Is it legal to give a person a pistol?
- Thread starter lbmii
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Instead of trolling chat rooms looking for free legal advice
(which will be worth what you paid - if you're lucky), try actually researching your state's regulations. Start here:
www.packing.org
Then click on your state for a synopsis of what is required. It will probably have additional links to local gun rights organizations, attorneys, etc. as well. It will get you started in the right direction, if nothing else.
Good luck!
(which will be worth what you paid - if you're lucky), try actually researching your state's regulations. Start here:
www.packing.org
Then click on your state for a synopsis of what is required. It will probably have additional links to local gun rights organizations, attorneys, etc. as well. It will get you started in the right direction, if nothing else.
Good luck!
B
boofus
Guest
Shouldn't have any federal problems if you buy the gun for yourself and then give it to a family member as a gift. As long as that person isn't a felon or otherwise prohibited from owning a firearm. State laws might not allow that though.
Lennyjoe
Member
Nice answer Tory 
Anyway, the ATF rules can be found here;
http://www.atf.gov/firearms/faq/faq2.htm#b1
B1) To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his or her state, if the buyer is not prohibited by law from receiving or possessing a firearm, or to a licensee in any state. 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( b)( 3), 27 CFR 178.29]
Also;
(B17) What recordkeeping procedures should be followed when two private individuals want to engage in a firearms transaction?
When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. As noted in FAQs B1 and B2, which are posted on this Web site in the "Firearms" section, a private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are "same-State" residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S. C. §§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.
For information about any State or local regulations that may govern this type of transaction, it is advisable to contact State Police units or the office of your State Attorney General.
Anyway, the ATF rules can be found here;
http://www.atf.gov/firearms/faq/faq2.htm#b1
B1) To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his or her state, if the buyer is not prohibited by law from receiving or possessing a firearm, or to a licensee in any state. 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( b)( 3), 27 CFR 178.29]
Also;
(B17) What recordkeeping procedures should be followed when two private individuals want to engage in a firearms transaction?
When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. As noted in FAQs B1 and B2, which are posted on this Web site in the "Firearms" section, a private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are "same-State" residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S. C. §§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.
For information about any State or local regulations that may govern this type of transaction, it is advisable to contact State Police units or the office of your State Attorney General.
MikeIsaj
Member
If you do this in Pennsylvania the answer will be "we do not give legal advice or opinions."
jefnvk
Member
You should check with someone locally, be it a police office, gun shop dealer, lawyer, etc. I don't think anything federally would stand in your way, as you live in the same state, but there may be state laws you have to deal with.
The_Doc
Member
Yes, he would have to get a permit, unless it's an antique or C&R. Check MO statute 571.080. Without a permit, you both could be charged with a misdemeanor.
from http://www.moga.missouri.gov/statutes/C500-599/5710000080.HTM:
Transfer of concealable firearms without permit unlawful--exceptions --permit valid for thirty days--violation, penalty.
571.080. 1. A person commits the crime of transfer of a concealable firearm without a permit if:
(1) He buys, leases, borrows, exchanges or otherwise receives any concealable firearm, unless he first obtains and delivers to the person delivering the firearm a valid permit authorizing the acquisition of the firearm; or
(2) He sells, leases, loans, exchanges, gives away or otherwise delivers any concealable firearm, unless he first demands and receives from the person receiving the firearm a valid permit authorizing such acquisition of the firearm.
2. A permit to acquire a concealable firearm shall only be valid for thirty days after the issuance thereof.
3. Subsection 1 of this section shall not apply to the acquisition by or transfer of concealable firearms among manufacturers, wholesalers or retailers of firearms for purposes of commerce; nor shall it apply to antique firearms or replicas thereof; nor shall it apply to curio or relic firearms as defined in section 571.010.
4. Transfer of concealable firearms without a permit is a class A misdemeanor.
(L. 1981 H.B. 296 subsecs. 1, 2, 3, A.L. 1998 S.B. 496)
from http://www.moga.missouri.gov/statutes/C500-599/5710000080.HTM:
Transfer of concealable firearms without permit unlawful--exceptions --permit valid for thirty days--violation, penalty.
571.080. 1. A person commits the crime of transfer of a concealable firearm without a permit if:
(1) He buys, leases, borrows, exchanges or otherwise receives any concealable firearm, unless he first obtains and delivers to the person delivering the firearm a valid permit authorizing the acquisition of the firearm; or
(2) He sells, leases, loans, exchanges, gives away or otherwise delivers any concealable firearm, unless he first demands and receives from the person receiving the firearm a valid permit authorizing such acquisition of the firearm.
2. A permit to acquire a concealable firearm shall only be valid for thirty days after the issuance thereof.
3. Subsection 1 of this section shall not apply to the acquisition by or transfer of concealable firearms among manufacturers, wholesalers or retailers of firearms for purposes of commerce; nor shall it apply to antique firearms or replicas thereof; nor shall it apply to curio or relic firearms as defined in section 571.010.
4. Transfer of concealable firearms without a permit is a class A misdemeanor.
(L. 1981 H.B. 296 subsecs. 1, 2, 3, A.L. 1998 S.B. 496)
The_Doc
Member
Beats me - I was just pointing out the statute.
IMHO, I think a lot of Missourians are unaware that a permit is needed for private transfers.
IMHO, I think a lot of Missourians are unaware that a permit is needed for private transfers.
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