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My Uncle Has A Full Auto AK-47 From the 80’s, But No Class 3 License

Posted on 11/10/20 at 6:58 pm
Posted by auwaterfowler
Alabama
Member since Jan 2020
1955 posts
Posted on 11/10/20 at 6:58 pm
He is in poor health and not expected to live much longer. He wants me (and ultimately my son) to have the gun when he passes. Neither my son nor I have a Class 3, so is there any way we can ever legally own that gun? I honestly have no idea if it was originally full auto, or if it was altered to become full auto.
This post was edited on 11/10/20 at 6:59 pm
Posted by jlovel7
Louisiana
Member since Aug 2014
21323 posts
Posted on 11/10/20 at 7:00 pm to
Sounds like he just lost it in a boating accident on his last fishing trip so he could get out there just one more time.
Posted by CP3
Baton Rouge
Member since Sep 2009
7406 posts
Posted on 11/10/20 at 7:01 pm to
If it is pre 1986, I believe as long as you can legally posses a firearm you can have it. Pretty sure you have to go through ATF/NFA though (set up trust/file as individual, pay $200 tax stamp)

That’s just what I seem to remember. Would definitely consult someone with more knowledge of the law first though
This post was edited on 11/10/20 at 7:13 pm
Posted by kengel2
Team Gun
Member since Mar 2004
30807 posts
Posted on 11/10/20 at 7:15 pm to
You might want to figure out what you got.

First step is deleting everything you just wrote.

Second step is find a firearms friendly lawyer.
Posted by CP3
Baton Rouge
Member since Sep 2009
7406 posts
Posted on 11/10/20 at 7:16 pm to
He just forgot to say “hypothetically” before his post that’s all.
Posted by wryder1
Birmingham
Member since Feb 2008
4179 posts
Posted on 11/10/20 at 7:21 pm to
You aren’t that smart posting that stuff on a public forum.
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57002 posts
Posted on 11/10/20 at 7:25 pm to
ETA

This is of major concern. I’d figure this out first somehow.

If not modified I’d talk to a class 3 dealer on transfer process. I’d have to guess it’s got to go through a dealer of he doesn’t have any documentation
This post was edited on 11/10/20 at 7:31 pm
Posted by wickowick
Head of Island
Member since Dec 2006
45814 posts
Posted on 11/10/20 at 7:29 pm to
Delete everything you wrote before people start quoting you
Posted by DownSouthJukin
Coaching Changes Board
Member since Jan 2014
27283 posts
Posted on 11/10/20 at 7:42 pm to


This post was edited on 11/10/20 at 7:45 pm
Posted by fillmoregandt
OTM
Member since Nov 2009
14368 posts
Posted on 11/10/20 at 7:48 pm to
“My uncle was a coke dealer in the 80s and has millions of dollars in a trunk under his bed. After he passes, can I have that trunk full of cash, or should I report it to the IRS so it can be properly taxed”
Posted by ChatRabbit77
Baton Rouge
Member since May 2013
5861 posts
Posted on 11/10/20 at 7:55 pm to
If it were me in that situation, I wouldn't tell a soul and find a good hiding spot for it.
Posted by biglego
Ask your mom where I been
Member since Nov 2007
76353 posts
Posted on 11/10/20 at 8:06 pm to
I don’t know the answer, but I know I’d take that gun.
Posted by 03GeeTee
Oklahomastan
Member since Oct 2010
3371 posts
Posted on 11/10/20 at 8:11 pm to
If it was never registered with the NFA and there’s no tax stamp paperwork then there is no way for you to legally own it. The best thing you could do in that situation is have it demilled (cut up the full auto receiver) and then have the parts rebuilt on a new semi auto receiver.

If it was registered in the NFA back in the 80s then you can file a form 4 with the ATF, pay a $200 tax stamp and the machinegun will be legally transferred to you.
Posted by 03GeeTee
Oklahomastan
Member since Oct 2010
3371 posts
Posted on 11/10/20 at 8:14 pm to
Also are you 100% sure that it is actually full auto? I’m not trying to insult your intelligence, I’ve just heard plenty of stories from acquaintances in the past like “yea my buddy has a full auto Ak-47 machinegun!” But in actuality it’s just a regular semi auto AKM that they may have bump fired a few times.
Posted by brightside878
Baton Rouge
Member since Sep 2009
1563 posts
Posted on 11/10/20 at 8:20 pm to
quote:

it were me in that situation, I wouldn't tell a soul and find a good hiding spot for it.


And enjoy shooting the shite out of it from time to time in an isolated area
Posted by White Bear
Yonnygo
Member since Jul 2014
13905 posts
Posted on 11/10/20 at 9:35 pm to
That would be so awesome. Get it and don’t tell anyone about it.
Posted by CheEngineer
Louisiana
Member since Aug 2019
4234 posts
Posted on 11/10/20 at 10:04 pm to
quote:

Get it and don’t tell anyone about it.

Posted by highcotton2
Alabama
Member since Feb 2010
9416 posts
Posted on 11/10/20 at 10:08 pm to
quote:

is there any way we can ever legally own that gun?


No
Posted by armsdealer
Member since Feb 2016
11510 posts
Posted on 11/11/20 at 12:18 am to
IF it is a legal machine gun it is worth a lot of money.

IF it is a legal machine gun you can own it no problem.

IF it is a legal machine gun your uncle went through a lot of trouble in the 80's to make it a legal machine gun and should have some idea of what to do to transfer it.

Believe it or not, a Machine gun in the 80's wasn't much more expensive than a quality semi auto version of a gun, if there was a price difference at all. I could kick my dad and uncles asses for not buying guns in the 70's and 80's.
Posted by wickowick
Head of Island
Member since Dec 2006
45814 posts
Posted on 11/11/20 at 6:52 am to
It is my understanding that in many cases like this the ATF will allow the gun to be added to the registry, the problem, if you approach them and they say no, then the gun is gone.

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