I'd like to give my daughter, 31, who is moving from Nebraska to Denver one of my handguns for home protection. (I think she has her eye on the S&W 620 7 shot .357 and she's a danged good shot). Legal or no? (BTW, I live in Wyoming.)
Thanks
This is a discussion on Giving handgun to out of state daughter within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I'd like to give my daughter, 31, who is moving from Nebraska to Denver one of my handguns for home protection. (I think she has ...
I'd like to give my daughter, 31, who is moving from Nebraska to Denver one of my handguns for home protection. (I think she has her eye on the S&W 620 7 shot .357 and she's a danged good shot). Legal or no? (BTW, I live in Wyoming.)
Thanks
Cloudpeak
If she's simply going to keep the gun at home, no problem at all. For all anyone knows, she's had the gun since she moved out from your home. Transporting the gun across state lines is legal if the gun is unloaded and locked up where the vehicle occupants can't access it, and possession/ownership is legal at both ends of the trip.
Some guidelines are here: FAQ Colorado Firearms Laws
Smitty
NRA Endowment Member
Give it to her while she's visiting, and she can transport it to her new home appropriately (she can even take it in her checked luggage on an airplane). But if you have to ship it to her it must be sent to a gun shop (or other FFL) for her to receive it through them. It's like a purchase for zero dollars, though they usually tack on $15-40 for the trouble.
Gifts between family members who can legally own a gun is permissible. If she is visiting you, or you her, you can just give it to her. No paper work required. If you ship it to her, it must go through a FFL and a BATFE form 4473 filled out.
If she decides she doesn't want the 620 I'll take it.J/K
Freedom doesn't come free. It is bought and paid for by the lives and blood of our men and women in uniform.
USAF Retired
NRA Life Member
"That I cannot do."
"Give this to, uh, Clemenza. I want reliable people, people who aren't going to be carried away. After all we're not murderers in spite of what this undertaker thinks."
***********************************
Certified Glock Armorer
NRA Life Member
The 620 is a heck of a revolver. Very accurate and fun to shoot. I bought it because I thought everyone should be able to shoot a double action revolver. I'm a pistol shooter and have a CBOB and Kimber U.C. ll in 45 and a STI Trojan in 9mm and a CW9 for pistols and seem do best with the 1911 platform. I mainly bought the S&W to have fun with and shoot plates at our local steel shoot.
I can win fairly consistently with the Trojan (main plate gun) and the CBOB at our shoots but noticed that my buddies don't seem as happy to see me show up as they used to when I stunk at shooting handguns. So, I thought I'd give revolvers a try. I've practiced enough that I wouldn't embarrass myself to show up but revolvers and my arthritic hands don't seem to get along very well. The 1911 has the best grip for my hands and shooting the revolver has hurt my 1911 shooting so I won't miss it when my daughter takes it with her. I figure I'm old enough I'd just as well stick with the platform that I do best with.
Thanks to everyone who responded to this thread. I'll be happy to have my daughter armed with a handgun she likes and does well with (and I'll sleep better knowing she has a weapon and dog at her new home). I've got a thousand or so rounds loaded so we'll be doing some shooting while she's here to get her "up to speed". From what I've seen so far, I wouldn't want to be facing her with a revolver in her hand. She really likes my Bushmaster carbine but I told her she'd have to wait until I croak to get that
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Cloudpeak
Why Waltz when you can Rock-N-Roll
Freedom doesn't come free. It is bought and paid for by the lives and blood of our men and women in uniform.
USAF Retired
NRA Life Member
It is perfectly lawful to send your own gun to an FFL. It is perfectly lawful for an FFL to return to you your own gun.
The preceding post may contain sarcasm; it's just better that way. However, it is still intended with construction and with the Love of my L-rd Y'shua.
NRA Certified Pistol Instructor, Tennessee Certified Instructor
It is a Federal Felony to transfer a gun privately between two parties who are NOT resident of the same state. It doesn't matter if that person is a relative or not.
Per Federal Law, all handgun transfers between two parties that live in different states MUST be done by an FFL in the new owner's state.
Check with your Daughter's FFL if he'll accept shipment from a non-FFL (legal but some won't). If so, you could ship it to your Daughter's FFL and your Daughter does the 4473/NICS at the dealer. That's the legal way to do this. Shipment can be made by a non-FFL via UPS or FedEx (must ship from depot only, not a storefront) and both carriers require it to go Air (not law, just corporate policy).
The BATFE Q&A below answers this and the laws cited below the answer make it clear that "sale" and "transfer" mean the same thing to BATFE, so regardless if it is a gift or a sale, these laws apply.
http://www.atf.gov/publications/down...f-p-5300-4.pdf (pg. 177-178)
(B2) From whom may an unlicensed person acquire a firearm under the GCA?
A person may only acquire a firearm within the person’s own State,
except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting
purposes.
[18 U.S.C 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
(B3) May an unlicensed person obtain a firearm from an out-of-
State source if the person arranges to obtain the firearm through a
licensed dealer in the purchaser’s own State?
A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the
purchaser to obtain the firearm from the dealer.
[18 U.S.C 922(a)(3) and 922(b)(3)]