purchase/gift scenario.

[Sharps-shooter]

I'm wondering about the legality of a particular hypothetical scenario:

I have a family member who lives in PA. I'm in KY right now. I buy a gun (specifically a bushmaster AR15, if that matters) here and give it to him/her as a gift. Family member then takes it back to PA. Is this all legal?

I'm thinking it's kosher, because the ATF says you can give guns as gifts; but I'm just wondering if anyone more experienced has dealt with this scenario before (I know, "ask your lawyer", but I don't have a lawyer who knows about this sort of thing; what kind of lawyer would that be, anyway?).

 

[Picard]

If the gun is legal in that person's state of residence and if that person could legally own it anyways, I don't see why it wouldn't be legal to do.

 

[DMF]

The so called "gift exception" relates to whether or not a purchase of a firearm is a "straw purchase." However, there is no "gift exception" to the laws regarding interstate transfers. Non-licensees who are residents of different states may NOT transfer firearms to each other. Therefore the scenario described in the original post is illegal.

However, as I regularly advise, if this more than a hypothetical then don't take the advice found on the internet, including mine. You should consult with a competent attorney who has knowledge and experience in dealing with the relevant local, state, and federal firearms laws.

 

[brickeyee]

ALL transfers of ownership across state lines have to go through an FFL (the lone exception is a bequest in a will).

If you are in KY and can purchase a gun, you would have to move back to PA while still owning the gun and then you could give it away in PA.

If you are still in KY you can transfer the gun at an FFL in either state (long arms only) as long as all the rules for BOTH states re followed.

 

[rkba_net]

It is a violation of the Gun Control Act of 1968 to sell, give as a gift etc etc ANY firearm to an out of state resident. The firearm needs to be shipped to an FFL in the recipents state for transfer.