Is it still legal to "gift" a firearm ?
Is it still legal to "gift" a handgun to a relative? Are transfers required? Heard one person say it HAD to be transferred WITHIN the confines of your state. Any info. would be appreciated.
NRA Patron Life Member
Dormant U.S.Marine-Semper Fidelis
NRA Patron Life Member
Dormant U.S.Marine-Semper Fidelis
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Staqte laws vary, Federal law allows it within state, Most states allow it without any paperwork 0 -
Your profile doesn't say what state you're in. Most states allow it unless handguns are registered, in which case transfer is required. However, if it's an interstate transfer, it must go through an FFL dealer. 0 -
My state does not require handguns to be registered. Relatives home state is Texas, and I'm not sure of their handgun laws. If the gift were given face to face in my home state, would it be legal for relative to carry home with CCW permit? 0 -
quote:Originally posted by Mgderf
My state does not require handguns to be registered. Relatives home state is Texas, and I'm not sure of their handgun laws. If the gift were given face to face in my home state, would it be legal for relative to carry home with CCW permit?
I don't know why your home state is such a secret but a handgun being transferred to an out-of-state resident must go through an FFL.0 -
Yes, its absolutely legal to give someone a gun as a gift.
Any interstate transfer of guns [edit between individuals] requires an FFL transfer.
In practice, this is really not that difficult, though there is some modest expense involved both in legal shipping and in FFL transfer fees. Many FFLs charge $25 for a tranfer, though the rate can be higher depending on competition/location/state, etc.
If I were going to do a transfer of many different guns to one individual at once, I would try and negotiate a fixed transfer price from the receiving FFL for all of them in advance.
Within a state, it may be legally permissible to just transfer the guns with no paperwork whatsoever, (depends on the state in question), though obviously the person receiving the gun(s) has to be legally capable of owning them.0 -
quote:Originally posted by Mgderf
My state does not require handguns to be registered. Relatives home state is Texas, and I'm not sure of their handgun laws. If the gift were given face to face in my home state, would it be legal for relative to carry home with CCW permit?
No it would not, but as stated above transfer fees are modest and very likely for $25 at either end you can make the gift entirely legal. Unless it is a Raven or Jennings or similar, I would certainly be willing to pay for both transfer fees to have you send me a handgun or a rifle.0 -
Technically, NO. It can be bequeathed to someone in a will, "gifted" to a resident of the same state, but unlawful for him to "recieve" when crossing a state line. Carrying it home- CCW varies, depending on what state issued CCW, and what states he is traveling thru. LEGAL way is to ship to a FFL in his home state. C&P from Federal code- see part in red:
? 922. Unlawful acts
How Current is This? (a) It shall be unlawful-
(1) for any person-
(A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or
(B) except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce;
(2) for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that-
(A) this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector;
(B) this paragraph shall not be held to preclude a licensed importer, licensed manufacturer, or licensed dealer from depositing a firearm for conveyance in the mails to any officer, employee, agent, or watchman who, pursuant to the provisions of section 1715 of this title, is eligible to receive through the mails pistols, revolvers, and other firearms capable of being concealed on the person, for use in connection with his official duty; and
(C) nothing in this paragraph shall be construed as applying in any manner in the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States differently than it would apply if the District of Columbia, the Commonwealth of Puerto Rico, or the possession were in fact a State of the United States;
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;0 -
Spider,
Not trying to be secretive about my residence. Since you pointed it out, I added it to my profile. Home state is Indiana
Thanks for the info everyone.0 -
quote:Originally posted by Mgderf
Spider,
Not trying to be secretive about my residence. Since you pointed it out, I added it to my profile. Home state is Indiana
Thanks for the info everyone.
I meant no offense but if you lived in a state like New York, your answer would have been much different. Welcome to the forums! [:)]0 -
Mg,
I'm in the Indy area. If you legally own a firearm (non-NFA) and want to sell or give it a IN resident that can legally own a firearm, you are OK. Make sure you know who you are dealing with - in your case family should be fine.0
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