Giving gift from different state?


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Cooldill
May 21, 2014, 09:25 PM
So I want to buy my father a gun as a gift. I live in Kansas and he lives in Illinois. If I buy the gun in Kansas, can I just give it to him in Illinois? Is there any paperwork I have to do to make this legal?

I've had not much luck searching for this online and just need some assistance. Thanks everyone!

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oneounceload
May 21, 2014, 09:34 PM
Has to be transferred through his local FFL

Spats McGee
May 21, 2014, 09:36 PM
The best bet is probably to buy him a gift card. It is possible to buy a firearm and give it as a gift, but because you are residents of different states, the transfer from you to him must go through an FFL. That's just federal law, and Illinois may have additional requirements.

Midwest
May 21, 2014, 10:25 PM
I agree that the gift card is a great idea.

.

Cooldill
May 21, 2014, 10:32 PM
Well I am in the military and my home of record is in Illinois, but I am stationed in Kansas. I'm not sure if that changes anything lol.

The gift card thing... well it isn't a good option. My father has medical problems and lives in a rural area so it is very hard for him to get to town. It would be painful for him.

SleazyRider
May 21, 2014, 10:46 PM
I'm thinkin' here's what I'd do: Using one of the many online "FFL Finders," locate the FFL nearest to him and give him a call to see if he will accept a transfer from an online retailer like Buds or Kentucky Gun. Purchase the gun from an online retailer and ship it to his local FFL.

Cooldill
May 21, 2014, 10:56 PM
Okay great, and then when I take a trip back home in a couple weeks could I just pick up the gun from the dealer and then give it as a gift, or just do the transfer right there?

SleazyRider
May 21, 2014, 11:13 PM
If it's anything like New York (and I hope it's not), you are simply the one who paid the bill, not the one to whom the background check or transfer is made. For example, my wife (who is unlicensed in NY) buys me a gun from Buds. She calls my local FFL and arranges for a transfer. FFL faxes his credentials to Buds, and receives the firearm. My FFL gives me the bill of sale and I apply to have this listed on my permit. When I get my revised permit and "pickup tag" fron the county, I go to pick up the gun from my FFL (about 2 weeks). Yes, it's cumbersome, but it's how it is. I suspect it's a much simpler process in other states.

You've picqued my curiosity: what gun are you gifting to him?

Frank Ettin
May 21, 2014, 11:14 PM
...Well I am in the military and my home of record is in Illinois, but I am stationed in Kansas. I'm not sure if that changes anything lol....It does indeed. Under federal law, for the purposes of firearms transfer your State of residence is Kansas. See 27 CFR 478.11 (emphasis added):State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located, as stated in 18 U.S.C. 921(b). The following are examples that illustrate this definition:

Example 1.

A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.

Example 2.A maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.

Example 3.

A, an alien, travels to the United States on a three-week vacation to State X. A does not have a state of residence in State X because A does not have the intention of making a home in State X while on vacation. This is true regardless of the length of the vacation.

Example 4.

A, an alien, travels to the United States to work for three years in State X. A rents a home in State X, moves his personal possessions into the home, and his family resides with him in the home. A intends to reside in State X during the 3-year period of his employment. A is a resident of State X.


...when I take a trip back home in a couple weeks could I just pick up the gun from the dealer...So no, you couldn't. For the purposes of federal firearms law, you are not a resident of Illinois. Therefore, an Illinois dealer can not transfer a handgun to you (nor could you under federal law legally buy and take possession of a gun from a private party).

Cooldill
May 21, 2014, 11:23 PM
Oh okay I see... so I will pretty much have to buy the gun here first right? THEN once in Illinois I can transfer it to him via FFL?

NavyLCDR
May 22, 2014, 12:13 AM
Oh okay I see... so I will pretty much have to buy the gun here first right? THEN once in Illinois I can transfer it to him via FFL?
Correct. That's the legal way to do it. And, don't forget, you have to abide by all of Illinois laws regarding transportation and possession of the firearm while you are in Illinois.

Cooldill
May 22, 2014, 03:16 PM
Okay cool, thanks everyone!

Frank Ettin
May 22, 2014, 04:48 PM
The OP's question has been answered.

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