I need some legalish CYA advice about gifting a gun

This is a discussion on I need some legalish CYA advice about gifting a gun within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; My brother in law lives in Ill. where they have/ are about to pass a new awb ban for handguns. 4 years ago I gifted ...

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Thread: I need some legalish CYA advice about gifting a gun

  1. #1
    Member Array 91wm6's Avatar
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    I need some legalish CYA advice about gifting a gun

    My brother in law lives in Ill. where they have/ are about to pass a new awb ban for handguns. 4 years ago I gifted him a SigPro 2022 privately FTF after he saw my wife(his sister) carrying it and really liked it(He was a Tx resident at the time for work purposes and had a Tx ID) Unfortunately I didn't go through an FFL to transfer it. He's a responsible guy, legally able to own firearms etc. but I'm not sure it will be legal for him to own now. He hasn't even fired the damn thing and he's just let it sit in his closet since I gave it to him. I do know it's his only firearm and feel like an ass asking for it back so how would you guys handle this? ETA: Yes I realize giving somebody a firearm is a HUGE responsibility and may have unintended consequences...

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    I wouldn't. It was a gift. Did you give it to him expecting it back?

    Now IF the subject were to come up in idle family conversation, and IF you casually inquired about it, and IF he said he's thought about getting rid of it--I'd be all over him with a sweet deal.
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    Yeah. I have a 'Bro In Law' also.............................. similar but different.
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    Senior Member Array KBSR's Avatar
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    Didn't I read where that law failed to pass? I too would feel like an ass asking for it back, and that probably wouldn't happen. I think I'd encourage him to move, and even help him load the truck if need be. LOL

    Might want to find an attorney friend, from Illinois, and ask him/her. I'd be afraid to trust opinions on this forum, and get your BIL in a jam. Just my .02

    Good luck.
    " But if you are authorized to carry a weapon, and you walk outside without it, just take a deep breath, and say this to yourself... Baa." Col. Dave Grossman on Sheep and Sheepdogs.

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    Senior Member Array darbo's Avatar
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    Generally I would agree with the "it's a gift" idea. Under the circumstances I would have an up front and honest talk with him about the gun. Especially considering IL. is trying very hard, to be the first, to take the guns away from the citizens.

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    Senior Member Array Devilsclaw's Avatar
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    So you transferred it to a fellow Texan and then he moved. Don't see a problem with that.

    I guess you might ask him if some new restrictions do happen, casually of course, if he was going to register it, and then just say that if he ever wanted to get rid of it you'd sure be interested in buying it from him.

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    Member Array Maxwell47's Avatar
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    I agree. Tell him if Illinois wants to repel the US Constitution he can send them right back to you via the local FFL. Just like a that old '69 Mustang from high school... You'll keep if safe until he returns...
    I never let schooling interfere with my education. Mark Twain

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    Member Array Maxwell47's Avatar
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    Heck, for the 'Stang I'd fly up and drive it back.................................
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    Distinguished Member Array Black Knight's Avatar
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    While I would not ask for it back what I would do is let him know you would like first dibbs on it should he decide to get rid of it. Let him know it should stay in the family. If Illinois does ban semi-auto pistols you could tell him he would be free to store it with you until such time he can find a place where he can keep it.
    jblives2ride likes this.

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    If the law passes, then two years later it is found to be unconstitutional, do you give it back to him? :)

    It's a gift. Once you gift something to someone, you have no claim to it whatsoever. That's the point of a gift. I wouldn't ask for it back.

    The big question is why the heck would anyone move to IL from TX???????
    multistage and nontechguy like this.

  12. #11
    Senior Member Array jblives2ride's Avatar
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    I agree with black knight bring up the gun in converstaion/ how do you like mine etc. and let him know that if illinois bans it you would be glad to have it back or keep it until he is somewhere he can have it.. and by all means get the in law some range time...
    GH likes this.
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    I agree it was a gift. Now if it becomes illegal for him to own it and he has to get rid of it, I would have no problem asking for it rather than having it go to the scrap heap.
    archer51 likes this.
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    VIP Member Array jbum's Avatar
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    No required registration no worries the way it should be...Hope we can defeat it this time around.

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    Member Array MisterAvis's Avatar
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    Used to be legal to keep blacks as slaves. Used to be legal to beat your wife up pretty bad. Still legal to do the same to your kids. It's legal for politicians to use insider info to trade. It's legal for politicians to take bribes in the form of "contributions". It's legal for financial institutions to "lose" billions of dollars. It's legal for the Pentagon to "lose" trillions of dollars. I'm still trying to understand why we hold the law imposed on us in such high esteem. It couldn't be the implied threat of violence by those that impose it upon us. ^^ Seems to me, like we the people will, do, always have, and will continue to comply.
    "Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined." -Obligatory Founding Father Quote

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    VIP Member Array multistage's Avatar
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    Hmmmmmmmmm..................

    I've never been a "legal/illegal" kind of guy. More like "right/wrong."

    And it's worked out pretty well so far.

    OP: Let him keep it. Nothing bad about it.

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