Can I sell this gun or not? Any ideas? PHOTO added Post 21

showmofffarm1

showmofffarm1

NES Member
Joined
Jan 20, 2013
Messages
1,096
Likes
392
Location
Western MA
Feedback: 17 / 0 / 0
I was given a Winchester Model 1897 12-gauge trench gun, manufactured in 1902, from my grandfather's estate. My aunt, the executor, gifted it to me. There is no paperwork on this piece other than the "bill of sale" from my aunt. Can I sell this or am I the owner indefinitely? Any advice would be highly appreciated!
 
Last edited:
No we didn't. He passed away many years ago and we have no information on FID #'s or anything like that.
ok, so I just did a quick search and it appears that my aunt would have to do a search for his FID # so it could be transfered over to me. Alrighty then.... Case closed [grin]
 
Last edited:
MA_Shooter is correct. Have your Aunt turn it in as a surrender without an FID and then FFL can transfer to you. Nice gun, what do you think you will be asking for it?
 
Because your uncle didn't have an FID or LTC, you need to go through a dealer. If you go to the eFA 10 inheritance page the first thing that they ask is for the decedents LTC or FID number, name, and date of birth.

An FFL would be able to transfer the shot gun in from your aunt and then out to you. She'd have to go with you, but other than that, it's pretty straightforward. Or, if you don't want the gun and have a buyer, the FFL could do the transfer to the new owner.

At least that is my understanding of the law.
 
OK, so if I get a buyer I can go to an FFL with the buyer and the bill of sale and have it transfered? Or do I still need to have my aunt go to the FFL for the transfer to the buyer? If y'all knew my aunt you would understand why I don't want to involve her anymore (she's a couple smokes short of a full pack but I love her)
 
Finalygotabeltfed said:
View attachment 98884
Click to expand...

So true!

- - - Updated - - -

She has to go. She can't transfer the gun to you because she's not licensed. Which is why you need a dealer, otherwise it would be a simple FTF.

showmofffarm1 said:
OK, so if I get a buyer I can go to an FFL with the buyer and the bill of sale and have it transfered? Or do I still need to have my aunt go to the FFL for the transfer to the buyer? If y'all knew my aunt you would understand why I don't want to involve her anymore (she's a couple smokes short of a full pack but I love her)
Click to expand...
 
Be sure that you are in posession and don't let her do any handling.

-Proud to be dad every day, a licensed plumber most days, and wish I was a shoemaker on others.
 
OP:

First, from the tone of the question, it sounds like you want to unload the piece, as opposed to keep it for yourself, with the option to sell it at a future time.

Second, if you do want to sell it, and it's a real '97 Trench gun (with the barrel shroud, bayo lug and arsenal markings) it could be worth quite a bit. It might be an after-the-fact conversion (or fake)...but it od still be cool. Have it checked out before you do anything irrevocable.

[pics]
 
PIf your aunt was executive of the estate she has some rights to "give" you the property. That said all of my dads and brothers guns where released to my possession. I took the paper work ie death certs, estate papers ect ect to
ffl. Where they then where transferred to me.
Executor of estate has some legal standing with firearms as far as wills and trusts.
I forget the details but I believe executor was told had 180 days to get licensed or have axlawfully licensed person in mass store guns or transport for them.

I'm still stumped why you want to dump this gun. Its a great gun to have. I would look deeply into its value.
In the end take your aunt out for a drive to the a FFL and then bri gg her to lunch or dinner after.
 
Last edited:
Someone correct me if I am wrong, but in regards to this, unless the gun was specifically named in the will to go to him, the gun goes to the Aunt.

If I have that first part correct, the next part becomes relevant:

If the Aunt wants to transfer it to him, she will need to go to an FFL to properly give it to him. He cant do an eFA10 with it. SO, before he can sell it, he should get it in his name, or I suppose have her sell it to someone through an FFL. What you see is that you will either need an FFL for her to sell it to someone else, or to properly transfer it to you.....
 
The aunt was named executor of estate. This is different than if she was just named in the will and received property. Executor has the authority to dispears property specifically not named in a will. If that shotgun was willed to your cousin Joe your aunt cant just "give " to with out Joe having a say.
Your easiest solution is take possession of shotgun and a drive to ffl with aunt with any info you have. Ie paper work for executor.
 
Thanks everyone! I'll get my aunt to go with me to our local FFL and get this taken care of. Not quite sure what I'm going to do with it yet - it's pretty "sticky" from sitting in a closet for the last 50+ years and the trigger doesn't appear to work. The wood and the rest of it are in pretty decent shape. I'll post some photos shortly.
 
It's not a "Trench" gun, as it does not have the barrel shroud - It's possibly a "Riot" gun, or just a '97, if it's close to the one in the picture.

