Family transfers been states, CA and FL

asawatson · Jan 30, 2011

Hi All,

I want to give a handgun to my father who lives in FL and I live in CA.

What do I have to do to be legal?

Thanks in advance.

docnyt · Jan 30, 2011

Whether you transport it yourself or ship it, you will have to go through a Federally licensed dealer, or FFL, that will handle the transfer.

EDIT: The FFL has to be on the receiving end although you may want to ship it by FFL on your end as well b

NavyLCDR · Jan 30, 2011

Ship it or otherwise deliver it to an FFL in Florida who will transfer it to your father.

Anything else will violate 18 USC 922 (a)(3) and (a)(5) and both you and your father will commit separate felonies.

Sunday, the first day of the week. We are getting this question early this week!

Black Knight · Jan 30, 2011

Don't let anyone get you down. I would rather you ask this question before you get into any legal trouble. This is an easy question to answer on line but the legal questions that would come after you've been arrested should be answered by an attorney. By asking this now you avoid the legal questions later. The tranfer does have to go through a Florida FFL and you can take it there or ship it to the FFL. BTW welcome to the forum. One more thing, don't be afraid to ask questions. If it is important enough for you to consider asking then there is at least one other who is thinking the same and is afraid to ask. Do both of you a favor and ask away.

Frank Ettin · Jan 31, 2011

As everyone else has said, because it's a transfer of a handgun across state lines, federal law requires that the handgun be physically transferred by an FFL in the transferee's state of residence. For the purposes of federal law and interstate transfer, the fact that the transaction is between a son and father is irrelevant. (Yes, I know that California has some relaxed rules for transfers between child/grandchild and father/grandfather, but those wouldn't apply interstate.)

honestlou · Jan 31, 2011

fiddletown said:
As everyone else has said, because it's a transfer of a handgun across state lines, federal law requires that the handgun be physically transferred by an FFL in the transferee's state of residence. For the purposes of federal law and interstate transfer, the fact that the transaction is between a son and father is irrelevant. (Yes, I know that California has some relaxed rules for transfers between child/grandchild and father/grandfather, but those wouldn't apply interstate.)

I know you understand this, but to clarify for anyone else, the reason the FFL is needed is not because it's an interstate transfer in the sense that the handgun is going interstate; it is because the transferor and transferee are residents of different states.

It doesn't matter if the transfer is face to face. Again, I'm not saying you didn't understand; I just thought the language you used could be confusing to others.

K-Rod · Jan 31, 2011

Maybe I'm asking a stupid question here but the face go face transaction is legal without a transfer?

The reason I'm asking is how does one prove ownership of a firearm they purchase "Face to Face" or in a "Private Sale"?

I've bought a lot of firearms in a "Private Sale". Gun show, local Nickles Nick paper etc. I know that the whole "You must register your firearm" is a myth but outside of a "Bill of Sale", how do you prove ownership from a Private Sale without registeration.

Example: I buy a firearm in a Private Transaction. I don't know the background of the Seller. 6months later I get pulled over for speeding home from the range & LEO asks if the firearms in my truck are mine. I say yes.

Is that the end of the questioning? Will the LEO ask if I can prove ownership. If he does, will saying, yes I'm the owner. Bought them from a Private Seller....I don't know how to ask this question without the whole "Are they registered to you" thing. I hope someone understands what I mean here. Obviously this isn't an issue with the OP & I'm not trying to hijack it, but it's something I've been curious about since buying used firearms

Frank Ettin · Jan 31, 2011

K-Rod said:
Maybe I'm asking a stupid question here but the face go face transaction is legal without a transfer?...

....I've bought a lot of firearms in a "Private Sale". Gun show, local Nickles Nick paper etc. I know that the whole "You must register your firearm" is a myth but outside of a "Bill of Sale", how do you prove ownership from a Private Sale without registeration....

[1] This has nothing to do with the OP's question.

[2] A private transfer isn't legal under federal law between residents of different States.

[3] A bill of sale is evidence of ownership, and that will be all you'll have got in the case of a private sale.

K-Rod · Jan 31, 2011

Thank you fiddletown. I believe I stated my question had nothing to do with the OP but reading it made me curious about the legalities of transfers & proof of ownership via Private Sale or even gifting to family members.

Sam1911 · Jan 31, 2011

Maybe I'm asking a stupid question here but the face go face transaction is legal without a transfer?

If the transfer is to a resident of another state, NO. If the transfer is to a resident of the same state, YES, as long as your state laws allow that.

The reason I'm asking is how does one prove ownership of a firearm they purchase "Face to Face" or in a "Private Sale"?

There is no real need to "prove ownership." (Again, state laws may have specific transfer paperwork required, or FOIDs, or purchase permits, or registrations that would list serial numbers, but most do not.)

Example: I buy a firearm in a Private Transaction. I don't know the background of the Seller. 6months later I get pulled over for speeding home from the range & LEO asks if the firearms in my truck are mine. I say yes.

Then that's it. He can't ask you to prove it, any more than he could ask you to prove you own your camera or a Ming vase.

If he does, will saying, yes I'm the owner. Bought them from a Private Seller....I don't know how to ask this question without the whole "Are they registered to you" thing. I hope someone understands what I mean here. Obviously this isn't an issue with the OP & I'm not trying to hijack it, but it's something I've been curious about since buying used firearms

Again, there are some states that DO register certain firearms or require FOID cards. If you are in one, then you may be required to produce that paperwork.

Otherwise, if an officer was to ask such an odd question, a simple YES would suffice. (Some would/will say that's more information even than you have to provide him.)

Frank Ettin · Jan 31, 2011

One thing I might add, Sam, a bill of sale or some similar documentation could be helpful if the gun privately purchased turns out to have previously been reported stolen.

In that case, a bill of sale won't establish ownership, because no one down the chain of possession of a previously stolen item can acquire ownership of it. But a bill of sale or other documentation could help answer some uncomfortable questions about how one has come to possess stolen property.

Sam1911 · Jan 31, 2011

Certainly, and good point!

crzyjarmans · Jan 31, 2011

K-Rod said:
Maybe I'm asking a stupid question here but the face go face transaction is legal without a transfer?

The reason I'm asking is how does one prove ownership of a firearm they purchase "Face to Face" or in a "Private Sale"?

I've bought a lot of firearms in a "Private Sale". Gun show, local Nickles Nick paper etc. I know that the whole "You must register your firearm" is a myth but outside of a "Bill of Sale", how do you prove ownership from a Private Sale without registeration.

Example: I buy a firearm in a Private Transaction. I don't know the background of the Seller. 6months later I get pulled over for speeding home from the range & LEO asks if the firearms in my truck are mine. I say yes.

Is that the end of the questioning? Will the LEO ask if I can prove ownership. If he does, will saying, yes I'm the owner. Bought them from a Private Seller....I don't know how to ask this question without the whole "Are they registered to you" thing. I hope someone understands what I mean here. Obviously this isn't an issue with the OP & I'm not trying to hijack it, but it's something I've been curious about since buying used firearms

becareful saying that registering a firearm is a myth, not in all states, here in nv there are area's by law you must register

Family transfers been states, CA and FL

asawatson

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