ... I don't think there have been any other than the one in November/December of 1968.

In all honesty the best option would probably be to start queuing for the next gun buy back offering some token item of value. Bypass the loonies who set up shop across the street offering top dollar for your item - they can't help you this time

* In practice this will never happen because every NFA dealer I know will want to see the seller's paperwork before even starting the transfer process.

[Brian D.]

Others mentioned amnesties ... I don't think there have been any other than the one in November/December of 1968.

I think there was an amnesty for the drum magazine fed semi auto shotguns such as the Street Sweeper, back in the mid to late 1980's. Had it on pretty good authority (ATF supervisor who shot pistol matches with us) that their field offices were accepting anything else along those lines, including Class 3 stuff without penalty.

[dan dan the XD40 man]

Could the item possibly be reverted back to non-nfa status? Feel free to PM me, Im curious now

[Curzyk]

Thank you everyone for the information. It sounds like I will have to recommend they take it to a gun buy back.

Could the item possibly be reverted back to non-nfa status? Feel free to PM me, Im curious now

Afraid not.. From the photos I saw, it is a Harrington & Richardson "HANDY GUN No. 128" single shot smooth bore 28 gauge break-action pistol. The serial number puts it toward the very end of production, right around 1934. It is a shame to know that it will get destroyed.

[marca]

What gun? I don't know what you are talking about.

[dan dan the XD40 man]

T
Afraid not.. From the photos I saw, it is a Harrington & Richardson "HANDY GUN No. 128" single shot smooth bore 28 gauge break-action pistol. The serial number puts it toward the very end of production, right around 1934. It is a shame to know that it will get destroyed.

https://www.atf.gov/firearms/firearms-g ... -handy-gun" onclick="window.open(this.href);return false;

I wonder what the chances are that it is actually registered but the previous/current owner has misplaced the paperwork? Im not even sure how to go about finding that out.

[TJW815]

T
Afraid not.. From the photos I saw, it is a Harrington & Richardson "HANDY GUN No. 128" single shot smooth bore 28 gauge break-action pistol. The serial number puts it toward the very end of production, right around 1934. It is a shame to know that it will get destroyed.

https://www.atf.gov/firearms/firearms-g ... -handy-gun" onclick="window.open(this.href);return false;

I wonder what the chances are that it is actually registered but the previous/current owner has misplaced the paperwork? Im not even sure how to go about finding that out.

In this hypothetical situation, once you start asking questions and poking the bear, bad things would inevitably happen..

[Brian D.]

T
Afraid not.. From the photos I saw, it is a Harrington & Richardson "HANDY GUN No. 128" single shot smooth bore 28 gauge break-action pistol. The serial number puts it toward the very end of production, right around 1934. It is a shame to know that it will get destroyed.

https://www.atf.gov/firearms/firearms-g ... -handy-gun" onclick="window.open(this.href);return false;

I wonder what the chances are that it is actually registered but the previous/current owner has misplaced the paperwork? Im not even sure how to go about finding that out.

Short of having a close, trusted friend working for BATFE in a higher-up capacity, (able to look up records without answering to bosses) I don't think that would be a good direction to take.

[Cruiser]

Thank you everyone for the information. It sounds like I will have to recommend they take it to a gun buy back.

Could the item possibly be reverted back to non-nfa status? Feel free to PM me, Im curious now

Afraid not.. From the photos I saw, it is a Harrington & Richardson "HANDY GUN No. 128" single shot smooth bore 28 gauge break-action pistol. The serial number puts it toward the very end of production, right around 1934. It is a shame to know that it will get destroyed.

http://www.fourten.org.uk/mwhandygun.html" onclick="window.open(this.href);return false;

The Harrington and Richardson Company of Worcester, Massachusetts, USA, (H&R) made approximately 54,000 Handy-Guns from 1921 until the National Firearms Act of 1934 (NFA) outlawed shotguns with barrels less that 18 inches long and an over all length of 26 inches.

[AlanM]

I suggest that someone contact the NRA museum, or another firearms museum, and see if they can, somehow either take it or supply some advice as what to do with a collector's item such as that.

[docpadds]

If you need to check NFA registration you use a lawyer to do it for you. Attorney Client privilege blocks the ATF finding out who you are.