Gift transfers across state lines?

[78641]

I have a family member who lives in a far North Eastern state known for its unfriendly attitudes to guns and their owners. I will be visiting early next year, and there is a chance some of this guy's guns will be free to follow me home. Mostly long guns, maybe a revolver or two.

Can I stuff them in a box and mail or UPS them to myself? Can I check the box as airline luggage? Do I need to ship to a TX FFL holder? This shouldn't be complicated, really, but I have a feeling it might be.

[seamusTX]

If you want to be legal, you should ship them to a Texas FFL. See http://www.atf.gov/firearms/faq/faq2.htm#b2.

- Jim

[78641]

Following that link I don't see anything about gift transfers, just sales. Apparently it is unlawful to sell to a non FFL resident of another state? If my in laws (who live "not in TX") come for Christmas, can they legally give my child a deer rifle that they brought with them?

[KBCraig]

By federal law, all interstate transfers must involve an FFL (unless they are bequeathed in a will). Doesn't matter if it's a gift or sale; it's still a transfer.

Since this is a gun-unfriendly state, you might not be able to transfer long guns at a dealer in that state. You definitely can't transfer handguns there; they must be transferred through a dealer in your home state.

[Dragonfighter]

Pardon me if I am nit picking here. But if you are up there and they give you a weapon, no interstate transfer was involved. I believe that is for, as an example, if Joe A lives at a Maine address and he is transferring it to Texas for Joe B to receive.

Also as a pragmatic matter, if they are not the original dealer, then it is a private transfer and no FFL is required. I would not as a matter of course, renew the paper chase.

[seamusTX]

Pardon me if I am nit picking here. But if you are up there and they give you a weapon, no interstate transfer was involved.

Do you want to run that by the BATFE, a U.S. attorney, and a federal district judge? (This is a rhetorical question.)

- Jim

[Dan20703]

My understanding is that the shipping to yourself back home or checking them in as luggage in lockable cases is legal with the long guns but the handguns would need to go to an FFL in your home state.

[Dragonfighter]

Pardon me if I am nit picking here. But if you are up there and they give you a weapon, no interstate transfer was involved.

Do you want to run that by the BATFE, a U.S. attorney, and a federal district judge? (This is a rhetorical question.)

- Jim

I sorta did. When my uncle died and my dad inherited his gun collection, he wanted to give me one of his (my dad's) Super Blackhawks. I was flying back to Texas so we checked with the local ATF boys on shipping. They informed us that if we were to ship it had to go from FFL to FFL. If it were a FTF private transfer, then I could carry it back in compliance with FAA and airline regs and it didn't matter how many states I was crossing.

So the key word as I understood it was Interstate transfer (read receipt by another party in another state). Now if I received the firearm and carried it back to sell, well...

[seamusTX]

When my uncle died and my dad inherited his gun collection, he wanted to give me one of his (my dad's) Super Blackhawks. I was flying back to Texas so we checked with the local ATF boys on shipping. They informed us that if we were to ship it had to go from FFL to FFL. If it were a FTF private transfer, then I could carry it back in compliance with FAA and airline regs and it didn't matter how many states I was crossing.

Thanks. That's interesting.

- Jim

[KBCraig]

My understanding is that the shipping to yourself back home or checking them in as luggage in lockable cases is legal with the long guns but the handguns would need to go to an FFL in your home state.

Again: all interstate transfers must be done through an FFL. Handguns must be transferred in the recipient's state. Long guns may be done in either state, so long as both states' laws allow the transfer.

Generally speaking, gun dealers are worse sources of information on gun law, than are the police. Those of us with C&R FFLs have heard it all from Type 01 dealers, and often very little of it is correct.

[78641]

Again: all interstate transfers must be done through an FFL. Handguns must be transferred in the recipient's state. Long guns may be done in either state, so long as both states' laws allow the transfer.

Generally speaking, gun dealers are worse sources of information on gun law, than are the police. Those of us with C&R FFLs have heard it all from Type 01 dealers, and often very little of it is correct.

Is it an interstate transfer if both parties are standing in the same state? I have a CHL, so no phone call is required, what does the FFL do?

[nitrogen]

Again: all interstate transfers must be done through an FFL. Handguns must be transferred in the recipient's state. Long guns may be done in either state, so long as both states' laws allow the transfer.

Generally speaking, gun dealers are worse sources of information on gun law, than are the police. Those of us with C&R FFLs have heard it all from Type 01 dealers, and often very little of it is correct.

Is it an interstate transfer if both parties are standing in the same state? I have a CHL, so no phone call is required, what does the FFL do?

You'll need a 4470 filled out, even if you don't need a NICS call.

[KBCraig]

Is it an interstate transfer if both parties are standing in the same state?

It's an interstate transfer if they're not residents of the same state, no matter where they're standing.

I have a CHL, so no phone call is required, what does the FFL do?

Same as if you buy it from the FFL: you have to complete the 4470, and he logs the purchase out of his bound book, to you.

[tboesche]

My understanding is that the shipping to yourself back home or checking them in as luggage in lockable cases is legal with the long guns but the handguns would need to go to an FFL in your home state.

I'm not so sure about this statement. When I retired from the Navy in 2004, A buddy gave me a CZ-75B as a retirement gift. I was in Spain and only passing thru Virginia on my way to Texas. When I got to the airport in Virginia Beach, I declared that I had a handgun in my Checked baggage. The baggage inspector called over a "specialist", don't know if he was BATF, Customs, FBI, CIA, NSA who knows. Anyway...All he did was open my suitcase, made sure the gun was unloaded, closed and relocked my suitcase. DONE DEAL! Shoot, they paid more attention to my dog than they did to the gun.

Carry in Checked baggage is not a big deal

[seamusTX]

Gentlemen, two completely different issues are getting mixed up here.

The law requires interstate transfers of ownership of firearms to go through an FFL. In the case of handguns, it must be an FFL in the recipient's home state.

If BATFE winks at transfers between friends and relatives, that's fine; but I would not depend on it if I had to pass through an anti-RKBA state.

Having a handgun in checked luggage is legal, and the TSA is not in the business of verifying that you are the legal owner of the items in your luggage.

- JIm