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

Discussion in 'Handguns: General Discussion' started by tbeb, Jan 18, 2011.

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  1. tbeb

    tbeb Member

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    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.
     
  2. teumessian_fox

    teumessian_fox member

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

    TrakHack Member

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    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.
     
  4. dogtown tom

    dogtown tom Member

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    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:
    -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.
     
  5. CoRoMo

    CoRoMo Member

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    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.
     
  6. Sam1911

    Sam1911 Moderator

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    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.
     
  7. SaxonPig

    SaxonPig Member

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    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.
     
  8. Sam1911

    Sam1911 Moderator

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    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?
     
  9. Magoo

    Magoo Member

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    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
     
  10. teumessian_fox

    teumessian_fox member

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

    swinokur Member

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

    Jim Watson Member

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    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.
     
  13. SaxonPig

    SaxonPig Member

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    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.
     
  14. Black Butte

    Black Butte Member

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    Family reunion in cell-block C.
     
  15. TrakHack

    TrakHack Member

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    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.
     
  16. tbeb

    tbeb Member

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    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...)
     
  17. OcelotZ3

    OcelotZ3 Member

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    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...
     
  18. dacavasi

    dacavasi Member

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    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
     
  19. Brass Rain

    Brass Rain Member

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    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?
     
  20. Losov

    Losov Member

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

    ultradoc Member

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    what if you visited him and 'accidently' left it there?
     
  22. Sam1911

    Sam1911 Moderator

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    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.
     
  23. swinokur

    swinokur Member

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    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
     
  24. Sam1911

    Sam1911 Moderator

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    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).
     
  25. Sam1911

    Sam1911 Moderator

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    As swinokur mentioned, the ATF says:

    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.
     
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