ulflyer
Member
Ain't about to argue with any of the above, but were it me, I'd do exactly what 'Card said. And/or just forget and leave the gun at FIL's house when I left...would not be the least concerned about doing that.
How to give firearm as a gift.
- Thread starter PlayboyPenguin
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waterhouse
Member
Let's say I move into a new state, and I legally bring my guns with me. After a while of living in that new state, I sell some of my guns (the ones I brought with me from the old state.)
How long do I have to be in the new state before I can transfer my guns without it being "a transfer to a resident of another state?" What if I have property in two states?
As a dealer, none of this really concerns me, but now I'm curious.
How long do I have to be in the new state before I can transfer my guns without it being "a transfer to a resident of another state?" What if I have property in two states?
As a dealer, none of this really concerns me, but now I'm curious.
PlayboyPenguin
member
Is it a fitted jumpsuit or one of those "one size fits all" jumpsuits. Noone looks good in those.
Bravo11
Member
I've been watching this thread and I guess I'm not up on
the law of the land.
If I buy a gun, complete the required paperwork, and give that gun to my out of state FIL then I'm breaking a federal law? What about an in state FIL? What about all the dads that buy their sons shotguns for Christmas?
the law of the land.
If I buy a gun, complete the required paperwork, and give that gun to my out of state FIL then I'm breaking a federal law? What about an in state FIL? What about all the dads that buy their sons shotguns for Christmas?
Mannlicher
Member
buy where you want and then just give it to him. Geez,
This kind of blows me away. My Father in Law (in Arizona) has a few handguns that I've been trying to talk him into giving me (my family). I guess it would be bad for him to gift them to me.
I've sold a few guns face to face but I never thought to consider if they were from out-of-state. This seems to mean that face-to-face MUST be in-state only.
I used to live in Arizona. I guess it would have been better to get the gift before I left. Hmm, perhaps I'm still a resident after all.
I've sold a few guns face to face but I never thought to consider if they were from out-of-state. This seems to mean that face-to-face MUST be in-state only.
I used to live in Arizona. I guess it would have been better to get the gift before I left. Hmm, perhaps I'm still a resident after all.
PlayboyPenguin
member
I finally got the gun bought, engraved, and sent. I ended up buying one for the FIL and one for my step-father (both .45colt Ruger Vaqueros). I had to use my dealer to ship them to an FFL near both of them. Finding an FFL dealer that would accept them from a private party was for all intensive purposes impossible. They would not even send me copies of their FFL so I could ship them anyway. Was easy to do once I let my dealer handle it.
Sorry to ressurrect an old thread here...
Looks like I'll be heading out to CO this Summer, where my father owns an extra shotgun he may be giving me. CO doesn't have a background check requirement for private transactions, so how would this work? He could just give it to me and it'd be mine, or would we still have to go to a gunshop and fill out the paperwork there? Presumably then I could just fly it back to Washington State as my own, right?
Looks like I'll be heading out to CO this Summer, where my father owns an extra shotgun he may be giving me. CO doesn't have a background check requirement for private transactions, so how would this work? He could just give it to me and it'd be mine, or would we still have to go to a gunshop and fill out the paperwork there? Presumably then I could just fly it back to Washington State as my own, right?
Here in California, the DOJ says that you can transfer a firearm between parents/children or grandparents/grandchildren FTF without any FFL. This is only for longarms, though. Yuo can do the same with a handgun, but I think you have to register it with the DOJ within 30 days.
Anyways, I bought a few offlist AR15-type
lowers a few months ago.
My brother, being stationed in Florida, wanted one. He came home for a few weeks, at which point I gave a lower to my mom (even wrote and dated a gift receipt), who in turn gave it to my brother (also with a receipt).
At no point did I transfer a lower from myself to my brother, which would be illegal.
Anyways, I bought a few offlist AR15-type
lowers a few months ago.My brother, being stationed in Florida, wanted one. He came home for a few weeks, at which point I gave a lower to my mom (even wrote and dated a gift receipt), who in turn gave it to my brother (also with a receipt).
At no point did I transfer a lower from myself to my brother, which would be illegal.
tegemu
Member
Here's a thought, If someone gives me a gun, it is now mine. If at a later date I move to another state, do I have to use an FFL? This is essentially the same as being given a gun this morning then driving across a state line this afternoon, which I believe several posters have stated has to be thru an FFL.
