Gifted Firearm, is it legal?

This is a discussion on Gifted Firearm, is it legal? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; A friend of mine recently received a firearm as a gift from a mutual friend of ours. However, they did no type of transfer of ...

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Thread: Gifted Firearm, is it legal?

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    New Member Array JohnDoe1775's Avatar
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    Gifted Firearm, is it legal?

    A friend of mine recently received a firearm as a gift from a mutual friend of ours. However, they did no type of transfer of any sort. I told them that wasn't a good idea and that they should transfer it through a FFL deal for legality reasons. The issue is that we in the military and they both have different states of residence, and to make the issue harder one of them executed orders to a different state. What is the best course of action to avoid any type of legal blowback. Can anyone provide some insight on advice I can pass on? Thank you.

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    Distinguished Member Array bigmacque's Avatar
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    Member Array TelumPisces's Avatar
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    If both are stationed in the same state officially, then there should be no problem. It's just like two state residents transfering a gun. The fact that there was no paperwork is not a problem. Most states consider military "stationed" in their state to be residents for most aspects etc... even if they maintain state residency back home.
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    Welcome to the forum!

    Never been in the military, but I am pretty sure they have a legal department . One, or both, of them should probably contact their base legal dept. ( I feel stupid not knowing the name. )
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    Senior Member Array tmoore912's Avatar
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    Quote Originally Posted by TelumPisces View Post
    If both are stationed in the same state officially, then there should be no problem. It's just like two state residents transfering a gun. The fact that there was no paperwork is not a problem. Most states consider military "stationed" in their state to be residents for most aspects etc... even if they maintain state residency back home.
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    VIP Member Array Snub44's Avatar
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    ...a call to the BATF should prove helpful...I've always gotten great response and accurate answers...or you can look up online


    ATF Publication 5300.4 of Sep 2005 and dig it out of the manual...

    Question (B11) on page 179 may be helpful...
    Last edited by Snub44; July 22nd, 2013 at 05:50 PM. Reason: found a cite...

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    Distinguished Member Array phreddy's Avatar
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    What does Idaho state law say? That would be my first concern.

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    If both of them were of legal age to own the gun and meet the federal regulations to possess the gun, there should be no issue with the BATFE. State and local laws apply where the transfer took place.
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    If it's okay to sell your gun to anyone you want (ie, the famous "gun show" loop hole) why can't a gun be gifted to anyone of your choosing? Providing age statutes, ex-felon, not on probation, junk is taken into consideration.
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    Quote Originally Posted by JohnDoe1775 View Post
    A friend of mine recently received a firearm as a gift from a mutual friend of ours. However, they did no type of transfer of any sort. I told them that wasn't a good idea and that they should transfer it through a FFL deal for legality reasons. The issue is that we in the military and they both have different states of residence, and to make the issue harder one of them executed orders to a different state. What is the best course of action to avoid any type of legal blowback. Can anyone provide some insight on advice I can pass on? Thank you.
    I think there are a couple of things to consider. 1) Was the transfer made between states or residents of different states? If so, it needed to go through an FFL. 2) If made within a state which allows private sales and transfers, I would think there is no issue provided it wasn't a straw purchase.

    It is now a done deal according to your post, and even if it was not done properly it will be difficult to row the boat
    back. Maybe since it doesn't involve you, MYOB might be the best policy?
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    Senior Member Array hayzor's Avatar
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    Quote Originally Posted by Hopyard View Post
    Maybe since it doesn't involve you, MYOB might be the best policy?
    Good Advice!!
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    ...it's not OK to sell your gun to anyone you want, if one has residence in one state and one has residence in another state, without a transfer through an FFL taking place in the receiver's state...whether it's a sale or a gift
    Quote Originally Posted by Str8upguy View Post
    If it's okay to sell your gun to anyone you want (ie, the famous "gun show" loop hole) why can't a gun be gifted to anyone of your choosing? Providing age statutes, ex-felon, not on probation, junk is taken into consideration.
    ...for military personnel...the exception is cited above...if both of them had permanent duty station orders in the state transfer took place, the ATF sees that as their residence state...and only the state laws, if any, might change that...
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    yes. parusing the Idaho handgun laws and transfer of firearms regulations, military stationed more than 90 days is considered a resident in the eyes of the law, and as such i could find no further restrictions on private sales. so your friend is legal. the only issue at hand is what the rules and regs concerning guns in your friends new state when he moves.
    Snub44 likes this.
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