Giving handgun to out of state daughter

Giving handgun to out of state daughter

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 ...

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  1. #1
    Member Array Cloudpeak's Avatar
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    Giving handgun to out of state daughter

    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


  2. #2
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    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
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  3. #3
    Distinguished Member Array Paymeister's Avatar
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    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.
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    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
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  5. #5
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    Quote Originally Posted by archer51 View Post
    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
    Good advice!
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  6. #6
    Ex Member Array maddyfish's Avatar
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    Quote Originally Posted by archer51 View Post
    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
    Ok. I understand this. If so then why when I send my broken Hi Point back to the factory for repairs do they have me disassemble it, and label it machine parts. No FFL used??

  7. #7
    Member Array Cloudpeak's Avatar
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    Quote Originally Posted by archer51 View Post
    If she decides she doesn't want the 620 I'll take it. J/K
    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

    Cloudpeak

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    Quote Originally Posted by maddyfish View Post
    Ok. I understand this. If so then why when I send my broken Hi Point back to the factory for repairs do they have me disassemble it, and label it machine parts. No FFL used??
    Because you're sending it to the Factory for repair, and not gifting/sending it to another Human Being. Different criteria, and the dealer would have to log it into his/her books and you're need to do another 4473 and NICS to get your own gun back.
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    Ex Member Array maddyfish's Avatar
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    Quote Originally Posted by CLASS3NH View Post
    Because you're sending it to the Factory for repair, and not gifting/sending it to another Human Being. Different criteria, and the dealer would have to log it into his/her books and you're need to do another 4473 and NICS to get your own gun back.
    I have already recieved it. In the mail. The regular mail. No forms. Maybe I am misunderstanding, and I wouldn't put it past HP to skirt the law.

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    Quote Originally Posted by maddyfish View Post
    Ok. I understand this. If so then why when I send my broken Hi Point back to the factory for repairs do they have me disassemble it, and label it machine parts. No FFL used??
    Did you send the complete gun, or just the slide?

    I may be wrong, but from my understanding of the law, HP broke the law if it was the whole gun that was shipped directly to, especially through the mail.
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  11. #11
    Ex Member Array maddyfish's Avatar
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    Quote Originally Posted by archer51 View Post
    Did you send the complete gun, or just the slide?

    I may be wrong, but from my understanding of the law, HP broke the law if it was the whole gun that was shipped directly to, especially through the mail.
    Complete gun, disassembled, per their instrucitons

  12. #12
    Distinguished Member Array Agave's Avatar
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    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.

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  13. #13
    Distinguished Member Array LenS's Avatar
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    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 personís 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 purchaserís 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)]

  14. #14
    VIP Member Array JimmyC4's Avatar
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    Quote Originally Posted by maddyfish View Post
    Complete gun, disassembled, per their instrucitons
    In a word this is unlawful.

  15. #15
    Distinguished Member Array Agave's Avatar
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    Quote Originally Posted by JimmyC4 View Post
    In a word this is unlawful.
    No, the words are "perfectly legal."
    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.

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