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Receiving rifle as a gift...while moving.

Discussion in 'Legal' started by Copernicus1473, Dec 30, 2012.

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  1. BSA1

    BSA1 Member

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    Wow! Somethings really are that easy.
     
  2. NavyLCDR

    NavyLCDR member

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    27 CFR 478.11 (Code of Federal Regulations) defines state of residency as being present in a state with the intention of making a home there. To establish proof of residency to an FFL the person must provide a government issued document showing the current residence address (such as a hunting/fishing license) to supplement their out-of-state driver's license which establishes identification.

    There is no proof of residency required for a private sale/transfer of a firearm which is only legal between residents of the same state according to the 1968 Gun Control Act, 18 USC 922 (a)(3) and (a)(5). Which is the answer to md2lgyk's question in post #22. For example, Joe Citizen show's up at the house next door to me with a moving truck and starts moving furniture in. I can sell him a handgun or rifle on the first day, privately, no FFL required, because he is obviously present there with the intention of making a home there and is now a resident of the same state I am, Washington.
     
  3. Sam1911

    Sam1911 Moderator

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    FFL dealers are (or should be) quite familiar with firearms that have no serial number, as quite a few did back in the first half of last century. This shouldn't be any bother to them.

    I don't believe there really is any practicable remedy. What's done is done, and you can't exactly go and get it from him without committing the same "crime" again. At the end of the day, there's really no record or discoverable proof of this crime, except for what you've just posted here.
     
  4. Frank Ettin

    Frank Ettin Moderator

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    But remember that to satisfy the federal definition of "resident" you must be there with the intention of making the State your home. So if you you would need some evidence to support your claim.

    Arriving with a truck containing your household goods on your way to the home you bought in that State would be that sort of evidence. Just cross the state line in your car while you have a job, a house, a family, etc., back in another State isn't going to get you anywhere.
     
  5. NavyLCDR

    NavyLCDR member

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    Not to an FFL, though. Federal regulations require a government issued document with the current address of residence on it.
     
  6. Frank Ettin

    Frank Ettin Moderator

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    Absolutely true. There are really two issues: (1) being able to demonstrate that you are present in a State with an intent to make it your home, so that you can satisfy the ATF definition of "resident"; and (2) being able to document that for an FFL in a manner that satisfies applicable state and federal law.
     
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