Gifting handguns interstate

[jfert92]

Hey guys, so I'm kind of stuck in a situation here. I am buying a handgun in Nevada as a gift for a family member in Arizona. I have searched and searched for what I need to do and this is what I have came up with.

I purchase the handgun, register it (my county requires registry), mail through an FFL to an FFL in Arizona. The only problem is that the recipient is 19, old enough to own a handgun but not to purchase one from an FFL. I am also told that an FFL will not transfer to under 21. Any solutions or corrections?

Thanks

 

[kingpin008]

Unfortunately until the person reaches 21, they're out of luck. The only other option would be a FTF sale (legal for people under 21) but unless they're a resident of the same state (which they don't seem to be) it's illegal.

Sorry.

 

[jfert92]

How about if they are still technically NV residents since I am their guardian and due to their age, their residency is wherever I live but they are already out of state. Could I just mail it to them since they are NV residents?

 

[jfert92]

Or given to them in person and they take it when they move?

 

[kingpin008]

I'm sure someone will correct me if I'm wrong, but unless the person is physically a resident of the same state as you, it's an illegal FTF sale as per federal law.

Could I just mail it to them since they are NV residents?

You may not mail a handgun, period. Only a FFL may mail handguns. If they are a physical resident of the same state, I believe you may ship the handgun directly to them.

Or given to them in person and they take it when they move?

Once again, if they are currently a physical resident of a different state, this is not possible. The firearm would have to go through a FFL on their end in AZ. If they currently physically reside in the same state, then yes, you may perform a FTF sale as mentioned and they can take it with them when they move/move back to wherever.

 

[dogtown tom]

jfert92 Hey guys, so I'm kind of stuck in a situation here. I am buying a handgun in Nevada as a gift for a family member in Arizona. I have searched and searched for what I need to do and this is what I have came up with.

I purchase the handgun, register it (my county requires registry), mail through an FFL to an FFL in Arizona. The only problem is that the recipient is 19, old enough to own a handgun but not to purchase one from an FFL. I am also told that an FFL will not transfer to under 21. Any solutions or corrections?

Waiting two more years is your only legal solution at present

jfert92 How about if they are still technically NV residents since I am their guardian and due to their age, their residency is wherever I live but they are already out of state. Could I just mail it to them since they are NV residents?

You can overthink this and get yourself and the "giftee" in a lot of trouble.

Does your "giftee" have a Nevada drivers license showing your address as their legal residence?

 

[jfert92]

yes, along with their car insurance, registration, school records, everything

 

[NavyLCDR]

Here's the answer in Federal Law. Does the 19 year old giftee meet the definition for resident in Nevada in Federal regulations?

27 CFR 478.11:
http://ecfr.gpoaccess.gov/cgi/t/tex...iv8&view=text&node=27:3.0.1.2.3.2.1.1&idno=27

State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located.

If the 19 year old giftee does not meet that definition of residency for Nevada, then transferring the handgun to them would be illegal. Also, regardless of if they meet that definition, if you are shipping to an address in Arizona, it would still be illegal, because, according to the examples contained in 27 CFR 478.11, the person is a resident of Arizona when present in Arizona with the intent of making a home there, and a resident of Nevada when present in Nevada with the same intent.

 

[jfert92]

Ok, thanks guys!

 

[Art Eatman]

Issue resolved.