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Can a family member purchase a shotgun in Tenessee and give to me in Florida?

Discussion in 'Legal' started by treeman, Nov 7, 2008.

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  1. treeman

    treeman Member

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    Hi,

    I am a 33 y/o resident of miami-dade (I can legally possess fire arms) and I have a family member in Tenessee who will be purchasing a new shotgun for me at a store local to him for me. He will be coming down during the holidays in december and will be giving it to me...if this is legal. Can this be done? Is there anything else we must do (paperwork, etc) or can he just give it to me? When he buys it in TN I assume they will register it in his name?? Just wondering how this would work. Sorry if this is a silly question.

    Thanks in advance!
     
  2. BADUNAME37

    BADUNAME37 Member

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    It would seem to me that your family member can give you a gun as a gift as long as it wasn't planned ahead of time where you will pay for him to buy it for you which I think is referred to as a STRAW PURCHASE.

    As for the gift he will be giving you, I would just write the date and model/serial numbers of the gun on the instruction booklet front cover and both sign it and give him a copy of the signed and dated cover page for his records.

    That way, in the future, you know and he knows where the gun came from and where it went to.

    Yes, the gun would be registered in HIS name, as he is the buyer. Also, on the form he signs, he states that he is not buying this firearm for any other person.
     
  3. treeman

    treeman Member

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    Ok, thank you very much. Is there a way to "transfer" this gift to me so that it will be in my name?

    Thanks again.
     
  4. BADUNAME37

    BADUNAME37 Member

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    Yes, you buy it and YOU fill out and sign the yellow BATF form which, among other things, basically states the firearm is for YOU and only YOU.
     
  5. GRIZ22

    GRIZ22 Member

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    The way you can avoid any problems with the scenario you give is for him to bring the gun to a FFL in FL who transers the gun to you.

    Yes a fee will be involved but that's better than a felony.
     
  6. dfunde01

    dfunde01 Member

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    If this is to truly be a gift, he can give you the money and you can buy it at home. If you ever go to visit him in Tennessee you can buy and fill out the paper work yourself. You do not have to be a resident to purchase a long gun out of state.
     
  7. treeman

    treeman Member

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    Thank you again guys. Ok, so it looks like a no go then. Guess we can just try and buy it down here when he comes to visit. I appreciate the responses.

    Thanks!
     
  8. Sunray

    Sunray Member

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    "...so that it will be in my name?..." No need. Florida requires no permits to buy nor registration of any firearms.
     
  9. NavyLCDR

    NavyLCDR member

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    Oh boy. Here we go:

    It is AGAINST FEDERAL LAW, to receive ANY firearm, long gun or handgun from an out of state resident. PERIOD. It does not matter if it is a gift, or a sale, or father to son. The ONLY exception is the passage of the firearm as an inheritance when someone dies. The transfer MUST go through an FFL. If it is a handgun, the FFL must be in the recipient's state of residence. For a long gun, in LIMITED cases the FFL may be in the giver/seller's state, but always may be in the recipient's state.

    and

     
  10. NavyLCDR

    NavyLCDR member

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    This statement is not exactly true. Florida residents can only purchase long guns out of state from FFL's in states that are contiguous to Florida. This is by combination of Federal and Florida State Law. Federal law says the purchase can occur if the sale complies with the conditions of sale allowed by state law in both the seller/buyer's states. Florida state law then sets the conditions of sale as to be only in contiguous states.
     
  11. deadin

    deadin Member

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    ---Again!

    Hey LT,
    I wonder if we should start a anchor pool on just when you're going to get tired of repeating this information. :D
    (I pretty much gave up a couple of years ago. It got too frustrating.)

    All in jest,
    Dean
    USN(Ret)
     
  12. withdrawn34

    withdrawn34 Member.

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    As long as you are not a felon.
     
  13. JKimball

    JKimball Member

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    So is there a legal time frame for "temporary?"
     
  14. Bubba613

    Bubba613 member

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    Short answer: Is it legal? No.
    Is anyone going to find out? No. Neither TN nor FL has any gun registration.
    Draw your own conclusions. I have yet to see or hear of anyone prosecuted under this particular scenario. One ATF agent I heard about when given that scenario said pretty much "who's gonna know?"
     
  15. NavyLCDR

    NavyLCDR member

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    AND RESIDENTS OF THE SAME STATE!

    And +1 what Bubba613 said, without advocating doing anything illegal on THR, of course.
     
  16. PeteRR

    PeteRR Member

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    About 15 years ago, I had a member of the firearm's office of the NJ state police tell me the same thing. My brother-in-law wanted to give me an 870 shotgun as Christmas present on my yearly trip to Houston. The Trooper told me since Jersey doesn't register long guns and I possessed a legal FID card, nobody would be able to tell where I bought it or when.

    We went to a pawn shop where I admired all of the lightly used shotties and he bought me a very nice used 870 in excellent condition for $200.
     
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