Giving a handgun as a gift to a familiy member? What are the laws?

This is a discussion on Giving a handgun as a gift to a familiy member? What are the laws? within the General Firearm Discussion forums, part of the Related Topics category; I know it is not considered "straw purchase" if the recipient can legally buy/own one. so if the family member lives in the same state, ...

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Thread: Giving a handgun as a gift to a familiy member? What are the laws?

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    Member Array razz's Avatar
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    Question Giving a handgun as a gift to a familiy member? What are the laws?

    I know it is not considered "straw purchase" if the recipient can legally buy/own one. so if the family member lives in the same state, he can just give it to his family member as a gift.

    What if the family member lives in another state? Does he have to go through a FFL?

    My brother is in the military and he said he can get a Glock 19 for $398. He doesn't live in the same state. Can he buy one for me and just give it to me when he visits me or do we have to go to a gun shop for FFL transfer when he gets here???

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    Member Array razz's Avatar
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    I just found this. It seems that if the seller from another state comes to your home state, the seller can sell his firearm including handgun without going through a FFL.

    "ATF Regulations - A person may “sell” a firearm to an unlicensed resident of his or her state (you the visitor in another state), if the buyer is not prohibited by law from receiving or possessing a firearm, or to a licensee in any state. A firearm other than a curio or relic may not be transferred interstate to a licensed collector. [18 U. S. C 922(a)( 3) and (5), 922( b)( 3), 27 CFR 178.29]" Powered by Google Docs

    What confuses me is the last sentence. If you have a Curio & Relic license, you can not buy guns(other than C&R) from out of state visitors?

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    Member Array BaserRonin's Avatar
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    that is saying that you can't ship your new glock to me as a C&R dealer. worded poorly, but just saying that C&R only allows shipping of C&R weapons.

    Not positive enough to give advice on the original question. You can buy from adjoining states, sure. If he drives down to you and gifts it to you, I really don't know what the Feds think of that.

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    VIP Member Array Tubby45's Avatar
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    If a transfer between two residents of different states, the transfer to the receiver (you) must be done in your state by a local FFL.

    Your brother buys the gun and transfers it to himself. He then ships the gun to an FFL in your state and they will transfer the gun to you.

    If your dealer participates in the military/LE discount program, they might let your brother pay and order the gun to them and transfer to you instead. I don't do the Glock dealer thing so I don't know the details and requirements of the program.
    07/02 FFL/SOT since 2006

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    VIP Member Array AZ Husker's Avatar
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    When you fill out the paperwork for a Glock LEO/Military discount there is a box to check that it will only be used on duty by the purchaser.
    Treat me good, I'll treat you better. Treat me bad, I'll treat you worse.

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    VIP Member Array dukalmighty's Avatar
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    First off you have to adopt me legally,next do you prefer Dad,Papa,pops,or Old Man.after the technical stuff we can look at some Dan Wilson 1911's,or some Kimbers,I'm not going to college so we can use my college fund for some really nice pistolas.Thanks your future Son
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
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