giving a firearm to a family member

giving a firearm to a family member

This is a discussion on giving a firearm to a family member within the General Firearm Discussion forums, part of the Related Topics category; I live in washington state. and I want to give a pistol that I already own to my brother. I have a concealed carry licence ...

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Thread: giving a firearm to a family member

  1. #1
    New Member Array kc.sr40c's Avatar
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    giving a firearm to a family member

    I live in washington state. and I want to give a pistol that I already own to my brother. I have a concealed carry licence but he does not have one, he is over the age of 21 and I beleive he has no restrictions on owning a firearm. I guess my question is can I just drive to his house and give him the pistol and that be the end of it, or do we have to go into the local dealer and fill out paper work for a transfer.


  2. #2
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    It shouldn't be a problem in the same state, but out of state is a different story.
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    ^^^^^^^^^^^^^^^ what he said.
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    Welcome to the forum.

    As long as your brother is not prohibited from possessing a firearm, and you follow the laws of both states, you should be able to make a gift of it without any paperwork trail.
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    Member Array Eaglebeak's Avatar
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    Regardless of who you give it to, I'd still recommend doing the legal paperwork to transfer ownership just to protect yourself in the event it was ever stolen and/or misused with your name remaining as its registered owner.

    If it is a "forever" gift in some states, the recipient may also have a difficult time in legally selling the weapon at some point in the future unless he/she is its registered owner or manages to keep a signed document of "sale or gift".

    There's also the sad thought that someone to whom you gave a weapon (without the legal transfer of ownership paperwork) could possibly become legally ineligible to own a firearm in the future and is later caught with one (in your name) in his/her possession with no proof that you gave or sold it to them before they became ineligible.

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    Go for it, it is perfectley legal to give a firearm to someone as a gift.

    Dont "what if it" to death, or your head will explode.

    I guess my question is can I just drive to his house and give him the pistol and that be the end of it, or do we have to go into the local dealer and fill out paper work for a transfer.
    Do you have to register guns in Washington State? If there is no requirement to do so then you wont be able to fill out paperwork from a dealer.They will look at you and ask if you are crazy. A transfer, only occurs from the dealer to the customer...thus the 4473 Form. It is not required for a gift. It is not required for a private sale. It is not required unless you have an FFL.

    There's also the sad thought that someone to whom you gave a weapon (without the legal transfer of ownership paperwork) could possibly become legally ineligible to own a firearm in the future and is later caught with one (in your name) in his/her possession with no proof that you gave or sold it to them before they became ineligible.
    The only way to "get caught"with one is if it was listed as stolen in the first place.Since it will be given as a gift, then there is no getting caught with it.
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    VIP Member Array Smitty901's Avatar
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    I sure hope it ok I gave everyone over 21 a gun for Christmas 2011.
    No big deal IMO Might be a good idea to do a transfers on pare and lock it away just for your own records then when you die it goes in the trash.

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    I give guns away on a regular basis to loved ones. Just do it.
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  9. #9
    Senior Member Array adric22's Avatar
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    I bought my cousin a small .380 last Christmas (shortly after she turned 21) and I got a lot of similar questions from family members. "Won't it be registered to you?" I had to explain that there is no such thing as gun registration in Texas and that it was perfectly legal and even said so right on the form I had to fill out when I bought the gun. I explained that if the gun was ever found in a crime, they would find out who bought it from Academy, and come knocking on my door. Then I'd explain I gave it to my cousin and they'd go knock on her door.
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    I came up with this for Wa. state,

    http://www.dol.wa.gov/forms/652004.pdf

    From link above;

    Pistol/ Revolver
    Private Disposition/ Transfer
    This form may be voluntarily submitted by the seller or transferor to report the sale, transfer of ownership, loss, or other disposition of a pistol or revolver. RCW 9.41



    And from this site; WA State Licensing: Firearms Purchase/Delivery Requirements


    I found this;

    Firearms purchase/delivery requirements
    Handgun purchase without CPL Handgun purchase with CPL Rifle or shotgun purchase with or without CPL
    State application to transfer pistol or revolver required Yes Yes No
    Federal form 4473 firearms transaction record by dealer Yes Yes Yes
    Local LEA conducts background check, including federal disqualifiers under NICS Yes LEA conducts all other background checks except for NICS check No
    Firearms Dealer conducts NICS for instant check prior to the delivery No Yes Yes
    Delivery 5-days, or upon approval of the law enforcement agency Upon notification of approval from NICS center Upon notification of approval from NICS center

    Definitions
    CPL - Concealed Pistol License
    LEA – Law Enforcement Agency
    NICS – National Instant Criminal Background Check System



    I would call your local authority, (in Mi) its the Mi. State Police, in Wa. IDK who it is and ask ,cause between these sites the info looks conflicting.

    One almost leads one to believe you don't have to fill out paperwork for the transfer, and the other is looking like you do.
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  11. #11
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    Pistol/ Revolver
    Private Disposition/ Transfer
    This form may be voluntarily submitted by the seller or transferor to report the sale, transfer of ownership, loss, or other disposition of a pistol or revolver. RCW 9.41

    Keyword "voluntarily".

  12. #12
    VIP Member Array Smitty901's Avatar
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    If you can in your state go with having a transfer written out and signed and stick it in you own storage area. If all goes well when you die there is no more paper trail on it. If it does not go well you have a peace of paper

  13. #13
    Senior Member Array tbrenke's Avatar
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    There is no regastration in WA. Make out a bill of sale (for your records 0$ exchanged as it is a gift) and call it good. private sales/gifts are still legal in the US for the time being.
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