Interstate Firearm Transfer Question...

[dk-corriveau]

OK, here is the situation...

My Father is going to give me one of his J-frames. He wants an all steel version, his loss my gain.

He lives in NY and I live in Florida and I am wondering what must be done to make everything legal with me taking ownership of it. Will we have to go through an FFL or can we do this "face to face" if you will?

As I read the law, and please correct me if I am wrong, he could legally transport the firearm to Florida and simply give it to me once he arrives, as the federal laws only apply to inter-state purchases and not to gifts.

What do you think?

 

[zoom6zoom]

I

the federal laws only apply to inter-state purchases and not to gifts

ATF refers to any of these transactions as transfers. I can't find anything to differentiate between purchases and gifts.
http://www.atf.treas.gov/firearms/faq/faq2.htm

 

[News Shooter]

It will have to go through a FL ffl

 

[Conqueror]

Even if not strictly required, FFL transfers are easy, cheap, and quick in Florida. Why risk the ATF crawling up your butt just to save $25 and the cost of shipping?

 

[dk-corriveau]

Even if not strictly required, FFL transfers are easy, cheap, and quick in Florida. Why risk the ATF crawling up your butt just to save $25 and the cost of shipping?

If I can save $25+ dollars and be legal, I would prefer to save the $25. But if the FFL is the only way to do it, then that is the way we will go.

Thanks for the input.

 

[dk-corriveau]

zoom

ATF refers to any of these transactions as transfers. I can't find anything to differentiate between purchases and gifts.
http://www.atf.treas.gov/firearms/faq/faq2.htm

I was reading that before posting and I find it to be unclear. Looking at the actual legal code it reads as follows:

18 U.S.C. 922(a)(3) It shall be unlawful— 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;

So does this gift from my living father qualify as a bequest? My guess is probably not.

 

[NavyLCDR]

The only snag I can see is that doesn't NY have gun registration laws? I know Florida doesn't. You might want to check in NY and see how the registration is handled. Other than that, whether by the letter of the law or not, I seriously don't think the ATF is going to concern themselves with a father giving his son a gun as a gift as long as it is not shipped interstate by a shipper and neither the father nor the son are for some reason not legal to possess a gun.

The ATF has bigger things to deal with than father's giving their sons firearms as gifts.

 

[Conqueror]

^^Except is IS being shipped interstate. Interstate transfer has still taken place even if he takes posession in NY and travels back to FL. That's why you can't buy a handgun in a state where you don't live.

Bequest = will and testament, not gift. A gift transfer doesn't fall under the bequest protection. Normally a gift from father to son wouldn't require an FFL, but you're an adult son living in another state. I'm no lawyer but I'm fairly confident you should go through an FFL.

 

[Gator]

Will we have to go through an FFL...

Yes. Its a handgun crossing State lines, therefore it must go through an FFL in FL. He can bring it to FL then you can both go to an FFL who will do the transfer.

"A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides."

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]