Henry Bowman
Senior Member
If 'ya want to do all all legal and proper, he has to send it to a Washington FFL, who will do the transfer to you, with the 4473 and NICS call, for a small fee.
If you do it the other way, the probability of it being a problem is small, but the consequences are quite large.
If you do it the other way, the probability of it being a problem is small, but the consequences are quite large.
Henry Bowman
Senior Member
tagemu -- It all depends on your (and their) state of residency at the time of the transfer.
So if I were buying it from an FFL in Colorado, would I still have to ship it to an FFL in WA, or could I just bring it back as my own? If I could just bring it back, then I don't see how buying it (or being given it) from someone in CO is different...
Not even sure who I'd ask to get an authoritative answer. Suggestions?
Definitely want to keep above-board on this. I've been applying for police departments, and need to keep my nose clean.
FWIW, I'm a Washington State resident and I think Dad's a Colorado resident (he only lives there part of the year, but I think that's where his driver's license is).
Not even sure who I'd ask to get an authoritative answer. Suggestions?
Definitely want to keep above-board on this. I've been applying for police departments, and need to keep my nose clean.
FWIW, I'm a Washington State resident and I think Dad's a Colorado resident (he only lives there part of the year, but I think that's where his driver's license is).
Henry Bowman
Senior Member
The DL is indicative, but where does he spend more time of the year? Which does he claim to be his state of residence with respect to paying or not paying state income tax? (I know WA has none.)
Yes. There are exceptions that allow long guns to be transfered from an FFL in another state to you (as allowed by state law, usually limited to contiguous states).
Practically speaking, no difference. Legally, all the difference in the world.
If you don't believe me (I am a WA lawyer, but not your lawyer), try atf.gov and look for a FAQ page.
phoglund
Member
Just for my information...Bowman: What's a "WA Lawyer" ? I'd assume Washington except your location says Ohio.
Gun Geezer
Member
'Card Got it Mostly Right
Heck, just carry the pistol down to old Miss and leave it there. No "gift". Just leave it there. It is still yours, just would be nice to have a pistol at the FIL's house to shoot when you come to visit. Save's all the hassle of dealling with the TSA each trip down.
Heck, just carry the pistol down to old Miss and leave it there. No "gift". Just leave it there. It is still yours, just would be nice to have a pistol at the FIL's house to shoot when you come to visit. Save's all the hassle of dealling with the TSA each trip down.
Highland Ranger
Member
I don't get this one . . . . "I bought it in a private sale and lost the receipt."
and
"Don't remeber who I bought it from."
Even in NJ they allow you to own handguns that you had when you moved in from another state and you don't have to declare them or even prove their origin.
Regarding the above hypothetical scenario, how could they possibly prove otherwise unless they taped the conversation between the gifter and the giftee?
The fact that this thread exists proves to me that gun laws are outta way control.
and
"Don't remeber who I bought it from."
Even in NJ they allow you to own handguns that you had when you moved in from another state and you don't have to declare them or even prove their origin.
Regarding the above hypothetical scenario, how could they possibly prove otherwise unless they taped the conversation between the gifter and the giftee?
The fact that this thread exists proves to me that gun laws are outta way control.
Let's see, if there are certain facts that they can determine very easily, without any real work.
1. The date of manufacture on said firearm, by serial number and manufactuer records.
2. Who the Manufacturer shipped it to (since this is a Ruger, the distributor).
3. Which dealer it was sold to.
4. Who that dealer sold it to.
5. Your state of residence. You put it on the paperwork and bound book when you purchased said firearm.
6. Where the gun ended up after you.
If the gun went through a licensee as it was supposed to, BATFE would be able to find records demonstrating that, if you broke the law there would be no records. They would be able to do an excellent job of connecting the illegal transfer to you and him by your relationship (F and/or FIL) .
There would be enough circumstancial evidence to make one's life a living hell.
Henry Bowman
Senior Member
I passed the Washington bar and practiced there for 11 years. Now my practice is located in Cincinnati (since 1998) and I am admitted in OH and KY also. Sorry to have been cryptic.
Indeed. We need to start by rewinding to pre-1968 (Gun Control Act of 1968) and then work on the National Firearms Act of 1934.
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phoglund
Member
Thanks for the reply Bowman. It seems to me we need more pro-gun attorneys such as yourself around.
Gordon Fink
Member
Having money would be a nice start. I can’t afford to give such an expensive gift.
~G. Fink
~G. Fink
HankB
Member
Maybe he actually DID gift it to you then, and you just forgot to pack it when you moved?
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