Transfer of guns as a gift.

[steverjo]

My father-in-law lives in Florida and I live in California. He has several Colt 1911 .45's that he wants to gift to me. Can he ship them to me? or can I drive there and pick them up? or do we have to go through a FFL?

 

[loop]

If they are shipped they must got through an FFL on your end. Although it isn't necessary, he may find it difficult to ship without an FFL on his end. UPS gave me a rash of crap last time I shipped a gun out, but you don't need one to ship out - just to receive.
If delivery is made in person, no paperwork is necessary as gifts as long as they are in your home state or his home state.
In the PR of California you want to check state, county and city laws. In Florida he can just hand them to you with a smile.
If in another state you must check the local laws.
For several 1911s I'd make the drive to Fla. It's a real nice time of year to tour the Southern U.S.
But, check the laws in all the states you have to drive through on the way back. Strange as it may seem Texas has some weird carry laws.

 

[Soybomb]

http://www.atf.treas.gov/firearms/faq/faq2.htm#b2

(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]

As usual your internet legal advice is worth what you paid for it. They have to go to a FFL in your state.

 

[Gator]

If delivery is made in person, no paperwork is necessary as gifts as long as they are in your home state or his home state.

Not so, as Soybomb said they have to go through an FFL in your state. No matter if they are shipped or if your Dad delivers them.

 

[JerryM]

Gator is absolutely correct.
Best,
Jerry

 

[mekender]

i believe that in CA pistols HAVE to go through a ffl anyways... even if you dad lived in CA with you

 

[Mojo-jo-jo]

Others are correct, you CAN NOT privately transfer firearms if the buyer/seller (or giver/gifted) are not residents of the same state. You can not legally pick them up from him in FL, nor can he legally deliver them to you in CA.

Your father-in-law will need to ship or personally deliver the firearms to a Federal Firearms Licensee in California to be transferred to you. You must also be sure that the firearms comply with all California laws.

 

[Mauserguy]

Also, if you get the guns in person, and don't go through an FFL, then you must register them yourself with the state. You have to fill out a state registration form and mail it in with ten bucks. If you don't you are breaking the law and are subject to arrest.
Mauserguy

 

[esq_stu]

I've bought my father (in another state) several guns as gifts. He had to get a purchase permit in his state and I sent the guns to an FFL dealer near him to do the paperwork.

 

[nalioth]

Strange as it may seem Texas has some weird carry laws.

Not after the new laws went into effect last September.


Besides, if you are traveling, you are covered under the federal traveling law.