Firearms as presents and inheritance - legality?


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Nando Aqui
January 31, 2004, 06:14 PM
I wanted to buy a Springfield Armory TRP 1911 as a present for my son. While discussing the purchase with my favorite gun shop owner, I learned that it might well not be easy at all to 'give' him the pistol - legally, of course.

This also brought up the question of inheritance. If both my son and I live in the same state, then it is easier, depending on the state. Also, it is not as big of a problem if instead of a handgun I give him a rifle or shotgun.

Does anyone know if there is a place (website) where I can go and find out about laws covering the following:

1) Giving handguns as gifts to a-friends, b-relatives, c-sons/daughters within the same state
2) Same as 1, but out-of-state
3) Sames as 1 and 2, but long guns instead of handguns.
4) Handguns and longuns as inheritance

I would appreciate if you could point me in the right direction. I will looks as well on my own...

Thanks -

Alex

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Hkmp5sd
January 31, 2004, 06:24 PM
It totally depends on local laws as to how the inheritance takes place. As far as the federal government is concerned, a gun can be taken across state lines to deliver as either an inheritance or gift as long as it is legal for the person receiving the gun to own it at their location. The transfer does not have to go through a FFL unless state law requires it.

These might help.

Federal Firearms Regulations Reference Guide 2000 (http://www.atf.treas.gov/pub/fire-explo_pub/2000_ref.htm)
ATF Online - Publication 5300.5 State Laws and Published Ordinances - Firearms (http://www.atf.treas.gov/firearms/statelaws/22edition.htm)

berettaman
January 31, 2004, 06:39 PM
A lot of people confuse "Gifting" a gun and a "Straw Purchase".While one is legal the other is not. :D

Nando Aqui
January 31, 2004, 07:48 PM
Thank you for your promt replies.

Your comments and links are exactly what I was looking for!

Alex

P.S.
Hkmp5sd - Does membership in Mensa count?

Hkmp5sd
January 31, 2004, 08:40 PM
Does membership in Mensa count?
No. They don't accept anything other than their own tests. Kinda dumb considering Mensa is the top of the heap.

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