As I understand it, two people who reside in the same State may privately transfer a gun from one person to another (assuming both are legally eligible to possess a gun) without FFL involvement. I am interested to learn if anyone has any experience or insight to this specific scenario:
Two people want to transfer ownership of several guns as gift from family member A to family member B, but family members reside in different States, so typically FFL is required.
However, coincidentally, family member A will be driving to and renting an apartment in family member B's home State for 1 month sometime in the future. This would seem to be establishing a home in that State for that period of time (if you assume home does not necessarily have to mean ownership). Family member A will have his own address with the intention of making a home there during that time, with dedicated phone line, etc., and will not just be visiting the residence of family member B or staying in a hotel. There will be a lease and an apartment for 1 month.
The ATF says "B11) What constitutes residency in a State? The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State."
and
"(B12) May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State? If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State."
There is no mention of a legal minimum stay for USA residents in another state on the ATF site that I could find, although for noresident aliens of the USA, there is a 90 day stay required. Although ownership of property is mentioned in one state, it does not seem to be explicitly stated that property must be owned in both states, and anyway, many people make their homes in domiciles they do not own.
Of course, the family members could just trot down to the gun store or pawn shop and pay $25-30 per gun to an FFL holder, but if the rental property would satisfy residency and make a private transfer legal, then why bother? The gun shop may be the safest thing to do to be absolutely safe and legal, but you get the point here...just wondering if anyone has any experience with something like this? Thank you.
Two people want to transfer ownership of several guns as gift from family member A to family member B, but family members reside in different States, so typically FFL is required.
However, coincidentally, family member A will be driving to and renting an apartment in family member B's home State for 1 month sometime in the future. This would seem to be establishing a home in that State for that period of time (if you assume home does not necessarily have to mean ownership). Family member A will have his own address with the intention of making a home there during that time, with dedicated phone line, etc., and will not just be visiting the residence of family member B or staying in a hotel. There will be a lease and an apartment for 1 month.
The ATF says "B11) What constitutes residency in a State? The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State."
and
"(B12) May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State? If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State."
There is no mention of a legal minimum stay for USA residents in another state on the ATF site that I could find, although for noresident aliens of the USA, there is a 90 day stay required. Although ownership of property is mentioned in one state, it does not seem to be explicitly stated that property must be owned in both states, and anyway, many people make their homes in domiciles they do not own.
Of course, the family members could just trot down to the gun store or pawn shop and pay $25-30 per gun to an FFL holder, but if the rental property would satisfy residency and make a private transfer legal, then why bother? The gun shop may be the safest thing to do to be absolutely safe and legal, but you get the point here...just wondering if anyone has any experience with something like this? Thank you.
