Giving a gun as a gift

[GlockFan]

Our son wil be visiting from a another state. I am giving him one of my pistols for xmas. Is there any problem with this?
He's over 21 and not a felon.LOL Thanks for the help

[Beiruty]

Where is the problem? What are the laws in your son state?

[BrianSW99]

It's my understanding (which may be incorrect, so do some more research) that if you are transferring a handgun to someone from outside of your state, even if it's a gift, it has to be transferred through an FFL within the other persons state, just as you would if you were mail ordering a firearm.

Now, depending on the laws in your sons state, there's not likely going to be anyone stopping you from handing it to him and him driving home with it since Texas doesn't have gun registration.

[Jumping Frog]

It's my understanding (which may be incorrect, so do some more research) that if you are transferring a handgun to someone from outside of your state, even if it's a gift, it has to be transferred through an FFL within the other persons state,

Bingo. It is a federal felony to transfer the gun to him without going through an FFL in his state. It doesn't matter that it was a gift.

Trying to make the argument based on whether or not someone is likely to get caught committing a felony is poor reasoning.

[jeeperbryan]

It's my understanding (which may be incorrect, so do some more research) that if you are transferring a handgun to someone from outside of your state, even if it's a gift, it has to be transferred through an FFL within the other persons state,

Bingo. It is a federal felony to transfer the gun to him without going through an FFL in his state. It doesn't matter that it was a gift.

Trying to make the argument based on whether or not someone is likely to get caught committing a felony is poor reasoning.

Huh, I didn't know that. Good to know, eventhough I don't have anyone outside of Texas to gift any firearms.

Question though....what if his son was "borrowing" the rifle? What if they were on a hunting trip and he was using the rifle outside of Texas? Just curious.

[Carry-a-Kimber]

Did not know this was a felony. IF, the gun had been given to the son before he moved and the son had left it in his father's safe for keeping and was now retrieving it; would the same rules apply? I guess what I am asking is if you have to have an FFL transfer your own guns to you if you move states?

[rm9792]

No you can move your own guns all you want ( except for nfa stuff). This is one of those conscience situations. Yes it is a felony but one it is doubtful to ever be caught or cared about. I really dont think the atf is concerned about these deals with all the real crime they have to deal with. Personally i would just give him his gun but some people attract bad luck.

[C-dub]

Really? My dad cannot give me one of his guns simply because he lives in a different state without going through a FFL or vis-versa? I understand the probability of being caught and all is slim, but that still stinks.

[Jumping Frog]

I understand the probability of being caught and all is slim,

Yes, but consider this scenario. The son has been a taxpaying resident in that state since 2007. He has to use the gun for self defense and the gun is taken into evidence. They run a trace and find the gun was sold in 2009 to a person with the same last name in a different state. Now the son is being asked some very uncomfortable questions.

The odds of getting caught are very slim right up until the time you actually have to use the gun.

. . . but that still stinks.

Yes. For that matter, the entire 1968 GCA stinks. When I was a 12 year-old kid, I could buy virtually any gun I wanted via mail-order from anywhere.

[C-dub]

What I don't understand is why this is an issue at all. If we lived in the same state it would not be. Why does a state line make a difference?

[C-dub]

Okay. I did a little reading on the '68 GCA and it seems like it pertains to the purchasing of guns from outside of the state one lives. Some of that was corrected with the 1986 FOPA. As far as "tracing" the guns after they were used, most of my dad's guns were purchased here in Texas before he moved. That may or may not make a difference.

[texjames]

18 U.S.C. § 922 : US Code - Section 922: Unlawful acts


(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; 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;"

So legally same state ok...out of state use a FFL to be within the law.
Bequest i believe is if left to someone in a WILL.

[GlockFan]

I guess I will have to ship it to a FFL. How do you ship it.. Fedex? I suppose the FFL can tell me the best way to ship it.

[texjames]

I guess I will have to ship it to a FFL. How do you ship it.. Fedex? I suppose the FFL can tell me the best way to ship it.

UPS or Fed X but not the pack and mail type places the Actual customer service counter place.
get your son to find a place that will recieve it and ask the price, get the shipping info and tell them to expect the gun to be coming to them...

Shipping Firearms

Firearms may not be mailed or shipped interstate from one non-FFL to another non-FFL. Personally owned rifles and shotguns may be mailed or shipped to an FFL in any state for any lawful purpose, including sale, repair, or customizing. An FFL may ship a firearm or replacement firearm of the same kind and type to a person from whom it was received. Under U.S. Postal regulations, handguns may be sent via the Postal Service only from one FFL to another FFL, or between authorized government officials.

A person may ship a rifle or shotgun to himself, in care of a person who lives in another state, for purposes of hunting.

[BrianSW99]

The cheapest way to ship a handgun is usually through another FFL. Non-FFLs are not allowed to ship handguns through the post office, and if you go directly to UPS or FedEX they require they be shipped next day air, which is expensive.

If you find an FFL willing to ship for a reasonable fee, they are allowed to ship through the post office, which can come out a lot cheaper. Tom Hart in Plano for example charges $10 plus the cost of postage. Check the FFL forum on here to see if there's one near your area.