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Re: Giving a gun as a gift
Posted: Sun Dec 19, 2010 4:25 pm
by GlockFan
Ok, will do.. thanks for the help.
Re: Giving a gun as a gift
Posted: Sun Dec 19, 2010 8:37 pm
by The Annoyed Man
Jumping Frog wrote:BrianSW99 wrote: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?
Re: Giving a gun as a gift
Posted: Sun Dec 19, 2010 8:46 pm
by tomc
Inheritance is different and allowed, I believe.
texjames wrote:18 U.S.C. ยง 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.
Re: Giving a gun as a gift
Posted: Sun Dec 19, 2010 10:26 pm
by GlockFan
Hmmm reading that I guess I could just loan it to him.
Re: Giving a gun as a gift
Posted: Sun Dec 19, 2010 10:47 pm
by Carry-a-Kimber
The Annoyed Man wrote:Jumping Frog wrote:BrianSW99 wrote: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.
Re: Giving a gun as a gift
Posted: Sun Dec 19, 2010 11:46 pm
by rm9792
GlockFan wrote: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.
Re: Giving a gun as a gift
Posted: Mon Dec 20, 2010 3:22 pm
by 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.
Re: Giving a gun as a gift
Posted: Mon Dec 20, 2010 10:56 pm
by Jumping Frog
flechero wrote: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.
Re: Giving a gun as a gift
Posted: Tue Dec 21, 2010 3:09 pm
by flechero
Jumping Frog wrote:
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.