Stupid question of the week: firearms gift?


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1KPerDay
April 25, 2007, 07:58 PM
Hi,
We addressed sales of rifles across state lines in a previous episode of SQOTW... but I'm curious about the following: say I have a brother in another state were a rifle is for sale. He buys the rifle. I visit him in the other state at some point in the future and he decides to give me the rifle as a gift (or sell it to me for what he paid). I can't just take it home with me, right? I have to have him send it via FFL to my home state FFL, where I have it transferred to me... correct?

Similarly, suppose he buys the rifle and brings it to my home state on a hunting trip. While he's here, he decides to give/sell me the rifle. We have to go through an FFL, right? Would it be possible for him to go to a local (my state) FFL and complete the transfer? Or do we have to wait until he's in his home state and ship the rifle back to me?

He lives in Ohio and I live in Utah. Theoretically.:D

Thanks for your patience.

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mpmarty
April 25, 2007, 08:13 PM
I don't know about where you live but in the United States of America, you can go from state to state without a travel permit and if you take a rifle or pistol with you and decide to leave it with your brother that is nobodys business except your own unless your brother is a restricted person such as a felon or under a spousal abuse restraining order etc.

Gator
April 25, 2007, 08:28 PM
Theoretical scenario number 1:

I have to have him send it via FFL to my home state FFL, where I have it transferred to me... correct?

Almost, he can send it directly to your FFL, he doesn't have to use an FFL on his end.

Theoretical scenario number 2:

Would it be possible for him to go to a local (my state) FFL and complete the transfer?

Yes

SIOP
April 25, 2007, 08:29 PM
You can do a long gun either way.

You can go to his state and do the transfer at an FFL and bring the gun home with you, or he can bring the rifle to your state and do the transfer at an FFL. Handguns are a little different.

This assumes that neither state has any laws prohibiting such a transfer from taking place. I think with Utah and Ohio you're O.K., but you'd want to double check to make sure.

1KPerDay
April 26, 2007, 01:10 AM
Thanks

JohnBT
April 26, 2007, 09:08 AM
B2) From whom may an unlicensed person acquire a firearm under the GCA?

A person may only acquire a firearm within the personís own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.


- www.atf.treas.gov/firearms/faq/faq2.htm

1KPerDay
April 26, 2007, 01:58 PM
I assume by "licensee" they mean an FFL, right?

MrPeter
April 26, 2007, 02:47 PM
If my brother in Idaho or wherever for that matter (I dont have a brother in Idaho, just hypothetical), and he wants to give me a shotgun for Christmas, I'm going to put it in the trunk of my car and drive home. If someone stops me, I will accept full responsibility for the actions I have taken, but I am not going to pay a $50 transfer fee for a Christmas present.

And I don't believe anyone else should either.

2cents.

SIOP
April 26, 2007, 05:40 PM
If someone stops me, I will accept full responsibility for the actions I have taken

Except you're not the only party involved. If you go down, so does the person who gave you the gun.

Do I agree with the law? No. But it is the law until the Republicans get it changed when they control both the White House and the Congress. (Insert heavy sarcasm and a few guffaws here).

mek42
April 26, 2007, 10:24 PM
Would it work if the brother paid for the rifle in full, left it at the gun store and you filled out the transfer paperwork to accept the rifle when you visited him?

1KPerDay
April 27, 2007, 12:16 PM
I suppose that would work... but it wouldn't be much more convenient than him simply taking the rifle home with him and returning to the store with me.

Except that the rifle is (theoretically) being sold by a private seller... so a store/FFL would have to be involved at some point. I guess.

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