Can I give a handgun to my son who lives in a differnet state?

[tbeb]

I live in Indiana. My son lives in Kentucky. If I give him a handgun without using a FFL holder, am I breaking state and/or federal law. I think I know the answer and you might to, but I hope to hear from those of you who know for sure. Thanks.

 

[teumessian_fox]

It's been awhile, but IIRC, you'll have to go through a FFL.

 

[TrakHack]

I was actually researching this last night as my dad wants to give me one of his handguns. I was unsuccessful in finding any federal laws that specifically address this kind if interstate transfer, but it's entirely possible I wasn't looking in the right place. Lots about interstate transport, not so much about interstate transfers among family and friends.

I'm going to check my state's law next.

 

[dogtown tom]

TrakHack I was actually researching this last night as my dad wants to give me one of his handguns. I was unsuccessful in finding any federal laws that specifically address this kind if interstate transfer, but it's entirely possible I wasn't looking in the right place. Lots about interstate transport, not so much about interstate transfers among family and friends.

I don't know where you did your researching, but the ATF website is as good a place as any: http://www.atf.gov/

"Family and friends" don't get any special treatment or exemption from the Gun Control Act of 1968. Transfers between residents of different states are exactly the same as if between two strangers.

From the ATF Firearms FAQ's:

Q: To whom may an unlicensed person transfer firearms under the GCA?A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

Q: From whom may an unlicensed person acquire a firearm under the GCA?A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

-By "license" they refer to a Federal Firearms License.
-the little numbers below each FAQ answer are the citations from the US Code of Federal Regulations (the law)

Meaning...........

Your father must ship the gun to a licensed dealer in your state, where you must complete a 4473 and pass the NICS background check to receive your firearm.

 

[CoRoMo]

Tom's right. One thing I could add is that, if the handgun is technically defined as an antique, then it is not a firearm, and you can ship it, even via the USPS, right to him. Even in this situation though, state and local laws might still get in the way. I'm certain that this is not the case, but anyways.

 

[Sam1911]

Listen to Tom. He's given you the info straight from the source.

Interstate transfers go through a dealer -- unless the giver is DEAD and the gun is listed specifically in the will as going to the receiver.

 

[SaxonPig]

You know, I'm just about tired of being told to obey BS laws that don't affect criminals or deter crime in the least but only inhibit the law abiding.

If I wanted to give my son a gun I believe I would just send it to him.

 

[Sam1911]

If I wanted to give my son a gun I believe I would just send it to him.

SEND? Wow. Now I'm losing count. That's a federal felony for the transferer who's giving, a federal felony for the transferee who's receiving, and a federal felony for shipping a gun across state lines to a non-licensee. Any more?

 

[Magoo]

More than likely you can find a handful of FFL dealers in his area that can do the transfer. Often times it'll only cost $20. Cheap price to pay to stay on the good side of the ATF.

Put his zip code in at this link and see what you can find: http://www.gunbroker.com/FFL/DealerNetwork.aspx

 

[teumessian_fox]

If I wanted to give my son a gun I believe I would just send it to him.

Yeah, make your son a felon. Maybe you both could lose your rights to own firearms. Smart.

 

[swinokur]

You can lend for "sporting purposes". Open ended loan?

 

[Jim Watson]

if the handgun is technically defined as an antique, then it is not a firearm, and you can ship it, even via the USPS,

I do not think so.
The USPS definition is stricter than the BATF's.
As I recall, it would have to be a muzzleloader to be mailable by an American Commoner. Heck, I had to get my FFL to sign off when mailing a pellet pistol to the service center.

 

[SaxonPig]

S1911 & TF- I don't believe the average person can go 72 hours of their normal daily routine without violating numerous laws without even trying. There are too many and 99% are BS.

As someone once observed, it's only illegal if you get caught... and convicted.

As John Adams observed, it is our duty to ignore bad laws.

 

[Black Butte]

If I wanted to give my son a gun I believe I would just send it to him.

Family reunion in cell-block C.

 

[TrakHack]

Thanks for the info and the actual letter of the law. Since I don't really want it, I'll tell my dad to hang on to that gun until he's dead. Shouldn't be a problem.

 

[tbeb]

I didn't thing I could.

(I guess I should've gave him the handgun a couple years ago when he lived in Indiana. Wait... I could give him a handgun that I owned when he lived in Indiana, along with paperwork showing a date back then...)

 

[OcelotZ3]

Heck, it's not that far to drive to KY from Indiana... Used to do it all the time from Terre Haute.

Drive to an FFL in KY, do the transfer, all done...

 

[dacavasi]

In my own experience, I had to use an FFL on both ends of a transfer from my Dad's estate for a pistol, from MI to TX. YMMV

 

[Brass Rain]

If two people live in the same state and one gives another a gun and the receiving party leaves the state with said gun, is there any legal issue there?

 

[Losov]

Can he not lend the firearm to his son for sporting purposes?

 

[ultradoc]

what if you visited him and 'accidently' left it there?

 

[Sam1911]

In my own experience, I had to use an FFL on both ends of a transfer from my Dad's estate for a pistol, from MI to TX. YMMV

If the gun was left to you, specifically, in the will, then that was not necessary. You could have picked up the gun and brought it home with you. Of course, if the gun needed to be shipped, that complicates matters.

If the gun was not left to you specifically, but was part of the estate that passed to your mother or something like that, then yes, it would have had to be transferred via. FFL dealers.

 

[swinokur]

Can he not lend the firearm to his son for sporting purposes?

I mentioned this a few posts back. It is perfectly legal to lend a weapon for "sporting" purposes without an FFL transfer. I lent my G22 to a very close friend in Atlanta over a year ago. Perfectly legal. Go read the BATFE web page. It is in their FAQ IIRC

 

[Sam1911]

If two people live in the same state and one gives another a gun and the receiving party leaves the state with said gun, is there any legal issue there?

As long as your state's laws do not require an FFL dealer to transfer guns between individuals, then no, that would be fine.

(Here in PA, for example, all handgun transfers must go through a dealer. Rifles and shotguns can be done person-to-person.)

What the resident of your state who receives the gun does with it afterward is not an issue at all. Moving to another state with a gun you already own is perfectly legal (so long as you follow the laws for owning that gun in the new state of residence).

 

[Sam1911]

Can he not lend the firearm to his son for sporting purposes?

As swinokur mentioned, the ATF says:

Q: To whom may an unlicensed person transfer firearms under the GCA? ... A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law....[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

What is "temporary?" A week? A month? Ten years? For life?

What are "sporting purposes?" A hunting trip? Self-defense in perpetuity?

The ATF has an AWFUL lot of leeway in interpreting these rules. Hate to have to prove it was just a temporary loan for sporting purposes.

And, of course, that gun cannot be SENT to him via the mail or common carrier, it would have to be hand-delivered. It could only be sent to an FFL holder in his state, and the FFL would have to transfer it on a 4473, thus making the question moot.