Recieving gun from my Father

[olafpfj]

I think I know the answer but I'm not sure so here goes.

My dad gave me a pistol for Christmas. He was really squeamish about flying it with him from California when they came out in December so he didn't bring it with him. I have been dragging my feet on getting in touch with an FFL to do the transfer. Well I've waited long enough and now my wife and kids are going back to California to visit hers and my parents and I am planning on having her bring the pistol back with her. I have flown in and out of California with pistols so I know the drill with flying.

Is there any reason this can't be done?

I know what the deal would be going from Texas to California. I would have to register it within 30 days and so it ends up being easier to just use an FFL and do the transfer but since Texas doesn't register, my wife is personally transporting it and its from my father, do I even need to do anything?

For the record the pistol is an H&R 999 sportsmen in .22lr. The plan (and this was my fathers idea) is to sell it along with a Charter Arms 38 that I own and put that money towards a S&W model 14 k38 (or some other target 38).

On another note...I will soon be selling an H&R 999 and Charter Arms undercover 3" .38. If anyone might be interested in either of those please feel free to PM me. I'll put them up officially when I finally get the H&R and get some pics of them.

Thanks

[seamusTX]

Is there any reason this can't be done?

It's illegal under federal law.

Like it or not, a person who is not an FFL or other licensee (manufacturer, importer, etc.) cannot legally transfer a handgun across state lines.

Your father has to ship the pistol to a Texas FFL who will then transfer it to you—without a NICS check, since you have a CHL. You may well ask, what's the point? But that's the law.

As an editorial aside, it is so difficult to give handguns as gifts across state lines, probably it's better to send money and let the recipient do the shopping.

- Jim

[olafpfj]

Rats. I thought that only applied to shipping firearms across state lines.

I thought that also since it was from my father that there was a narrow exception to that rule so long as it wasn't shipped but personally transported. So I guess for my wife to bring it back he would have to transfer it to her in California (impossible I know).

Interestingly there is an exception to the California handgun roster if the pistol is being transferred to a family member. Family member being defined as father to son and vice versa. So I can transfer any off roster guns to my father in California, but yes, it must be an official FFL transfer.

[seamusTX]

Federal law uses the term transfer to include a sale, trade, or gift.

The reasoning behind that is that gunrunners cannot legally "give" weapons to others across state lines with the payment being money or some other "consideration" (usually drugs) paid to another person at a different time.

The only exception is for bequests. Hopefully your father will be among the living into a ripe old age.

- Jim

[rm9792]

Tell your Dad you cant accept his gift but will be glad to store it for you.