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 ...
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'm in favor of gun control -- I think every citizen should have control of a gun.
1 Thess. 5:16-18
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.
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. )
"If you make something idiot proof, someone will make a better idiot."
...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...
What does Idaho state law say? That would be my first concern.
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.
I carry a gun, because a Cop is too heavy.
Second Amendment: The difference between politicians and rulers.
U.S. Army, Retired
NRA Benefactor Life Member
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.
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?
If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
The world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it. Albert Einstein
"People in Arizona carry guns," said a Chandler police spokesman. "You better be careful about who you are picking on."
...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
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.
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