Gifting Question

Discussion in 'The Constitutional & RKBA Forum' started by brucedeuce, Sep 6, 2010.

  1. brucedeuce

    brucedeuce New Member

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    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
  2. johnlives4christ

    johnlives4christ Former Guest

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    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.
  3. Alpo

    Alpo Well-Known Member

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    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.
  4. RunningOnMT

    RunningOnMT New Member

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    But what if your brother is visiting from out of state...you can't just give it to him to take home?
  5. Alpo

    Alpo Well-Known Member

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    Not legally. Without getting an FFL involved, you can only give or sell a gun to a resident of your own state.
  6. medalguy

    medalguy Member

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    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/unlicensed-persons.html#gca-unlicensed-transfer
  7. johnlives4christ

    johnlives4christ Former Guest

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    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
  8. Helix_FR

    Helix_FR Active Member

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    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.
  9. RunningOnMT

    RunningOnMT New Member

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    Bottom line is, once the gift is given whose to know when and where said transfer took place.
  10. johnlives4christ

    johnlives4christ Former Guest

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    ROMT. true... but uncle sam doesnt want us to be free no more:(
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