Quote History Quoted:
Maybe the LE agency can, but I know that a FFL can't. Went through this with the ATF last year. Someone brought in a streetsweeper from an estate that was never registered. We asked the ATF whether we could still register the firearm as a DD even though it was after the grace period. ATF came back and said we can't register it and that the item will need to be destroyed.
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Quote History Quoted:
Maybe the LE agency can, but I know that a FFL can't. Went through this with the ATF last year. Someone brought in a streetsweeper from an estate that was never registered. We asked the ATF whether we could still register the firearm as a DD even though it was after the grace period. ATF came back and said we can't register it and that the item will need to be destroyed.
FFL can do it (as can anyone else)...
If there's no barrel (and cylinder with this model) then they don't possess a DD. The receiver by itself is not a DD; it's a Title I firearm.
So register it as a DD, engrave, and assemble (adding back the barrel + cylinder).
I'm not surprised ATF said that. They don't want us to have nice things.
If you want to buy one from somebody, and it wasn't registered... have them separate the barrel and cylinder, and ship those separately from the receiver. (Receiver ships to FFL for example). The other parts are just parts. That way you (and your FFL) are never in possession of an unregistered DD.
Also keep in mind the statute of limitations for unlawful NFA possession is 10 years counting from the moment the possession ended.
If the agency doesn't have it on a form 5, I would be interested to hear if the ATF will allow them to register it on a form 1.
Of course they will.
The agency wouldn't even have to disassemble it/them.
When it comes to government possession, NFA registration is merely a formality.
Technically it
shall not apply to state & local government organizations, although they're still supposed to register their NFA firearms so they may be entered into the NFRTR by ATF.
NFA firearms in the possession of, under the control of, or manufactured for contract delivery to the U.S. Government are not required to be registered at all.
The good news is that anyone receiving transfer of an NFA firearm from a government entity gets it tax-exempt on Form 5.