He and his daughter would need to go to a cooperating FFL to have the transfer done in compliance with all federal (e. g., 4473, background check, etc.) and any required state formalities.hso said:What if he were visiting her and he wanted to give his firearm to her?
18 U.S.C. 922. Unlawful acts
(a) It shall be unlawful—
...
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph
(A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,
(B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and
(C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;
...
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
....
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
...
(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph
(A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and
(B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
...
So... You're not interested in giving her a gun anymore?Well, she's 30. I just took her shooting for the first time. First round out of the 9mm, target went ding. First round out of the .44 went ding.
She said, that's enough for me!!!
I don't think she's cut out for firearms.
jrdolall said:Define "transfer". I live in GA so would it be legal for me to allow my brother in Alabama to "borrow" a rifle or a pistol? He doesn't do guns so it's not going to happen but what if?
If he came to visit you, you could loan him a gun temporarily (subject to state law) so you could go target shooting together or hunt together. He could not take the gun home with him, nor could you send the gun "on loan" to him in his State.jrdolall said:Define "transfer". I live in GA so would it be legal for me to allow my brother in Alabama to "borrow" a rifle or a pistol? ...
1 a : the act of having or taking into control...
...Transfer encompasses the sale and every other method, direct or indirect, of (1) disposing of property or an interest therein or possession thereof;...
2. Law To make over the possession or legal title of; convey.
Any and every method of removing something from one person or place to another; specifically, the handing over of possession or control of assets or title. ...
(a) It shall be unlawful—
...
(3) for any person, ... to transport into or receive in the State where he resides ...any firearm purchased or otherwise obtained by such person outside that State,...
(a) It shall be unlawful—
...
(5) for any person ... to transfer, sell, trade, give, transport, or deliver any firearm to any person ...who the transferor knows or has reasonable cause to believe does not reside in ... the State in which the transferor resides..;
(a) It shall be unlawful—
...
(3) for any person, ... to transport into or receive in the State where he resides ...any firearm purchased or otherwise obtained by such person outside that State,...
(a) It shall be unlawful—
...
(5) for any person ... to transfer, sell, trade, give, transport, or deliver any firearm to any person ...who the transferor knows or has reasonable cause to believe does not reside in ... the State in which the transferor resides; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest ..., and..
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
: continuing for a limited amount of time : not permanent
: intended to be used for a limited amount of time
...of, relating to, used, or suitable for sport...
: the reason why something is done or used : the aim or intention of something
ROCK6 said:I understand the law, but I don't think it was intended to make gifting illegal....
Understand that the list really has no legal effect. If you really want a certain result you need to make sure that the guns, and who should get them, are listed in a properly drawn, legally valid will. Otherwise, you can't be sure.ROCK6 said:....I do have a running list of which firearms go to my son and my daughter. I just have them notarized, but not necessarily in my Will yet....
Those laws might make no sense to you, but a judge will think differently. We need to understand the laws as they are and as they are likely to be applied by the courts.ROCK6 said:...A good case where bureaucrats, not gun owners, make laws that just make no sense...
That would be strictly a matter of state law since it doesn't involve an interstate transfer. I suspect that in many States it would be okay; but since I haven't done the research for all the States (and have no intention of doing the research), I won't opine on the question more definitively.javjacob said:Can you give a gun to your wife who lives with you obviously? Without having to do some FFL transfer crap?....
Frank Ettin said:Those laws might make no sense to you, but a judge will think differently. We need to understand the laws as they are and as they are likely to be applied by the courts.
Interesting question in a joint property state.Paraphrased: "Can I give it to my wife (who lives w/ me)?"
It beats me -- at least for now. I haven't done the research, and I really don't have any immediate plans to do the research.MEHavey said:...For Frank: What is I-594/Wash State law on UBC now interpreted to mean ?
Absolutely. Well done.yugorpk said:....Can I keep my answer?