Purchasing Handgun From Family Member

[PCCUSNRET]

I live in Virginia and want to purchase a firearm from by nephew that moved from West Virginia to Virginia over a year ago. It is my understanding that he received the gun from his dad (my brother) several years ago for a Christmas gift. I know I couldn't buy it from him when he lived in West Virginia without going through an FFL, but now that he is a resident of Virginia can I purchase it from him without going through an FFL? Better still, what if he gave it to me for Christmas? Thanks!

 

[hirundo82]

If you are both residents of the same state (he has established a residence, has a VA driver's license, etc.) there is no federal impediment to him selling or giving the gun to you without going through an FFL. I'm pretty sure VA doesn't have any problem with FTF sales either.

 

[NavyLCDR]

(he has established a residence, has a VA driver's license, etc.)

Having a VA driver's license really has nothing to do with it. Federal law defines residency as presence in a state with an intention of making a home there. The minute that nephew stepped foot in Virginia with an intention of making a home there, he because a resident of Virginia for the purposes of firearms transactions.

Since the two parties are residents of VA, there is no FFL or paperwork required.

 

[PCCUSNRET]

I was able to find where FTF in Virginia is legal between 2 eligible individuals without going through an FFL but I couldn't find the actual residency requirements and I wasn't sure about him being permitted to transfer the gun to me since it originated in another state. Thanks for your help!

 

[Art Eatman]

Question answered...