Legal Requirements When Given A Gun

This is a discussion on Legal Requirements When Given A Gun within the General Firearm Discussion forums, part of the Related Topics category; My brother-in-law has a number of guns. He has suggested giving me a couple of them. I was just wondering what the legal ramifications are ...

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Thread: Legal Requirements When Given A Gun

  1. #1
    Member Array ArmyMajRet's Avatar
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    Legal Requirements When Given A Gun

    My brother-in-law has a number of guns. He has suggested giving me a couple of them. I was just wondering what the legal ramifications are i.e. registration; carrying a gun not bought through an FFL dealer with all the paperwork etc. What are your thoughts on this?
    Maj. USA (Ret.)

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  3. #2
    Member Array tflhndn's Avatar
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    IANAL, and I don't know Utah laws, but as I udnerstand Federal Law, it depends on whether both of you are residents of the same state, contignuous states of non-contiguous states and whether the firearms are long guns or handguns...

    If residents of same state, only state law applies for all weapons.

    If residents of different states, handguns MUST be transferred through an FFL in the state you are a resident.

    If residents of contiguous states, long guns may be given with no problem.

    If residents of non-contiguous states, all firearms must go through an FFL in teh state in which the recipients is a resident.

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    Ex Member Array BikerRN's Avatar
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    Quote Originally Posted by tflhndn View Post
    IANAL, and I don't know Utah laws, but as I udnerstand Federal Law, it depends on whether both of you are residents of the same state, contignuous states of non-contiguous states and whether the firearms are long guns or handguns...

    If residents of same state, only state law applies for all weapons.

    If residents of different states, handguns MUST be transferred through an FFL in the state you are a resident.

    If residents of contiguous states, long guns may be given with no problem.

    If residents of non-contiguous states, all firearms must go through an FFL in teh state in which the recipients is a resident.
    I am not a lawyer, and didn't stay in a Holiday Inn Express last night, but I think you nailed it.

    The only thing I would add is that State Law applies, as well as Federal Law and not all states allow transferring firearms without going through an FFL IIRC. I may be wrong about that, but I don't think so.

    Biker

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    Quote Originally Posted by BikerRN View Post
    I am not a lawyer, and didn't stay in a Holiday Inn Express last night, but I think you nailed it.

    The only thing I would add is that State Law applies, as well as Federal Law and not all states allow transferring firearms without going through an FFL IIRC. I may be wrong about that, but I don't think so.

    Biker
    Yep, you will need to check Utah State law as well.

    Also, don't forget to say THANK YOU to your brother in law.
    God is love (1 John 4:8)

  6. #5
    Senior Member Array jhh3rd's Avatar
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    You are legally bound to share your gifts with us via pictures and/or descriptions.

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    Member Array skot's Avatar
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    Please let us know what you find out. About 6 or 7 years ago while living in Utah I gave my brother-in-law a .22 pistol for Christmas. I have often wondered if I was supposed to file any paper work when doing that and hoped it isn't something that could possibly come back to bite me in the future.

    Thanks,
    Scott

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    Senior Member Array Rustynuts's Avatar
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    Quote Originally Posted by tflhndn View Post
    IANAL, and I don't know Utah laws, but as I udnerstand Federal Law, it depends on whether both of you are residents of the same state, contignuous states of non-contiguous states and whether the firearms are long guns or handguns...

    If residents of same state, only state law applies for all weapons.

    If residents of different states, handguns MUST be transferred through an FFL in the state you are a resident.

    If residents of contiguous states, long guns may be given with no problem.

    If residents of non-contiguous states, all firearms must go through an FFL in teh state in which the recipients is a resident.
    What if I bought a gun and wanted to gift it to my mother in a non-contiguous state, assuming it's hand carried to her? If it still needs an FFL transfer, can you legally "store" it at her residence and let her use it?

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    VIP Member Array automatic slim's Avatar
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    Interstate transfer.......

    Quote Originally Posted by Rustynuts View Post
    What if I bought a gun and wanted to gift it to my mother in a non-contiguous state, assuming it's hand carried to her? If it still needs an FFL transfer, can you legally "store" it at her residence and let her use it?
    If you want to give a firearm to a person in noncontiguous state, you must go through a FFL. This applies to both handguns and long guns unless the law has changed. Many states allow residents from contiguous states to purchase long guns, i.e. if you live in Nevada you can buy a long gun in Utah. Handguns always need to go through a FFL if the transfer is interstate. Some states require a FFL even intrastate. I'm sure ATF would look at storing in another state as a transfer, don't go there.
    Last edited by automatic slim; July 20th, 2009 at 09:59 PM. Reason: correction.
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  10. #9
    Member Array ArmyMajRet's Avatar
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    Thanks all. They are pistols and he lives in the Chicago area. Has an FFL. So, I think we'll do the FFL to FFL. Seems the safest.
    Maj. USA (Ret.)

  11. #10
    Distinguished Member Array GWRedDragon's Avatar
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    Quote Originally Posted by automatic slim View Post
    If you want to give a firearm to a person in noncontiguous state, you must go through a FFL. This applies to both handguns and long guns unless the law has changed. Many states allow residents from contiguous states to purchase long guns, i.e. if you live in Nevada you can buy a long gun in Utah. Handguns always need to go through a FFL if the transfer is interstate. Some states require a FFL even intrastate. I'm sure ATF would look at storing in another state as a transfer, don't go there.
    Yes!

    Well, except that 'contiguous' doesn't mean anything.

    Other people, please do not state what you think the law is if you're not sure about it. Don't want someone to think they are legal when they are actually committing a felony

    You can buy a rifle or shotgun at an FFL in a state other than your state of residence. Any private transfer must be through FFL if to a resident of another state.

    (a) It shall be unlawful:

    ...

    (a)(C)(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (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, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

    ...

    (a)(C)(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;

    ...

    (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver:

    ...

    (b)(3) any firearm to any person who the licensee 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 licensee's place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
    "Trust in God with hand on sword" -Inscription on my family's coat of arms from medieval England
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  12. #11
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    Question What am I missing

    Quote Originally Posted by GWRedDragon View Post
    Yes!

    ....
    Other people, please do not state what you think the law is if you're not sure about it. Don't want someone to think they are legal when they are actually committing a felony
    ....
    Any private transfer must be through FFL if to a resident of another state.
    OK INAL & I'm not a licensed dealer.

    However,

    ...(except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States
    seems to say that if both States allow person-to-person transfers and and you meet in-person with the transferor person-to-person then the transfer to a non-resident/receipt from a non-resident are OK.

    What am I missing here?
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    Distinguished Member Array GWRedDragon's Avatar
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    Quote Originally Posted by DaveH View Post
    seems to say that if both States allow person-to-person transfers and and you meet in-person with the transferor person-to-person then the transfer to a non-resident/receipt from a non-resident are OK.

    What am I missing here?
    (b)(3) refers only to transfers made by FFLs*. (a)(C)(3) states it is illegal to transfer out of state, one exception being (b)(3), which applies only to FFLs.


    *Note the heading from (b):

    (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver:
    "Trust in God with hand on sword" -Inscription on my family's coat of arms from medieval England
    ---Carry options: G26/MTAC, PF9/MiniTuck, PPK/Pocket, USP40/OWB---
    ---NOTE: I am not an expert. If I ever start acting like a know-it-all, please call me on it immediately. ---

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    Quote Originally Posted by GWRedDragon View Post
    (b)(3) refers only to transfers made by FFLs*. (a)(C)(3) states it is illegal to transfer out of state, one exception being (b)(3), which applies only to FFLs.


    *Note the heading from (b):
    Ah!

    Thanks.
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    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

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