Legal ? - in family transfer interstate

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Thread: Legal ? - in family transfer interstate

  1. #1
    New Member Array mashaffer's Avatar
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    Legal ? - in family transfer interstate

    This situation has not come up yet but may in the future and I would like to have an idea of how it is handled.

    A father in one state wanting to gift an existing family firearm to a son in another state... If it is shipped it must go through an FFL I presume but if the son were to visit the father and pick up the gun himself transporting it home in his personal vehicle would this be an unlawful act?

    mike

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  3. #2
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    Subject to better opinion - I think yes, the crossing of state lines could still be problem.

    Not so sure tho how the family/gift aspect affects this where state lines involved. Safest would seem to be FFL - FFL transfer tho.
    Chris - P95
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    Senior Member Array Smith&Wessonfan's Avatar
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    Transferring a handgun to anyone, related or not, across state lines MUST be done through an FFL at the receiver's home state (not yours). No exceptions.

    If your state so authorizes, you may received a LONG gun from a dealer or private individual that resides in a state contiguous to yours. If the state does not border yours, or your state does not authorize you to purchase a long gun in a bordering state, the transfer must be made through an FFL in the same state as the receiving person.

    I have researched this because I want to gift a firearm to my father who resides in FL.

    It is illegal for me to take it there and leave it with him or for him to come here and take it with him. I must ship it to an FFL in Florida who will then transfer it to him even if money does not change hands. Possession changes across state lines (and the states are not contiguous) so an FFL must be involved on the receiving end.

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    VIP Member Array Bud White's Avatar
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    Correct it must go though FFL no pick up and take home ..

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    Senior Member Array Smith&Wessonfan's Avatar
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    Quote Originally Posted by P95Carry View Post
    Safest would seem to be FFL - FFL transfer tho.
    An FFL on the sending end is never required by Federal law.

  7. #6
    Senior Member Array Smith&Wessonfan's Avatar
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    From the BATF's Firearms FAQ section:

    (B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

    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? [Back]


    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)]

    http://www.atf.gov/firearms/faq/faq2.htm#b2

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    New Member Array mashaffer's Avatar
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    Thanks, That is what I feared. Not a great handicap in my case but I can imagine that it would make it very expensive for someone with a sizeable collection to pass it on. I wonder if this is an intended or unintended consequence.

    mike

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    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]
    From the way this is worded, I gather that it supersedes the old "Contiguous State" regulation?

    That GCA68 rule stated that a person could purchase a long gun in a State contiguous (i.e., adjoining) his State of residence, provided that both States had enacted legislation allowing such sales.


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    Quote Originally Posted by Captain Crunch View Post
    From the way this is worded, I gather that it supersedes the old "Contiguous State" regulation?

    That GCA68 rule stated that a person could purchase a long gun in a State contiguous (i.e., adjoining) his State of residence, provided that both States had enacted legislation allowing such sales.
    The current rules leave which states to the resident state. Alabama's just changed from contiguous states to any state. Florida says contiguous, but several counties have been allowed to supercede this and say no states.
    George

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    Senior Member Array Smith&Wessonfan's Avatar
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    Quote Originally Posted by Captain Crunch View Post
    From the way this is worded, I gather that it supersedes the old "Contiguous State" regulation?
    Nope, the exception is right in the text you quoted. Second sentence onwards.

    Ohio allows Ohioans to purchase long guns in person from any dealer located in an adjacent state.

  12. #11
    New Member Array mashaffer's Avatar
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    Kind of makes one wonder how many widows have become "criminals" via. those seven magic words... "Your dad wanted you to have this".

    mike

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    Member Array heritageguy's Avatar
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    Quote Originally Posted by mashaffer View Post
    This situation has not come up yet but may in the future and I would like to have an idea of how it is handled.

    A father in one state wanting to gift an existing family firearm to a son in another state... If it is shipped it must go through an FFL I presume but if the son were to visit the father and pick up the gun himself transporting it home in his personal vehicle would this be an unlawful act?

    mike
    The only instance in which you could take lawful possession of the firearm in your father's state would be if he bequeathed you the firearm in his will and you are not otherwise prohibited from possessing a firearm. In that case alone you could go and get the gun and take it home with you without going through an FFl licensed dealer. In order to do this you must be named in the will as the beneficiary of the firearm. If your father is still alive and wants to give you a firearm you need to transfer it through an FFL licensee in your state. See the statute below:

    Sec. 478.29 Out-of-State acquisition of firearms by nonlicensees.

    No person, other than a licensed importer, licensed manufacturer,
    licensed dealer, or licensed collector, shall transport into or receive
    in the State where the person resides (or if a corporation or other
    business entity, where it maintains a place of business) any firearm
    purchased or otherwise obtained by such person outside that State:
    Provided, That the provisions of this section:
    (a) Shall not preclude any person who lawfully acquires a firearm by
    bequest or intestate succession in a State other than his State of
    residence from transporting the firearm into or receiving it in that
    State, if it is lawful for such person to purchase or possess such
    firearm in that State,
    Last edited by heritageguy; June 3rd, 2007 at 08:52 PM.
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    New Member Array Mortech's Avatar
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    I'm with the Clintons on this , Dont't ask don't tell (Yeah , my wife couldn't believe I said that either )
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    Distinguished Member Array JerryM's Avatar
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    Quote Originally Posted by Mortech View Post
    I'm with the Clintons on this , Dont't ask don't tell (Yeah , my wife couldn't believe I said that either )
    In my view that is a bad way to look at it. It cost probably $25 - $35 for a FFL to process, and about $50 to ship it. Why would one risk getting into a real problem to save less than $100?

    If by some chance, and it is probably a remote chance, something occurred to reveal it to the authorities it might cost thousands of dollars in lawyer fees, and a criminal conviction that might prohibit one from owning a gun afterwards.

    It just is not worth it. I might mention if the owner went to the state of the son, he could hand carry the firearm, and then process it through a FFL in the son's state.

    Regards,
    Jerry

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