Gifting Pistol to Sibling?

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Rocketmedic

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My 21-year old sister lives in NW Arkansas. Her ex-husband is stalking her, and she's asked to borrow one of my handguns. I'm planning on gifting it to her. Is there anything I should know about this or can I just put it in its case and hand it to her when I see her?
 
A transfer of that kind is against federal law. Since the Gun Control Act of 1968, you would commit a felony in transferring a handgun to any resident of another state without going through a licensed dealer (no, it doesn't matter that she's family) and she would commit a felony in accepting it.

There is a provision for a loan of a firearm to a resident of another state. There is some contention as to whether this extends to taking that weapon to their state and handing it to them, or if it is more limited -- for example, loaning a deer rifle to a pal who's visiting you for a hunt. I'll let others debate that as I really don't know. (What are "lawful sporting purposes?" Is self-defense a "sporting purpose?")

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]
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Since you are in different states, an FFL will be required to transfer it to her. Just find a recieving FFL where she is, mail the pistol to the FFL and have her pay the transfer fee.
 
Sam1911 said:
A transfer of that kind is against federal law. Since the Gun Control Act of 1968, you would commit a felony in transferring a handgun to any resident of another state without going through a licensed dealer (no, it doesn't matter that she's family) and she would commit a felony in accepting it.

There is a provision for a loan of a firearm to a resident of another state. There is some contention as to whether this extends to taking that weapon to their state and handing it to them, or if it is more limited -- for example, loaning a deer rifle to a pal who's visiting you for a hunt. I'll let others debate that as I really don't know. (What are "lawful sporting purposes?" Is self-defense a "sporting purpose?")
Click to expand...

There is also debate as to whether a person can accept a loan of a firearm from a person outside their own state of residence because there is no loaning exception in 18 USC 922 (a)(3):

§ 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;
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It would seem like if you, from out of state, come to my state, I can loan you a firearm in my state....but it seems like it would be illegal for you to accept that loaned firearm in your state.
 
The $25-30 San FFL is going to charge is hell of a lot cheaper than buying a new gun. I say go that route, and be positive it's legal, instead guessing if loaning it is legal or not.
 
If she cant leave town for a while and come to your place...send her 50.00 and send the pistol.

Then read up on the laws of where she is and insist she give you 10 minutes of her time for the gun and the 50.00.

Scary stuff!
 
If you can go see her this weekend or sooner, take the gun with you. When you get there take her to an FFL and do the transfer there and pay for the transfer. In leu of that call a reputable FFL in her area to see if they will accept the gun for transfer and ship it to one that will. Find out how much they charge and send your sister the money plus maybe enough to cover gas, ammo and perhaps a handgun (personal protection) course. The main thing to remember is the transfer must take place in her state not yours.
 
Ohio Gun Guy said:
If she cant leave town for a while and come to your place...send her 50.00 and send the pistol.

Then read up on the laws of where she is and insist she give you 10 minutes of her time for the gun and the 50.00.

Scary stuff!
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Exactly what is that supposed to accomplish? The gun must be transferred through an FFL in the recipient's state of residence whether it is a sale or a gift.
 
mail the pistol to the FFL

Uh, no.
The post office will not mail a pistol for an American Citizen.
You would either have to get a FFL on your end to mail it (probably still cheaper) or use a common carrier like FedUp.
 
If you are concerned about legality, look up the FFL's where your sister lives, call them on the phone, tell them the situation and ask what they will change for a transfer. If you find a sympathetic FFL, he may do the transfer for your sister at reduced rates. Also, some FFLs (like the one I use) will not accept a transfer from a non-FFL. That is his policy, not law, but you need to know before you ship.

When you find an acceptable FFL, FedEx it to your sister, c/o the FFL at teh FFLs address...let your fingers do the walking....you will save money and grief for yourself and your sister. Give your sister the model and serial number of the firearm and maybe, if the FFL agrees, and assuming she has a "wait period", she can get herself cleared to posess the firearm before or by the time it arrives...
 
Well, I'm not going to be able to get up there for a while...I reckon I might as well just give her some money and strongly recommend she get a shotgun or something.
 
