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TN guy "Gift" handgun (must be free) to family FTF, from AL?

Discussion in 'Legal' started by Ignition Override, Nov 3, 2019.

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  1. Ignition Override

    Ignition Override Member

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    When my brother drives up for a visit-lives in Fairhope (AL)- can I Give him a Sig P228----with nothing else required by law?

    If so, can it work in reverse, whether we are both in TN or AL....months later?

    FTF always means in person.
    I'm saying exactly what I mean--no hidden agendas, deception. That's everything.
     
  2. RETG

    RETG Member

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    Sure, if you ship it to an FFL in AL.
     
  3. BigBore44

    BigBore44 Member

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    It’s my understanding that you can give it to him. But you have to do a transfer through an FFL. I cannot give my brother, who is a police officer in Arkansas, a firearm without going through an FFL.
     
  4. Telekinesis

    Telekinesis Member

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    In short, no.

    All transfers (with very few exceptions like bequeath by a will) between residents of different states MUST go through a FFL. If the firearm is a handgun, the FFL must be in the recipient’s state of residence. Being related to the other person has no bearing on the process. There is no “family exemption” for this law.

    Now assuming you and the recipient are both at a FFL in the recipient’s state, you can both physically walk into the store and do the transfer (ie you don’t have to ship the gun if you’ll both be there) but the transfer must be through a FFL.
     
  5. MedWheeler

    MedWheeler Member

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    Yep. If you gift it to him in person, you need to do it at a FF Licensee in Alabama.

    If he gifts it to you in person, you need to be at one in Tennessee.

    That's my understanding as well.
     
  6. WestKentucky

    WestKentucky Member

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    Sucks but they summed it up well. If your wanting to give him a gun (generically) then you have 2 realistic options, you can either send/give him a gun via FFL, or give him money to buy said gun and clearly state that you are giving him a gun, but said gun will legally be his, but the make, model, price is XYZ at Goobers. Check made out for that exact amount to HIM so that HE can legally go and buy HIMSELF a gun. If it’s a specific gun (grandpas grizzly charmer) then you have to do the FFL thing.
     
  7. Theohazard

    Theohazard Member

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    @Telekinesis summed it up pretty well in post #4. And just to clarify, this is federal law he’s talking about; people living in states that allow face-to-face private transfers still have to follow federal law in this regard. It seems that many people don’t realize that interstate private transfers have been regulated by federal law since the Gun Control Act of 1968.
     
  8. Frank Ettin

    Frank Ettin Moderator Staff Member

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    Bottom line:

    A resident of one State giving (or selling) a handgun to a resident of another must do so through an FFL in the transferee’s State of residence. That’s been federal law since 1968.

    The same thing has neen said in different ways in this thread but others. There’s really nothing more to say.
     
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