Quantcast
  1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Anything I need to do when given a gun as a gift?

Discussion in 'Legal' started by Paincakesx, Mar 25, 2011.

Thread Status:
Not open for further replies.
  1. Paincakesx

    Paincakesx Member

    Joined:
    Mar 22, 2011
    Messages:
    128
    About 15 years ago, my uncle bought a SIG P228 in California for home defense. When he moved back to China, he stored it at my parents' house (without my knowledge until recently) for about well over a decade.
    I am now 21 and have decided to get a CHL and was given the P228 as a gift. I now live in Oregon, which I believe (not positive) does not have any sort of gun registration. With no criminal background, is there anything I need to do to accept this firearm and use it as a CCW?

    Any advice is appreciated!
     
    Last edited: Mar 26, 2011
  2. owlhoot

    owlhoot Member

    Joined:
    Jun 10, 2005
    Messages:
    929
    That's a very nice pistol. Send uncle a thank you note and enjoy.
     
  3. Paincakesx

    Paincakesx Member

    Joined:
    Mar 22, 2011
    Messages:
    128
    Thanks for your response. I'd have to agree - it is a very nice pistol :)

    Does the fact that it was originally registered in CA and is being transferred over state boundaries matter?

    I'm mainly concerned because if I do use this P228 as a CCW and end up having to use it, the last thing I want to think about then is whether or not me using that particular gun will be a legal problem for me.
     
  4. Paincakesx

    Paincakesx Member

    Joined:
    Mar 22, 2011
    Messages:
    128
    Well, I just learned that although he's living in China, he is a US Citizen who is a resident in the state I'm currently in.

    If he buys and registers a gun in CA, moves here, and gives me the gun, is that ok?

    After doing some research, it seems that gifting a gun to a person in another state requires the use of a FFL, but if he's moved here does that change things?
     
  5. nalioth

    nalioth Member

    Joined:
    Jul 9, 2007
    Messages:
    5,841
    Location:
    Houston, Texas
    Under federal law, folks can gift, give, sell, trade or whatever other sort of transfer firearms with other eligible residents of their state as they wish.

    Eligibility = the seller must not have any reason to believe the recipient is a prohibited person.


    State law (such as California's) may say something different.
     
  6. doc2rn

    doc2rn Member

    Joined:
    Aug 6, 2006
    Messages:
    3,495
    Location:
    SW Florida
    It was a gift and you are fine. No need to register as far as I know in gifting. Gun was in the same state, in your parents house, and it wasnt registered to them either. Ownership of an inanimate object doesnt mean you have to run to the gunshop for a 4473 background check, no matter what the politicians in Kali would have you believe. Just because I moved from Colorado to Ohio doesnt mean I am running to the gun shop to register my sidearms.
    Its no different than if you put a bat in your car and went to Nevada to play a softball game and wound up using the bat as self defense in a hotel robbery. Its not an illegally owned weapon.
    Welcome to the CCW crowd, keep your powder dry, and your bugger picker off the bang switch until needed.
     
  7. Paincakesx

    Paincakesx Member

    Joined:
    Mar 22, 2011
    Messages:
    128
    Well that's certainly good to know. Appreciate the feedback!

    Should I just keep the gun registered under his name then? I've kept the original receipt of the purchase from when he bought it 15 years ago. In Oregon there is no need for gun registration, but I don't know if the fact it's registered in Cali changes anything or not despite him now being a resident of Oregon as well.

    I suspect not but I'd prefer not to be wrong and get charged with a Felony :(
     
  8. ObsidianOne

    ObsidianOne Member

    Joined:
    Dec 16, 2010
    Messages:
    508
    Location:
    Lake Havasu City, AZ
    I don't believe Oregon has a gun registry at all. If you're that worried about it, have him write up a notarized letter (somewhat like a firearm bill of sale) and send it to you. I wouldn't worry about it too much, but it's better to be safe than sorry.
     
  9. nalioth

    nalioth Member

    Joined:
    Jul 9, 2007
    Messages:
    5,841
    Location:
    Houston, Texas
    Last I looked, one state's laws have no power in other states.