Some are cooler than others, such as the take-down type, but it's a piece of family history. Clean it, but don't "restore" it.
 
MisterHappy said:
It's not a "Trench" gun, as it does not have the barrel shroud - It's possibly a "Riot" gun, or just a '97, if it's close to the one in the picture.

Some are cooler than others, such as the take-down type, but it's a piece of family history. Clean it, but don't "restore" it.
Click to expand...

Thank you for the clarification. We are not restoring it, just cleaning it as it's a mess!
 
Ask Len about it. I may be wrong but I heard that the E-FA10 lets you continue to fill in the form even without the FID info of the previous owner.
 
WOW, where to begin. SO much illegal info in this thread that it isn't funny!


showmofffarm1 said:
OK, so if I get a buyer I can go to an FFL with the buyer and the bill of sale and have it transfered? Or do I still need to have my aunt go to the FFL for the transfer to the buyer? If y'all knew my aunt you would understand why I don't want to involve her anymore (she's a couple smokes short of a full pack but I love her)
Click to expand...

It was never transferred to you LEGALLY in the first place! Read on.


bostonasphalt2 said:
Someone correct me if I am wrong, but in regards to this, unless the gun was specifically named in the will to go to him, the gun goes to the Aunt.

If I have that first part correct, the next part becomes relevant:

If the Aunt wants to transfer it to him, she will need to go to an FFL to properly give it to him. He cant do an eFA10 with it. SO, before he can sell it, he should get it in his name, or I suppose have her sell it to someone through an FFL. What you see is that you will either need an FFL for her to sell it to someone else, or to properly transfer it to you.....
Click to expand...

FINALLY, someone who got it right! Thanks!


Robert1 said:
Ask Len about it. I may be wrong but I heard that the E-FA10 lets you continue to fill in the form even without the FID info of the previous owner.
Click to expand...

I would NEVER EVER use the "inheritance feature" on the eFA-10 website. That is a construct by EOPS/FRB to give them a lot more info than they are legally entitled to.

It's irrelevant as legally he couldn't get the gun without going to an FFL in the first place. He was NOT named as the benefactor of the gun so the initial transfer to him was totally illegal.
 
LenS said:
WOW, where to begin. SO much illegal info in this thread that it isn't funny!




It was never transferred to you LEGALLY in the first place! Read on.




FINALLY, someone who got it right! Thanks!




I would NEVER EVER use the "inheritance feature" on the eFA-10 website. That is a construct by EOPS/FRB to give them a lot more info than they are legally entitled to.

It's irrelevant as legally She couldn't get the gun without going to an FFL in the first place. SHe was NOT named as the benefactor of the gun so the initial transfer to her was totally illegal.
Click to expand...
FIFY [smile]
 
Showmoffarm1, I think all model 97s are take down models. To disassemble, push that pin you see at the end of the magazine tube,pull the magazine forward out of the frame,rotate the barrel and magazine a quarter turn and pull forward off the frame. The 97 doesn't have a disconnector. This means that if you hold the trigger back while you pump the gun, it will fire every time the action closes. If the gun is loose where the 2 halves meet, there is an adjustment to tighten it.The gun in the picture looks exactly like mine which is a riot gun. Yours is about 50 years older than mine.
 
I think this is a "shut your mouth" moment. If it's been in your Uncle's closet for 50 years there is no paper trail on it with the state. Who's to say you didn't own it when you lived in another state? or that your uncle gave it to your father 49 years ago? There is no REQUIREMENT to declare what you own when you move.


now what I'm suggesting is probably (most likely) illegal (technically) , you own it now, when(if) you sell it, fill out the FA-10, nobody's going to come looking for you because you transferred a shotgun that there was no paper-trail prior to your ownership.
 
showmofffarm1 said:
No we didn't. He passed away many years ago and we have no information on FID #'s or anything like that.
ok, so I just did a quick search and it appears that my aunt would have to do a search for his FID # so it could be transfered over to me. Alrighty then.... Case closed [grin]
Click to expand...

If many years is more than 6, you don't have to do anything.

ETA: If I read this right. The aunt owned the gun and illegally transferred it to the OP. If it's 6+ years ago the statue of limitation has expired.
 
Last edited:

Similar threads

  • Locked
Navy scrubbed this photo can you see why?
Replies
17
Views
762
Mountain
Mountain
Preban or not
2 3
Replies
65
Views
2K
not new guy
N
MUST WATCH IF YOU ARE SELLING OR PLANNING TO SELL A FIREARM AND ARE NOT AN FFL
Replies
19
Views
619
Bigfudge16
Bigfudge16
Maybe they can do this at Head of the Charles
Replies
21
Views
521
Glockster30
Glockster30
Can you guys tell me what this is?
Replies
8
Views
647
nordic alien
N
Back
Top Bottom