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Legal advice on getting a gun as a present

Discussion in 'Legal' started by hipeflip, Dec 23, 2003.

  1. hipeflip

    hipeflip Active Member

    I live in Colorado and my parents live in AZ. I just came home for the holidays to find out my dad had found some of the guns he had gotten me as a kid. He said i can have them but I want to make sure I do everthying correct. My father purchased both guns legally in AZ a number of years ago and they are under his name. I am a resident of colorado (and can legally own firearms) and will be taking them home on thursday(dec 25th). What I am wondering is should I have him write something out or is there something special I have to do? Any and all help is greatly appreciated. Happy holidays
  2. ksnecktieman

    ksnecktieman Well-Known Member

    There is nothing federal that you have to do. In Kansas you would not have to do anything. I do not know of any state laws that would keep you from getting them from your father now. If you have any doubt your post has the key,,,,,,,, "my dad had found some of the guns he had gotten me as a kid.",,,,,,, As far as the law is concerned they are yours, from the past. They are not a new purchase. I would not concern myself about it.
  3. Preacherman

    Preacherman Well-Known Member

    I agree with ksnecktieman. The guns are your property already - they have simply been in the possession - perhaps "custody" would be a better word - of your father for a while. You can take them with you without qualms.

    If you want to jump through hoops, just in case, then your father would have to ship them to a FFL in Colorado, and you'd have to pay a transfer fee to that FFL (for each gun) and pass a background check before taking possession of them. IMHO, unnecessary, but as I said, if you want to jump through hoops, that's the way to do it...
  4. Hkmp5sd

    Hkmp5sd Well-Known Member

  5. clubsoda22

    clubsoda22 member

    In PA, your dads guns are your guns, no paperwork needed. I do not know if CO is the same way.
  6. AJ Dual

    AJ Dual member

    Hkmp5sd has it.

    Yep, the Federal jurisdiction over guns comes from the Interstate Commerce Clause (or ICC Incredibly Contorted Clause...)

    A gift by definition isn't "commerce" so you're free to take them home.

    The "commerce" ocurred when your father originally bought the guns from the dealer.
  7. No4Mk1*

    No4Mk1* Well-Known Member

    Does this mean that any firearm may be gifted to a friend or family member in another state as long as all state laws are obeyed? What AJ Dual said seems correct, but I want to make sure.
  8. publius

    publius Well-Known Member

    I wouldn't be so sure.

    If I gift was never commerce, we'd probably see a whole bunch of people who didn't make any income last year (thus don't have to pay any taxes), but did plenty of work for friends, who were grateful and gave them gifts. :scrutiny:

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