    Get "registration" out of your mind - it is a voluntary form of gun control the media want you to believe in.

    You're a free citizen now, enjoy that freedom.
     
  10. Paincakesx

    Paincakesx Member

    Joined:
    Mar 22, 2011
    Messages:
    128
    Alright, just wanted to be sure. From the looks of things, I can just take and have that be it.

    Thanks for info - put my mind at ease ;)
     
  11. BADUNAME37

    BADUNAME37 Member

    Joined:
    Aug 10, 2008
    Messages:
    4,434
    Yes,
    You should say "Thank You!"

    That is it, unless you need to register a handgun in your territory for conceal-carry. Other than that, I cannot think of anything but a happy "Thank-You" to the giver!
     
  12. Black Knight

    Black Knight Member

    Joined:
    Jun 19, 2006
    Messages:
    1,439
    Location:
    Charlottesville, VA
    A few things confuse me a bit. Is you uncle still in China? Who is giving you the gun as a gift your parents or your uncle? Is your uncle still in China and giving it to you being delivered by your parents? If the gun is your uncle's and being given without his knowledge and consent he could conceiveably claim the gun was "stolen" and you would be in posession of "stolen" property. I don't think he would but I have seen families do some screwy things in the past. I hope he knows and has given his consent to gift it to you. If this is the case I think a very sincere "Thank You" would be at least in order.
     
  13. GWARGHOUL

    GWARGHOUL Member

    Joined:
    Mar 11, 2011
    Messages:
    719
    Location:
    Missouri
    When you buy a gun at a gunstore, or have a gunshop from a different state do a FFL transfer... is it registered when you fill out the the call-in form and pickup the gun?
     
  14. nalioth

    nalioth Member

    Joined:
    Jul 9, 2007
    Messages:
    5,841
    Location:
    Houston, Texas
    Only in states with gun registration.
     
  15. garymc

    garymc Member

    Joined:
    May 29, 2006
    Messages:
    243
    Location:
    St. Louis
    "Anything I need to do when given a gun as a gift?"

    Buy some ammo.
     
  16. Paincakesx

    Paincakesx Member

    Joined:
    Mar 22, 2011
    Messages:
    128
    He is currently in China, but he is an Oregon resident legally (has a OR driver's license and pays OR taxes). He is a U.S. citizen but is living in China for business reasons.

    I'm not just taking the gun - he knows and has given his consent.

    The gun was purchased when he was a CA resident and it was registered there - he has since moved to OR therefore making this an in-state transfer.
     
  17. Cop Bob

    Cop Bob Member

    Joined:
    Feb 15, 2011
    Messages:
    739
    Location:
    Deep in the Republic of TEXAS
    Barring any applicable State laws in Oregon... I would say it looks like the only thing that you need to do now is go shootin !!!!!
     
  18. Toforo

    Toforo Member

    Joined:
    Feb 13, 2011
    Messages:
    302
    Location:
    Columbia, MO
    Yes - send a thank you note
    (and nothing says it better than HallMark, lol)
     
  19. Remo223

    Remo223 member

    Joined:
    Feb 19, 2011
    Messages:
    863
    Location:
    betwix the muddy mo and moon river
    Forget about gun registrations already. As long as you don't live in california and the gun doesn't either...nobody cares who or what the state of california says your gun is registered to.
     
  20. hermannr

    hermannr Member

    Joined:
    Jan 23, 2011
    Messages:
    976
    Location:
    Okanogan Highlans
    The gun is not in Californian, the gun and you are in Oregon...you only have to be concerned with Oregon law, and as concerns you Uncle giving the firearm to you...Oregon has no Law.

    It is perfectly legal for you to have the weapon, consider it yours and treat it as such....enjoy it, scrub the worry.

    Anyone asks, you say my Uncle gave it to me. end of Story. No-one cares if it was purchased in California, the state of California does not own the weapon.
     
Thread Status:
Not open for further replies.

Share This Page