tyeo098
Member
Incorrect. Doesn't matter if its a gift or paid for.
If two people are from different states, it MUST got though an FFL.
No ifs, ands, or buts.
Advice needed - transfer of handgun
- Thread starter cwbys4evr
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If two people are from different states, it MUST got though an FFL.
No ifs, ands, or buts.
jr_roosa
Member
This happened long, long ago.
-J.
mgkdrgn
Member
sure ... whats a felony between relatives ...
Sam1911
Moderator Emeritus
Gift, sale, loan across state lines, friends, family, strangers ... doesn't matter.
If possession of the firearm passes from a resident of one state to a resident of another state (absent a bequest) a federal firearms licensee must be involved. Period.
bandur60
Member
So ---- I've been passing out guns to my kids for years, they've (kids) since scattered to other states (all in the US however.) What's the deal on the ones I filled out 4473's on when I bought them? They were given to the kids while they were home, not sent out of state to them. I probably won't do anything but I am curious.
ngnrd
Member
As has already been said, private in-state transfers do not require FFL involvement.
mgkdrgn
Member
No, but private transfers to persons that are NOT RESIDENTS of the givers state do, by an FFL in their home state (at least for handguns).
No under federal law he can't. The penalty for violation of federal interstate gun transfer laws is up to five years in federal prison and/or a fine (plus a bonus of a lifetime loss of gun rights.johnandersonoutdoors said:
Transfer is about possession.
Possession means:
Some definitions of "transfer" (emphasis added):
- http://legal-dictionary.thefreedictionary.com/transfer:
- http://www.thefreedictionary.com/transferred:
- http://law.yourdictionary.com/transfer:
The whole federal law story on interstate transfers of firearms (not including the rules for those with Curio and Relic licenses and the subject of dual residency):
- Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.).
- In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.
- In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence.C] In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.
- There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.
- The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).
- Here's what the statutes say:
Pretty much the bottom line.Sam1911 said:
Here's the special wrinkle with loans of a gun:
See 18 USC 922(a)(5) (as quoted in full above) which provides in pertinent part as follows (emphasis added):
You may go to another State where (under 18 USC 922(a)(5)) a friend may loan you a gun to, for example, go target shooting together, or an outfitter may rent you a gun for a guided hunt. But if you were to take the gun back to your home State with you, you would be violating 18 USC 922(a)(3), which has no "loan" exception, thus becoming eligible for five years in federal prison and a lifetime loss of gun rights. Since there is no loan" exception in 18 USC 922(a)(3), a loan of a firearm may not cross state lines to the borrower's State of residence.
ngnrd
Member
And... that's NOT the question that bandur60 asked. Giving irrelevant answers to specific questions only serves to confuse the situation.
Actually, bandur60's situation is not clear, so cool it.ngnrd said:
Bandur60 is somewhat sketchy in post 31. It's not clear if all the guns he's given to his children over the years were given to them when they were residents of the State in which he resides.
He writes:
bandur60 said:
ngnrd
Member
Really? Seems clear to me. You might want to re-read the post.
According to bandur60's post, the guns were passed to the kids, THEN they moved to other states. So those were private, intrastate firearm transfers, followed by the new owners relocating to other states. Thus, there is no federal requirement to process those transactions through FFL's. It's very clearly not the same situation asked in the original post. So, it warrants a different answer than the OP got regarding interstate firearm transfers.
How nice for you.
However, I do not consider the facts to be sufficiently clear to support advice, which were it based on a misunderstanding of fact, could have grave, adverse consequences.
Now let's get back on topic.
Al Thompson
Moderator Emeritus
I'm going to call this one asked and answered.
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