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TheFirearmsForum.com
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09-05-2010, 11:43 PM
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#1 |
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Member
Join Date: Jun 2010
Posts: 6
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Gifting Question
Would there be any legal issues with gifting a previously owned and used handgun to a non prohibited family member in another "friendly" state? (ie son, father, grandchild ect.) Thanks in advance. B
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09-06-2010, 12:22 AM
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#2 |
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Former Guest
Join Date: Apr 2008
Location: Kentucky
Posts: 3,828
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Re: Gifting Question
im not sure, but i believe there would have to be a transfer, if you go on the atf website you have a place to ask a question and they will respond within a few days.
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09-06-2010, 08:28 AM
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#3 |
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Advanced Senior Member
Join Date: Feb 2007
Location: NW Florida
Posts: 8,651
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Re: Gifting Question
Legally, if the gun is crossing state lines, it has to go through an FFL. So, if you live in Tennessee, and want to give a gun to your brother in Kentucky, legally it has to be sent to an FFL in Kentucky, where your brother will fill out a 4473 and get called in, just like he was buying it.
__________________
Meddle not in the affairs of dragons, for thou art crunchy, and taste good with catsup - George of Lod, Year of Our Lord 297 I always take precautions. Beware the Evil Bullet Fairies. 
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09-06-2010, 09:02 AM
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#4 |
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Advanced Senior Member
Join Date: Nov 2008
Location: Akron, Ohio
Contributor
Posts: 4,720
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Re: Gifting Question
But what if your brother is visiting from out of state...you can't just give it to him to take home?
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09-06-2010, 09:38 AM
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#5 |
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Advanced Senior Member
Join Date: Feb 2007
Location: NW Florida
Posts: 8,651
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Re: Gifting Question
Not legally. Without getting an FFL involved, you can only give or sell a gun to a resident of your own state.
__________________
Meddle not in the affairs of dragons, for thou art crunchy, and taste good with catsup - George of Lod, Year of Our Lord 297 I always take precautions. Beware the Evil Bullet Fairies.
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09-08-2010, 01:56 PM
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#6 |
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Senior Member
Join Date: Feb 2009
Posts: 585
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Re: Gifting Question
What is the definition of "residing" in a state? If the relative owns property in your state as a part-time home then he is a resident of that state when he is there. If he does NOT own property there then he must go theough a ffl. That's from the atf faq page. It doesn't address the renting of property in two states, just ownership.
http://www.atf.gov/firearms/faq/unli...ensed-transfer |
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09-08-2010, 02:03 PM
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#7 |
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Former Guest
Join Date: Apr 2008
Location: Kentucky
Posts: 3,828
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Re: Gifting Question
if you stay at your brothers house over the weekend on a visit you're not a resident. if you move in with your brother till you're back on your feet, then you are
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09-08-2010, 02:13 PM
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#8 |
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*TFF Moderator/Host*
Join Date: Apr 2009
Location: Imperial, MO
Posts: 3,618
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Re: Gifting Question
medal guy is right. You must show some form of residence of that state. DL or any other Govt issued ID is required. Were ever that ID says your from, thats what state you reside in. I have a friend that lives in Missouri but has a Illinois DL. She rents in MO. She bough a gun that she wanted me to do the transfer for her but I couldn't, her DL says Illinois, so she had to go to a IL FFL.
__________________
Only cowards shoot with their eyes closed.... helixgunsmith.com |
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09-08-2010, 02:24 PM
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#9 |
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Advanced Senior Member
Join Date: Nov 2008
Location: Akron, Ohio
Contributor
Posts: 4,720
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Re: Gifting Question
Bottom line is, once the gift is given whose to know when and where said transfer took place.
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09-08-2010, 02:30 PM
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#10 |
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Former Guest
Join Date: Apr 2008
Location: Kentucky
Posts: 3,828
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Re: Gifting Question
ROMT. true... but uncle sam doesnt want us to be free no more
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