transfer question

[marrell1482]

Hi there when my father passed he left behind an aow (sbs) I was not willed the firearm there was no will. So it's technically my aunts (head of the estate). When I spoke with a "specialist" at the nfa she told me I had to do a form 4 and pay the two hundred dollar tax stamp. But when my father purchased it he got a five dollar tax stamp? So my question is why would she tell me two hundred if the stamp that's already with it is only five? Has it just went up that much since he purchased it in 2003? He was LE if that makes a difference. If I'm missing any critical information to get an accurate response please let me know! Thanks

 

[curraheeguns]

Hi there when my father passed he left behind an aow (sbs) I was not willed the firearm there was no will. So it's technically my aunts (head of the estate). When I spoke with a "specialist" at the nfa she told me I had to do a form 4 and pay the two hundred dollar tax stamp. But when my father purchased it he got a five dollar tax stamp? So my question is why would she tell me two hundred if the stamp that's already with it is only five? Has it just went up that much since he purchased it in 2003? He was LE if that makes a difference. If I'm missing any critical information to get an accurate response please let me know! Thanks

Because she just brain locked on the fact that it was an AOW, or you incorrectly described it as you did above. It isn't a SBS even if it is a "weapon that fires a shotshell". In the eyes of ATF it isn't a shotgun since it has never had a stock on it.

You should be able to transfer it from the estate to yourself for a $5 transfer tax on a Form 4.

 

[marrell1482]

Thank you sir! I in no way referred to it as a sbs with the nfa specialist. Got it all figured out though. As long as I get up in time before work tomorrow I'll be sending my paperwork out.

 

[wolfman]

Doesn't the Indiana shotgun barrel length law trump the ability to own a sbs or aow that is legal under the fed laws?

 

[ATM]

Just make sure the barrel length is long enough to be able to own it in Indiana. Shotguns have length rules in In that are different than the feds.

But it's not a shotgun, it's an AOW. Those length rules don't apply.

 

[marrell1482]

Barrel= 14"
Overall=23.75"
Hoping that's alright? Considering he had it previously it should be alright? When he passed the local police department took possession of the aow. I was told if I transferred the paperwork they'd give it back.

 

[marrell1482]

I was also wondering since it's not considered a sbs but an aow how do you refer to it? Asking friends I mean. Just an aow? Just curious

 

[ATM]

I was also wondering since it's not considered a sbs but an aow how do you refer to it? Asking friends I mean. Just an aow? Just curious

You can call it Cletus if you like, as long as you follow the NFA guidelines and register it with a $5 tax stamp.

By Federal definition, it's an AOW. By Indiana definition, it's a handgun.

If you put a stock on it, it would be an SBS, illegal in Indiana for some strange reason.

 

[curraheeguns]

By Federal definition, it's an AOW. By Indiana definition, it's a handgun.

Very important point. Per Indiana code you do need a LTCH to carry a Serbu and the like on your person except during one of the LTCH exempted times.

 

[marrell1482]

You can call it Cletus if you like, as long as you follow the NFA guidelines and register it with a $5 tax stamp.

By Federal definition, it's an AOW. By Indiana definition, it's a handgun.

If you put a stock on it, it would be an SBS, illegal in Indiana for some strange reason.

Haha I just might have to call it "Cletus" now. Thanks though that's what I was wondering what does Indiana call it if not sbs.

 

[marrell1482]

Very important point. Per Indiana code you do need a LTCH to carry a Serbu and the like on your person except during one of the LTCH exempted times.

Good thing I have my LTCH. Unfortunately I was eighteen when I got it and did not get the lifetime. Should be able to renew soon I believe

 

[jmemmert]

I would like to know why the PD took possesion of it upon his death.

 

[marrell1482]

I would like to know why the PD took possesion of it upon his death.

So would I sir so would I... and not give me a receipt for it at that.