Gifted a gun from a different state.

[Traffer]

OK, I had a different post in which I inquired about the legality of having a gun sent from a different state to me by a private party. I have a new situation that, if someone can clarify for me, I would appreciate:
A person wants to give me a gun who lives in another state. Can I go to that state and pick it up from that person. Neither my state nor his requires a FFL Dealer to do a private transaction. Thanks for your patients with me.

 

[Librarian]

Can I go to that state and pick it up from that person.

No. If it would be a handgun, federal law requires the transfer occur at an FFL in your home state.

If it were a long gun, federal law would allow transfer at any FFL, though it seems not a lot of FFLs know that. If you live in a goofy state like California, the transfer would have to happen in CA, at a CA-licensed FFL, by CA state law.

 

[JohnKSa]

With the exception of a bequest, firearms transfers between two people who are not residents of the same state require an FFL.

 

[Sam1911]

A person wants to give me a gun who lives in another state. Can I go to that state and pick it up from that person.

No.

Neither my state nor his requires a FFL Dealer to do a private transaction.

That doesn't matter. As the gun is transferring across state lines, FEDERAL law takes over and by federal law that transfer must be done through an FFL Dealer. If it is a handgun, that dealer must be in YOUR state (the "transferee"). If it's a long gun it can be done at a dealer's shop in either state.




There are two instances where someone who's not a dealer can do a direct transfer of a firearm:

1) You hold a Type 03 "Collector's" firearms license, AND the gun is either over 50 years old or is otherwise on the Curio & Relics list.

2) The current owner has DIED, AND he said in his will that you were to be given that specific gun as part of the final disbursement of his possessions. The executor of that will can directly give the gun to you.

 

[Frank Ettin]

OK, I had a different post in which I inquired about the legality of having a gun sent from a different state to me by a private party. I have a new situation that, if someone can clarify for me,....

You asked that question and got a definitive answer in this thread: Picking up a gun for me.

Specifically see post 6 in that thread:

...Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.).....

In that post applicable federal law is explained, cited, quoted and all exceptions to the FFL requirement noted. Picking up the gun yourself isn't one of the few exceptions.

Furthermore, see post 10 in that thread:

Could I go and pick it up myself?

If the seller is not an FFL dealer, you HAVE to go through an FFL dealer to make a transfer of a firearm from a resident of any other state.

If it is a rifle or shotgun you could go there, meet at his local FFL and do the transfer there. If it is a handgun it has to be transferred at a dealer in your home state....

How could you not have understood that? And even if you had gotten a different answer in this thread, that would not have changed federal law.

 

[Frank Ettin]

...Thanks for your patients with me.

The word you want is "patience." And I've lost any patience I might have had for your questions on this subject.

 

[Frank Ettin]

Considering that this is the second thread on this issue and the topic has been well covered, there's no reason to continue this.