Giving a gun as a gift

[GlockFan]

Ok, will do.. thanks for the help.

[The Annoyed Man]

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.

OK, so what happens when your parent dies in Texas, and you come here from, say, Oklahoma, for the distribution of the estate, and you inherit a pistol? FFL involved?

[tomc]

Inheritance is different and allowed, I believe.

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]

Hmmm reading that I guess I could just loan it to him.

[Carry-a-Kimber]

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.

OK, so what happens when your parent dies in Texas, and you come here from, say, Oklahoma, for the distribution of the estate, and you inherit a pistol? FFL involved?

This happened to a friend of mine. His Granfather passed in Arizona and left his small collection of firearms to him. He did not have any experience with transferring guns and ended up paying $45 a gun to have them transferred by a big box gun store. The guns included a S&W Police .38, a rusty Model 12 Winchester, and a Remington Deerslayer 30.06. I think he could have almost bought those three for what he paid tp ship them. I kow to my friend the value of these guns is far more than what he paid to tranfer them though.

[rm9792]

Hmmm reading that I guess I could just loan it to him.

Would be a lot cheaper and easier. Loan it to him and he can bring it back....whenever.

[flechero]

Your son? You gave him the gun when you both resided in the same state... but until now you had been storing it for him. I believe he can now take it home without breaking the law.

[Jumping Frog]

Your son? You gave him the gun when you both resided in the same state... but until now you had been storing it for him. I believe he can now take it home without breaking the law.

Doesn't work if the gun was purchased new after the date the son established residency in the new state.

[flechero]

Doesn't work if the gun was purchased new after the date the son established residency in the new state.

I assumed that part was understood.