Giving firearm to Stepdaughter in another State

This is a discussion on Giving firearm to Stepdaughter in another State within the General Firearm Discussion forums, part of the Related Topics category; I intend to give my stepdaughter, who lives in another state, a .32 auto for her protection, when we visit next month. Is it legal ...

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Thread: Giving firearm to Stepdaughter in another State

  1. #1
    Ex Member Array quantum36's Avatar
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    Giving firearm to Stepdaughter in another State

    I intend to give my stepdaughter, who lives in another state, a .32 auto for her protection, when we visit next month.

    Is it legal to do this, or do I have to utilize a FFL dealer since its in a different state?

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  3. #2
    VIP Member Array raevan's Avatar
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    I would say that a lot depended on the laws of the states involved.
    This is a gift and not being sold. I don't believe you would have to involve FFL if you are hand delivering it and it is leagal for her to own in her State. I mean after all you did buy the gun for yourself and it is just an extra, Correct?

  4. #3
    Senior Member Array AirForceShooter's Avatar
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    All depends on what State she lives in.
    If she's in Florida you're home free.

    AFS
    Gun control is hitting what you aim at

  5. #4
    Ex Member Array quantum36's Avatar
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    Thanks for the advice.
    My stepdaughter lives in Tennessee. The firearm "is" an extra that I bought three years ago.

  6. #5
    Distinguished Member Array LenS's Avatar
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    Some helpful folks are missing the forest for the trees!

    Across state lines, the BATFE MAKES the rules FIRST, state law comes second!

    BATFE makes it a Fed FELONY to TRANSFER any handgun or long gun across state lines without involving an FFL! For handguns, the law requires that the transfer be done by an FFL in the state the recipient lives in (for long guns it can be done in any state). NO money need change hands for this to apply, it is the act of "transferring the gun" to a recipient (only exception is inheritance when someone dies and leaves it to another person).

    No need to take my word for it . . . here it is in black and white (the bolding is mine for emphasis on what I stated above):

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

    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. . .
    NRA Instructor

  7. #6
    Ex Member Array quantum36's Avatar
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    Whoa!

    Thanks for the info LenS.

    If I do give firearm to stepdaughter, I'll do it through an FFL.

  8. #7
    Ex Member Array quantum36's Avatar
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    But wait, there's more. What about the rest of section 5?

    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;


    This seems to indicate that I can "loan" firearm for temporary period.

    However, if my stepdaughter was involved in a "justified" home invasion shooting, they would trace gun to me and I could be charged with a felony by on overzealous anti-gun prosecuter.

    For my own piece of mind, I'll do it through an FFL.
    Last edited by quantum36; January 8th, 2007 at 11:36 AM.

  9. #8
    Distinguished Member Array LenS's Avatar
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    Yes, I knew about that exception, but I didn't want to confuse the issue (wrt your stated intent).

    Intent matters and like you said, to avoid problems best to just eat the transfer fee.
    NRA Instructor

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