Legality of Marble Arms Game Getter Model 1908

[ToolAA]

Found the NFA handbook:

9.5.3.3 Uncertainty about the registration status of decedents’ firearmsIn some cases, an
executor or administrator of an estate may be uncertain whether the decedent’s firearms are
registered to the decedent in the NFRTR. Perhaps the executor or administrator is unable to
locate the decedent’s registration documents. As discussed in Section 9.2, if the decedent’s
firearms are not registered to him/her in the NFRTR, the firearms are contraband and may not be
lawfully possessed or transferred. If the executor or administrator cannot locate the decedent’s
registration documents, he/she should contact the NFA Branch in writing and inquire about the
firearms’ registration status. This inquiry should be accompanied by documents showing the
executor’s or administrator’s authority under State law to represent the decedent and dispose of
the decedent’s firearms. Although ATF is generally prohibited from disclosing tax information,
including the identity of persons to whom NFA firearms are registered, ATF may disclose such
information to persons lawfully representing registrants of NFA firearms.

9.5.3.4 Unregistered estate firearms. Should an estate contain NFA firearms not registered to
the decedent, these firearms are contraband that may not be lawfully possessed or transferred.
Where these are found within an estate, the executor or administrator should contact his/her local
ATF office and arrange for their disposal.

Thank you very much.

 

[Dovk0802]

I'm wondering if there's a way your friend could transfer this to an SOT who could then "sell" it back to him (or you, or a trust) on a Form 4 which would get it back into the system as a legally registered NFA item.

The other option would be to have a smith quickly tack weld extensions on to get the barrels to 18" (or 16" and 18") to meet barrel length requirements. Then it's a normal rifle and shotgun. Submit a Form 1 to manufacture as an SBR/SBS and then have the smith remove the extensions once the Form 1 is approved. The extensions don't need to be anything other than rods that extend the barrels out for length requirements so they could be fairly small and only blemish a small area if the smith is good enough.

I think I figured out a clean way to do it:

Separate the barrels from the receiver. You take the barrels with you and your friend keeps the receiver and stock at his place. The receiver by itself isn’t NFA, it’s the short barrels attached that make it NFA so the unassembled receiver is totally fine. Then they’re in 2 separate locations so there are no constructive possession issues. Friend submits Form 1 to manufacture, pays tax stamp; and then reassembles once Form 1 approved. He will need to have a new serial and place of “manufacture” engraved somewhere but could be done in an inconspicuous spot. This would be clean, easy, and no permanent alterations to the gun sans engraving.

This line of thought applies to the new manufacture of an NFA item. Once something is on the registry it is already made. An item can be removed from the registry, as in the case of a Deactivated War Trophy (DEWAT). However, if you take your 10" AR, swap out for a 16" upper and then cross state lines you still would have had to get permission prior.

If you make your own firearm a serial number isn't required however, any NFA item must have a serial number. ATF clarified the guidance at one point that an NFA item made from a firearm that has serial number may reuse that number to avoid confusion so, you can see both circumstances. My Rem 870 SBS has two serial numbers while my M4 that I built with a form 1 was approved using the original one. FYI the Game Getters were serialized however, it's a moot point as posted above.

 

[Dovk0802]

Hope this works out for your friend. From the Blue Book, I'd guess it in the 70% range: