Can a family member purchase a shotgun in Tenessee and give to me in Florida?


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treeman
November 7, 2008, 06:57 PM
Hi,

I am a 33 y/o resident of miami-dade (I can legally possess fire arms) and I have a family member in Tenessee who will be purchasing a new shotgun for me at a store local to him for me. He will be coming down during the holidays in december and will be giving it to me...if this is legal. Can this be done? Is there anything else we must do (paperwork, etc) or can he just give it to me? When he buys it in TN I assume they will register it in his name?? Just wondering how this would work. Sorry if this is a silly question.

Thanks in advance!

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Friendly, Don't Fire!
November 7, 2008, 07:10 PM
It would seem to me that your family member can give you a gun as a gift as long as it wasn't planned ahead of time where you will pay for him to buy it for you which I think is referred to as a STRAW PURCHASE.

As for the gift he will be giving you, I would just write the date and model/serial numbers of the gun on the instruction booklet front cover and both sign it and give him a copy of the signed and dated cover page for his records.

That way, in the future, you know and he knows where the gun came from and where it went to.

Yes, the gun would be registered in HIS name, as he is the buyer. Also, on the form he signs, he states that he is not buying this firearm for any other person.

treeman
November 7, 2008, 07:21 PM
Ok, thank you very much. Is there a way to "transfer" this gift to me so that it will be in my name?

Thanks again.

Friendly, Don't Fire!
November 7, 2008, 07:23 PM
Yes, you buy it and YOU fill out and sign the yellow BATF form which, among other things, basically states the firearm is for YOU and only YOU.

GRIZ22
November 7, 2008, 07:58 PM
The way you can avoid any problems with the scenario you give is for him to bring the gun to a FFL in FL who transers the gun to you.

Yes a fee will be involved but that's better than a felony.

dfunde01
November 7, 2008, 08:06 PM
If this is to truly be a gift, he can give you the money and you can buy it at home. If you ever go to visit him in Tennessee you can buy and fill out the paper work yourself. You do not have to be a resident to purchase a long gun out of state.

treeman
November 7, 2008, 10:36 PM
Thank you again guys. Ok, so it looks like a no go then. Guess we can just try and buy it down here when he comes to visit. I appreciate the responses.

Thanks!

Sunray
November 7, 2008, 10:45 PM
"...so that it will be in my name?..." No need. Florida requires no permits to buy nor registration of any firearms.

NavyLCDR
November 8, 2008, 01:57 AM
Oh boy. Here we go:

It is AGAINST FEDERAL LAW, to receive ANY firearm, long gun or handgun from an out of state resident. PERIOD. It does not matter if it is a gift, or a sale, or father to son. The ONLY exception is the passage of the firearm as an inheritance when someone dies. The transfer MUST go through an FFL. If it is a handgun, the FFL must be in the recipient's state of residence. For a long gun, in LIMITED cases the FFL may be in the giver/seller's state, but always may be in the recipient's state.

TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 44--FIREARMS
Sec. 922. Unlawful acts
(3) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to transport
into or receive in the State where he resides (or if the person is a
corporation or other business entity, the State where it maintains a
place of business) any firearm purchased or otherwise obtained by
such person outside that State, except that this paragraph (A) shall
not preclude any person who lawfully acquires a firearm by bequest
or intestate succession in a State other than his State of residence
from transporting the firearm into or receiving it in that State, if
it is lawful for such person to purchase or possess such firearm in
that State, (B) shall not apply to the transportation or receipt of
a firearm obtained in conformity with subsection (b)(3) of this
section, and (C) shall not apply to the transportation of any
firearm acquired in any State prior to the effective date of this
chapter;

and

(5) for any person (other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector) to transfer,
sell, trade, give, transport, or deliver any firearm to any person
(other than a licensed importer, licensed manufacturer, licensed
dealer, or licensed collector) who the transferor knows or has
reasonable cause to believe does not reside in (or if the person is
a corporation or other business entity, does not maintain a place of
business in) the State in which the transferor resides; except that
this paragraph shall not apply to (A) the transfer, transportation,
or delivery of a firearm made to carry out a bequest of a firearm
to, or an acquisition by intestate succession of a firearm by, a
person who is permitted to acquire or possess a firearm under the
laws of the State of his residence, and (B) the loan or rental of a
firearm to any person for temporary use for lawful sporting
purposes;

NavyLCDR
November 8, 2008, 02:03 AM
If this is to truly be a gift, he can give you the money and you can buy it at home. If you ever go to visit him in Tennessee you can buy and fill out the paper work yourself. You do not have to be a resident to purchase a long gun out of state.

This statement is not exactly true. Florida residents can only purchase long guns out of state from FFL's in states that are contiguous to Florida. This is by combination of Federal and Florida State Law. Federal law says the purchase can occur if the sale complies with the conditions of sale allowed by state law in both the seller/buyer's states. Florida state law then sets the conditions of sale as to be only in contiguous states.

deadin
November 8, 2008, 10:58 AM
Oh boy. Here we go:---Again!

Hey LT,
I wonder if we should start a anchor pool on just when you're going to get tired of repeating this information. :D
(I pretty much gave up a couple of years ago. It got too frustrating.)

All in jest,
Dean
USN(Ret)

withdrawn34
November 8, 2008, 04:15 PM
As long as you are not a felon.

JKimball
November 8, 2008, 07:34 PM
except that
this paragraph shall not apply to (B) the loan or rental of a
firearm to any person for temporary use for lawful sporting
purposes;

So is there a legal time frame for "temporary?"

Bubba613
November 8, 2008, 11:11 PM
Short answer: Is it legal? No.
Is anyone going to find out? No. Neither TN nor FL has any gun registration.
Draw your own conclusions. I have yet to see or hear of anyone prosecuted under this particular scenario. One ATF agent I heard about when given that scenario said pretty much "who's gonna know?"

NavyLCDR
November 9, 2008, 02:45 AM
As long as you are not a felon.

AND RESIDENTS OF THE SAME STATE!

And +1 what Bubba613 said, without advocating doing anything illegal on THR, of course.

PeteRR
November 9, 2008, 06:40 PM
About 15 years ago, I had a member of the firearm's office of the NJ state police tell me the same thing. My brother-in-law wanted to give me an 870 shotgun as Christmas present on my yearly trip to Houston. The Trooper told me since Jersey doesn't register long guns and I possessed a legal FID card, nobody would be able to tell where I bought it or when.

We went to a pawn shop where I admired all of the lightly used shotties and he bought me a very nice used 870 in excellent condition for $200.

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