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Is it legal to give a family member a gun?

Discussion in 'Legal' started by davek, May 21, 2005.

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  1. davek

    davek Member

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    At what point can you give a gun to a family member without it being considered a straw man purchase?

    My mom has an old .38 snubby for home protection, but with her artheritis, she can no longer pull the trigger easily. I kinda worry about her and would like to give her my Sig P229 that I bought a little over two years ago. Additionally, she lives in another state...I'm in Tennessee and she's in North Carolina.

    Are there any legalities that I should be aware of?

    Would I be better off "trading" the Sig for the revolver? Or "selling" the Sig to her for a dollar?

    Thanks.
     
  2. Hkmp5sd

    Hkmp5sd Member

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    You can give anyone that can legally own a firearm a gun at any time and it isn't a straw purchase. A straw purchase is when you lie on the forms to purchase a gun for someone other than yourself, generally for someone that cannot legally purchase a gun themselves.

    The problem in this case is your mother lives in another state. To be 100% legal, you will need to send the firearm to a FFL in NC and then have him transfer the gun to your mother. "Trading" or "selling for $1" will not alter this requirement.
     
  3. davek

    davek Member

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    What if I just brought it along next time I visit her and leave it with her?
     
  4. P95Carry

    P95Carry Moderator Emeritus

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    Sounds like that still leaves the issue of having crossed state lines. So from where I am - looks like you'll have to do an FFL to FFL - to be legal.
     
  5. Hkmp5sd

    Hkmp5sd Member

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    To "transfer" a firearm across state lines, it must go through a FFL (with the exception of bequeathment). Can you store your firearm at your mother's house? Yep. If you just go ahead and give it to her would you get caught for crossing state lines? Probably not. But to legally give her ownership of the gun, you must use a FFL in NC to transfer it.
     
  6. R.H. Lee

    R.H. Lee Member

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    Why does it have to be "hers"? Can't it remain "yours", yet be in her possession?
     
  7. SIOP

    SIOP Member

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    No. The only way for a handgun to be transferred, sold, traded, given, transported, or delivered to a resident of a different state is through an FFL in the recipient's state if you want to stay legal. The only two exceptions are bequests and temporary loans for sporting purposes.
     
  8. Graystar

    Graystar Member

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    Then you'd be violating federal law.
     
  9. gc70

    gc70 Member

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    Just to complicate things a bit, your mother needs to get a handgunl permit to receive a handgun in NC. The permits are "shall issue" but she will have to go through the paperwork.
     
  10. davek

    davek Member

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    You're kidding!

    She's not gonna carry. It's just for home protection.
     
  11. Graystar

    Graystar Member

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  12. JohnMc

    JohnMc Member

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    The permits are $5 and it depends on her county of residence how hard they are to get. It's pretty much certain she can get one, it just takes more or less PITA to get it done. NC requires a "permit to purchase", one for each handgun acquired, $5 each. Some counties let you get quite a few per year, some limit you to the state floor of five minimum per upstanding citizen per year. Some let you get five at a time, some less. And so on.

    Concealed Carry is a horse of a different color, as the saying goes.
     
  13. veloce851

    veloce851 Member

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    Just to play devil's advocate.. what if he took the firearm with him for his own protection and just happened to forget it while visiting mom.
    It would not be illegal for her to hold it at her house until you came to pick it up the next time you came to visit.
    That and I have to say its scenarios like this that I believe the law has no business being involved whatsoever. If I "loan" my mother my gun its no ones business but ours. Now if she commits a crime with it.. then I could be held liable if that arrises.

    But give me a break people.. to think that I have to report in to the government for every little thing in my life.. That is the essence of a police state is it not??

    And honestly.. how many here would even think to ask the government before giving anything to one's own mother.

    If my mom had glaucoma or suffered from bone spurs or chemo therapy for cancer and asked me for some cannibus. I don't give a rats arse what the government thinks. It's a plant God created, I'll give it to her if its going to ease her pain. If I had to spend the rest of my life in prison I'd do it in a heart beat. And consider myself a political prisoner.

    So my opinion is if mom wants a gun to protect herself. I'm not about to ask anyones permission to take care of my mom.
     
  14. whm1974

    whm1974 Member

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    We are already a police state in term of a the numbers of laws on the books and what those laws cover. We just havn't have the full effect of these laws yet.

    Amen brother!

    I think it is funny that (some)southen states have more restrictions on handguns then IL. Yes I got have a permit(FOID) to process a gun. But Idon't have to get a permit for each handgun I own or inform the local LEO that I them.

    -Bill
     
  15. Morty76

    Morty76 Member

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    How many of us went to an FFL when we turned 18 or 21 and had dad or grandpa transfer to us the rifles/pistols/shotguns that he gave us growing up?

    Would you like to call the police or shall I? ;)
     
  16. rickr44318

    rickr44318 Member

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    Just my 2 cents -- what if, God forbid, she has to use that gun to defend herself? She won't need the aggravation of trying to explain her possession in addition to the emotional trauma she'll experience after the event ... especially if some anti-gun prosecutor is involved. If it were my mom, I'd make sure it's a legally documented transfer, if only for her peace of mind.
     
  17. Zundfolge

    Zundfolge Member

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    First off, as long as you and dad or grandpa live in the same state its a non issue. I'm not sure you'd have to do anything about the rifles and shotguns either as its legal to purchase long guns outside of your state of residence and bring them home.

    anyway ... read my signature
     
  18. JohnMc

    JohnMc Member

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    Actually, you don't have to inform the local LEO's in NC unless you live in Durham County [old racist law that's never going to go away]. It is odd though, that some portions of Southern gun ownership are more restrictive than the north.
    I'm pretty certain that intra-family transfers happen ALL the time and nobody's gonna get real upset about it.
     
  19. cropcirclewalker

    cropcirclewalker member

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    Unless the Mom is poor, black, on welfare, with the son who is a bg felon (marginalizing the innocent), which is not the case here, I would love to see that case come up.

    Validation of Jury Nullification.
     
  20. Molon Labe

    Molon Labe Member

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    Seeing that she lives in another state, it would be illegal for you to give the gun to your mother without going through an FFL.

    But it would not be unlawful.
     
  21. Hkmp5sd

    Hkmp5sd Member

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    I like that one. :)

    Kinda like "being detained in a correctional facility" but not "under arrest."
     
  22. HankB

    HankB Member

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    Hmmm . . . too bad you bought the pistol new, and too bad you and your mother didn't live - however briefly - in the same state since you bought the pistol.

    If she had to use the pistol, and the shoot was good, I wonder how many DAs would want to prosecute a feeble, elderly, arthritic little old lady for not going through channels to protect herself?
     
  23. whm1974

    whm1974 Member

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    I would say a bunch. Or they would do so if it wasn't for the backwash they would get.

    Get an older gun, like made in the 60's from a private sale. Give that to your mom. She can always claim it was her late husband's.

    -Bill
     
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