Process for selling a gun to family member out of state?

Process for selling a gun to family member out of state?

This is a discussion on Process for selling a gun to family member out of state? within the General Firearm Discussion forums, part of the Related Topics category; If a family member wanted to sell me a pistol what would be the legal/correct process? He lives in Pennsylvania and I live in Georgia. ...

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  1. #1
    Member Array joepa150's Avatar
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    Process for selling a gun to family member out of state?

    If a family member wanted to sell me a pistol what would be the legal/correct process? He lives in Pennsylvania and I live in Georgia. I don't believe that you need to register firearms in Georgia. I think that in in Pennsylvania, you have to register guns. So the gun probably is in his name now.


  2. #2
    Member Array ak56's Avatar
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    Same process as selling to a non-family member. It must be transfered through an FFL in the buyers state.

  3. #3
    Member Array joepa150's Avatar
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    What if it was hand delivered?

    How does it get transferred?

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    Quote Originally Posted by joepa150 View Post
    What if it was hand delivered?

    How does it get transferred?

    Through an FFL in the buyers state.

    It's doesn't matter where the gun is physically/geographically located. You reside in a different state than the buyer so that makes it an interstate transfer. All interstate transfers need to go though the buyers FFL.

  5. #5
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    Quote Originally Posted by joepa150 View Post
    What if it was hand delivered?

    How does it get transferred?
    1. Drive handgun to a buyer in another state.
    2. Transfer gun to buyer in that state.
    3. Drive to police station, turn yourself in and confess (to save tax dollars)
    4. Police drive you to prison.

    What you're describing is a federal felony. Don't do it. Seriously.

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

  6. #6
    Member Array joepa150's Avatar
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    Quote Originally Posted by MattInFla View Post
    1. Drive handgun to a buyer in another state.
    2. Transfer gun to buyer in that state.
    3. Drive to police station, turn yourself in and confess (to save tax dollars)
    4. Police drive you to prison.

    What you're describing is a federal felony. Don't do it. Seriously.

    Matt
    Ok, so my father has a pistol that he wants to give to me. He is visiting me next month. He cannot give his son or sell his son a pistol???? How is that a felony?

    So all those people that I know (I am sure you know them too) committed a felony when they received a gun from their father as a gift or hand me down?

    Can you please explain your answer in further detail?

    I do not want anything done illegally, that is why I am asking the question in the first place.

  7. #7
    Member Array joepa150's Avatar
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    Quote Originally Posted by fastk9dad View Post
    Through an FFL in the buyers state.

    It's doesn't matter where the gun is physically/geographically located. You reside in a different state than the buyer so that makes it an interstate transfer. All interstate transfers need to go though the buyers FFL.
    Wouldn't the FFL charge some sort of fee?

    I don't mind paying a small fee but I just have a feeling that FFL would charge something imho high like $20 for such a simple transaction.

    So my father could drive down to Georgia, and just bring in the pistol to my local FFL, or will my dad have to go to his FFL and have them mail it to my local FFL?

  8. #8
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    Quote Originally Posted by joepa150 View Post
    Ok, so my father has a pistol that he wants to give to me. He is visiting me next month. He cannot give his son or sell his son a pistol???? How is that a felony?

    So all those people that I know (I am sure you know them too) committed a felony when they received a gun from their father as a gift or hand me down?

    Can you please explain your answer in further detail?

    I do not want anything done illegally, that is why I am asking the question in the first place.

    The gifting isn't a felony, it's the interstate transfer w/o an FFL that would be. AFIAK the only exception is death and you receive the gun from someones estate.

  9. #9
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    Quote Originally Posted by joepa150 View Post
    Wouldn't the FFL charge some sort of fee?

    I don't mind paying a small fee but I just have a feeling that FFL would charge something imho high like $20 for such a simple transaction.

    So my father could drive down to Georgia, and just bring in the pistol to my local FFL, or will my dad have to go to his FFL and have them mail it to my local FFL?
    I'm sure the FFL will charge.

    I think $20 would be reasonable. But then again the standard rate up here is $50-75

  10. #10
    Member Array joepa150's Avatar
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    Who could I call to give me a definite answer?

    I just called two firearm stores. They both told me that my father can drive down to Georgia and just give it to me. End of story. They said that if he wanted, he can create a bill of sale but isn't necessary.

    I just don't want to do anything illegal.

  11. #11
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    Here is the law:

    18 USC 922(a)(5)

    (a) It shall be unlawful—
    (5)for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
    (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
    (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

    http://www.law.cornell.edu/uscode/18...2----000-.html

  12. #12
    VIP Member Array jwhite75's Avatar
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    Well obviously they didnt want to fool with your transfer. The law is in place to help stop gun trafficking. It is a felony the other posters are right. I am a court probation officer and deal with criminal cases in courts all day everyday. Call your local ATF and they will provide you with the correct answers. If you wnat to be sure. It needs to be transferred through an FFL

    Start here...

    http://www.atf.gov/field/atlanta/

    There is a contact number there. Any agent should be able to quote the law to you.
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  13. #13
    Senior Member Array Andy W.'s Avatar
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    How about he just loans it to you?
    America: Your government is not ignoring you, it's insulting you.

    The Bill of Rights: Void where prohibited by law.

  14. #14
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    Quote Originally Posted by joepa150 View Post
    Ok, so my father has a pistol that he wants to give to me. He is visiting me next month. He cannot give his son or sell his son a pistol???? How is that a felony?
    The law is quoted above, but yes, transferring ownership of a handgun to a resident of another state is a felony.

    Quote Originally Posted by joepa150 View Post
    So all those people that I know (I am sure you know them too) committed a felony when they received a gun from their father as a gift or hand me down?
    Not if they resided in the same state as the giver at the time. If they didn't, well, I probably would not advertise it.

    Quote Originally Posted by joepa150 View Post
    Can you please explain your answer in further detail?

    I do not want anything done illegally, that is why I am asking the question in the first place.
    faskk9dad cited the applicable law above: http://www.defensivecarry.com/vbulle...=1#post1772781

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

  15. #15
    Senior Moderator
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    Quote Originally Posted by Andy W. View Post
    How about he just loans it to you?
    It is really worth it to save a pitance in FFL transfer costs?

    Bear in mind, violation of 18 USC 922 carries a penalty of up to 10 years in a federal prison.

    Personally, I'd pay the transfer fee.
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

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