Good advice on gun transfer

But I don't want to miss an important point: Having a gun to shoot Ex-Husband is not the sole solution. She also needs to get a restraining order, locks on all her doors and windows, exterior lighting, a dog, keen situational awareness, never be alone, and take absolutely no crap from him whatsoever just call the police whenever he gives her crap of any sort give him NO leeway of any sort ever. He stays on a tight leash.

None of those things take the place of being armed.

But being armed does not take the place of any of those things.
 
I'd send her about 450 dollars and call the gunstores with indoor ranges around her, get her a simple revolver in .38/.357 Mag and have them show her how to shoot it and load it.
 
Instead of giving her the pistol, why can't you:

Step 1: Plan a trip to your sister's place.
Step 2: Immediately send the gun ahead to yourself in care of your sister via UPS or Fedex for use when you arrive.

Should you allow your sister to use said gun before or after your arrival, that's between you and her. Whenever you do make it to see her, you can then transport the firearm back home or ship it forward to your home address.

Edited to add:
After writing that, it just seems a lot easier to find an FFL in her area that will accept a transfer from an individual and be done with it.


-Matt
 
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robhof

My brother's stepson was a deputy sheriff in Fl. and he called restraining orders; target markers, as he served several and almost 1/3rd resulted in injury or death of the party it was designed to protect. He advised all after those incidents to get a gun and get trained or call one of the battered spouse agencies and leave or they will probably be killed by their significant other. This warning dractically improved the survival rate of future requestors of orders. The step son is on medical retirement and teaches ccw classes free to battered women. The mere notification of the order to a controlling batterer often results in a negative result. He teaches in his classes to shoot first and continue to shoot til the danger is over or you are out of bullets. A bad guy violating the order should be considered lethal and treated as a serious threat.
 
Since the Gun Control Act of 1968, you would commit a felony in transferring a handgun to any resident of another state without going through a licensed dealer...
Click to expand...

Not to hijack, but what does federal law say about this (if anything) regarding LONG guns?

Can Dad legally give me a rifle if we live in different states, neither of us is prohibited, and his purchase of the rifle was not a straw?
 
Sorry that you guys are so down on restraining orders.

I think they serve a purpose you aren't thinking about.

I would love for a woman (or grandparent, or victim of any sort) to get one against a stalker, BEFORE she shoots him. Make the law work for her, not against her. Establish the threat with a judge's signature. Then she'll never have to worry about the after-shoot consequences that fill the pages of these Forums. This forum and all the other gun forums are LOADED with threads about what happens after the shoot: Don't talk to the police. Get a lawyer. Protect your assets from lawsuit by the bad guy's family. We obsess on that issue. A restraining order is the PERFECT thing for an armed woman to have when she is being threatened by a particular person.

Please, my friends. Let's help the woman get fully protected. Putting a loaded gun in the hand of an untrained woman is no way to fool yourself that she's fully protected in every respect.

Safeguard her house, car and work place.
Safeguard her legal standing.
And teach her how to shoot.
Now we're doing a lot for the woman.
 
Yeah I'm guessing you have already figured that just shipping one of yours to an FFL near her so she can take fully legal possession of it is really the only route anyone can recommend. Or buy her a different gun, but it would be cheaper for both of you to just send one of yours. Ship some good SD ammunition to her either from yourself or from one of the great online retailers we have like TDS-US, ATG, or MAH.
 
Unless you are active military and your Home of Record is still in Arkansas then just take it home on leave and give it to her. Probably the one and only perk...being able to buy handguns in two states.
 
It is legal for people of different states to borrow your firearms. How long that borrowing period is no one knows.

The best legal bet would be to ship a firearm to a dealer in NW Arkansas for it to be transfered through ATF paperwork to your relative.

Shipping a handgun will run you 30-40 bucks by FedEx or UPS overnight. The dealer in Arkansas may charge another 25-40 to transfer it through ATF paperwork. That is still cheaper than buying a handgun.

Driving from Texas to NW Arkansas just to take the handgun to a dealer would be very expensive because gas is running 3.50 a gallon. You can directly ship the handgun to an FFL from Texas to Arkansas for your relative to get.

I will say this that if your sister is considering a concealed handgun license in Arkansas, the state police is sadly slow at processing those. The state does have a gray law at being 'on a journey' when carrying a weapon without a concealed handgun license. I do believe i'd advise my sister to always be 'on a journey' and carry that handgun on her all the time to be safe if she was in that situation.

Good luck with all that mess.
 
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