Receiving a gun as a present?

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halfbreed808

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:confused: O.K. I know this has probably been asked before. Anyway my brother lives in Nevada and wants to give me a rifle. What hoops do I have to jump through to get this gun here in the peoples republic of Hawaii?
 
Very simple.

1. make sure that the rifle in question is legal in HI.
2. Locate a FFL dealer who will be willing to accept the rifle from either your brother, or a FFL dealer on his end.
3. Have your brother send the rifle (or have his dealer send the rifle) to your dealer.
4. When it arrives, go to your dealer and fill out the forms/background check/wait the waiting period/whatever and take it home.
 
SHIPPING the gun requires an FFL on one end of the transaction. But the actual "transfer" doesn't require an FFL -- I mean you could pick up the gun next time you're in Nevada and take it back to Hawaii.

-- So long as it meets all the legal stuff. This for a LONG GUN. Interstate transfer of a handgun requires an FFL in all cases.
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Stop posting wrong information.
NO firearm can be transfered across a state border without an FFL being involved.

http://www.atf.gov/firearms/faq/faq2.htm#b1
(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, 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(d), 27 CFR 478.29 and 478.30]

(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

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. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
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A long gun can be transfered in either the seller or buyers state.
A handgun can ONLY be transfered using an FFL in the buyers state.
 
So if my brother comes to Hawaii with the rifle in his luggage, I still have to get an FFL involved? What if he brings it in, then registers it in Hawaii?:confused: Thank you and Aloha.
 
So if my brother comes to Hawaii with the rifle in his luggage, I still have to get an FFL involved?
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Yes, absolutely. I don't know about registration in Hawaii, but if he transfers it to you through a local FFL, you might have to register it, not him.
 
Well if you where not in Hawaii you could just go to your brothers place and take the gun home. Most sane states a private transfer is private then as its your rifle you take it home.
 
O.K. I understand that if he ships it to me, we need to have FFL involvement. Now say he comes home to visit. Brings the gun with him. Registers it here in Hawaii to himself while on his visit. Do we still need an FFL to transfer ownership to me? Aloha.:confused:
 
well thats the deal..its not a transfer..its his gun. You can go on till the cows come home on FFL regs and transfers but he owns the gun so its just like going to nevada with a gun you own and taking it home. It is a bit of a gray zone but thats even legal with a handgun.The key point is there is no trasnsfer he owns the gun.
 
The key point is there is no trasnsfer he owns the gun.
Click to expand...

However, whenever/wherever the Hawaii brother takes possession, without benefit of an FFL, an illegal transfer has occurred because they are not residents of the same State.
I suppose you could try to argue that it's just on "indefinite loan", but I think that would be thrown out. The old saying that "Possession is 90% of the law"
would apply here.

There is one way I know of that would work. The Nevada brother needs to bequeath the gun to the Hawaii brother in his will. (And then die.)
 
make the transfer in Nevada and you won't have to bother with any such nonsense. Nevada respects the right of citizens to exchange private property.
Then just abide by the laws in Hawaii once you get the rifle back there.

Enjoy a few days in the Silver State. We'd love to have you. :)
 
I give up! You can lead a horse to water, but you can't make him drink.
Neveda laws only applies to private exchanges between Nevada citizens.
Federal law governs exchanges between citizens of different States. Federal law allows an out-of-State citizen to purchase (read "take possession of") a long gun from a licensed dealer in another State as long as the two States involved don't have laws against it. Transfers directly between private citizens of two different States is against Federal regulations.
I will admit that the chance of "getting caught" is probably pretty slim, but is it worth it to save the $25 or so it would cost to go thru a dealer?
 
The best thing to say now is "Aloha" because he did...:D He got some good advise and he appreciates it, that is important...

:uhoh:
 
Gonna go through the FFL I know. Got enough :cuss: in my life I don't need more. I really appreciate the help you guys have given me. Could've gotten into trouble without even knowing it. Thank you and Aloha.:)
 
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