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How to give firearm as a gift.

Discussion in 'General Gun Discussions' started by PlayboyPenguin, Mar 4, 2006.

  1. I am buying my partner's father a Ruger Model Six .32 H&R Mag for father's day. I was wondering how to give it to him. We will be traveling down to Mississippi right before then and I was wondering if I can just buy it here in Oregon and then check it on the plane to Mississippi. I have to pick it up here first so that I can have the grips engraved with his family crest. :)
  2. gudel

    gudel Well-Known Member

    I wonder if gunshops have gift certificates.
  3. brickeyee

    brickeyee Well-Known Member

    To transfer a handgun across state lines requires an FFL at the receiving end.
  4. If I understand correctly; I should be able to pick it up, engrave the handle, then have my dealer ship it to an FFL in Mississippi but we cannot hand carry it to him. Is this correct?
  5. Byron Quick

    Byron Quick Moderator In Memoriam

    You can ship it to the receiving FFL yourself as long as the receiver will accept shipment from a private individual. There is no federal law requiring you to use a FFL to ship to another FFL.
  6. Car Knocker

    Car Knocker Well-Known Member

    Sometimes my memory tends to fail but I don't believe there is any federal law that precludes one from carrying a handgun across the state line and making the transfer through an FFL in the recipient's home state. State laws, of course, might not allow that.
  7. nomadboi

    nomadboi Well-Known Member

    Been trying to talk my dad into gifting me one of his old guns he never uses anymore... if he can bring it out himself and hand it to me, I still need to go through an FFL?
  8. Lupinus

    Lupinus Well-Known Member

    if it goes across state lines it needs an FFL to be legal
  9. nomadboi

    nomadboi Well-Known Member

    I take it you mean if the ownership goes across state lines? The owner can travel with a firearm just fine in a checked case, and then do a face-to-face transaction, but what I think you're saying is for me to legally be the owner, we'd need to both walk down to a gunshop and do the paperwork?

    Where that gets really silly is that the gun shop would then have to hold it for a week, since I don't have a CHP...

  10. SIOP

    SIOP Well-Known Member

    To be legal transfer has to go through an FFL on your end.

    See above. Absolutely NO firearms transactions of ANY kind interstate without going through an FFL. The only exception is a bequest.
  11. brickeyee

    brickeyee Well-Known Member

    "To be legal transfer has to go through an FFL on your end. "

    No, on the receivers end.
    A non-licensee may ship a gun to a licensee (FFL holder). Some FFL holders only want to accept from other FFLs, but that is not what the law says.
    The recipient’s FFL then has to complete all the Federal and local paperwork before transferring the gun to the new owner.
    There is an advantage to doing the transfer FFL to FFL. They are allowed to use USPS for handgun shipping. Us commoners are not.
  12. SIOP

    SIOP Well-Known Member

    He IS the receiver.
  13. Byron Quick

    Byron Quick Moderator In Memoriam

    OK, folks. It appears that there is some type of communication breakdown. PlayboyPenguin wishes to purchase a firearm as a gift to a person who lives in another state. The person receiving the gift is the one who will have to receive it through a FFL.

    Of course, PlayboyPenguin will purchase it through a FFL but there is no legal requirement for it to be through a FFL just to a FFL. If PlayboyPenguin is visiting that state then he can deliver it to a FFL himself.
  14. JerryM

    JerryM Well-Known Member

    I have done a similar transaction. I gave a handgun to a cousin who lived in another state. Here is the law per ATF

    I could and did carry the gun myself to the state. I then had to have a ffl dealer in that state transfer it from me to my cousin. Again the ATF in both states confirmed it, and I had to have the dealer talk to the ATF as he thought I could just give it to my cousin since I was there and he was kin.

    So hand carry it if you desire, take it to a dealer for the transfer. Double check with the ATF if you desire. I found them in both states very cooperative.

  15. nomadboi

    nomadboi Well-Known Member

    Man, the ATF website is a pain to try to find anything on...

    Would the same waiting periods apply with face to face transactions? Just wondering if the gunshop would have to store my father's shotgun for a week before they could give it to me, or if dad could hold on to it and just 'lend' it to me for the week.
  16. 'Card

    'Card Well-Known Member

    Hold on just a second here...

    As I understand the law, if I own a firearm, I can transport it across state lines without any significant issues, as long as it doesn't conflict with the laws of the state I'm leaving, the state I'm entering, or any states I might be traveling through, correct? At least, when I moved from WV to NC, that's how it was explained to me by the county sherriff's office. As long as I owned the guns, I could bring them to NC without any problems, as long as they didn't violate NC firearm laws.

    So in this situation, if PP purchases the gun, then he's the owner of the gun. It doesn't matter what he bought it for. He owns it. So he's transporting a weapon that he owns to Mississippi, which is perfectly legal and doesn't need to involve anyone with an FFL at all, right?

    Now while he's in Mississippi he just happens to decide to give that gun to his FIL. Gift. Done deal. Mississippi doesn't require any particular procedure for that type of weapon as far as I can tell. If he was in North Carolina, since it's a handgun, then his FIL would be required to get a permit to recieve the gift, but that still wouldn't involve anyone with an FFL.

    So what am I missing here?
  17. nomadboi

    nomadboi Well-Known Member

    Where's a good place to find those individual state laws?
  18. SIOP

    SIOP Well-Known Member

    Both get to go to jail. It is a violation of the Gun Control Act for a non-licensee to transfer a firearm to a resident of another state. The only exceptions are bequests and active duty military in the state they reside or are stationed.
  19. Henry Bowman

    Henry Bowman Senior Member

    Not a FTF within the state of WA between WA residents.

    I believe the answer is yep, unless you have a CHL, and nope no wink and nod way around it.
  20. 'Card

    'Card Well-Known Member

    Well, I'll be damned.

    Considering all of the great deals I've gotten on hunting rifles at the Bass Pro Shops Outdoor World in Charlotte, NC - and all of the WV relatives who have enjoyed their Christmas presents, I guess now I can add "habitual lawbreaker" and "interstate gunrunner" to my resume'. :)

    ..and to think, my Mother-in-Law said I'd never amount to anything.

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