Anyone good with the ATF run-around?
So I've tried to find the information on the website, but since I'm not a lawyer, I have a hard time reading some of it, and can't always find the links. Combined with the fact that I can't effectively search old posts (computer is a POS), I have to ask the questions that everyone is sick of answering.
My understanding is that 2 private individuals, not residing in the same state (for the purposes of residency) cannot directly transfer a firearm between themselves. Is that the case (details if iffy, please)?
Secondly, are gifts viewed any differently from sales? Case in point: my buddies know I'm strapped for cash, so they want to buy me a revolver for my birthday. Problem is we're residents of different states, and I really hate paying a dealer $25 for a transfer, plus $35 to ship, and probably more to have it sent from a dealer (this is a used gun, held by a private individual). The extra costs incurred would make it more expensive than buying it new, so I'm rather hoping not to see money wasted.
Thanks for the help.
P.S. E-mails would be great, as my anti-virus crap makes it challenging to get on here. Thanks again.
EDIT:
Assuming a gift would be permitted under federal law, since I'm a resident of IL (and it makes me ill), what recordkeeping/butt-kissing would I have to do to keep Blagojevich's jack-booted thugs from using me as a whipping boy?
EDIT (2):
Can anyone site the laws regarding this, so that if I need to justify my actions, I have the proper materials?
O Lord,
grant me the Serenity
to accept the things
I cannot change
the courage to change the things I can,
and the supreme firepower to make the difference.
My understanding is that 2 private individuals, not residing in the same state (for the purposes of residency) cannot directly transfer a firearm between themselves. Is that the case (details if iffy, please)?
Secondly, are gifts viewed any differently from sales? Case in point: my buddies know I'm strapped for cash, so they want to buy me a revolver for my birthday. Problem is we're residents of different states, and I really hate paying a dealer $25 for a transfer, plus $35 to ship, and probably more to have it sent from a dealer (this is a used gun, held by a private individual). The extra costs incurred would make it more expensive than buying it new, so I'm rather hoping not to see money wasted.
Thanks for the help.
P.S. E-mails would be great, as my anti-virus crap makes it challenging to get on here. Thanks again.
EDIT:
Assuming a gift would be permitted under federal law, since I'm a resident of IL (and it makes me ill), what recordkeeping/butt-kissing would I have to do to keep Blagojevich's jack-booted thugs from using me as a whipping boy?
EDIT (2):
Can anyone site the laws regarding this, so that if I need to justify my actions, I have the proper materials?
O Lord,
grant me the Serenity
to accept the things
I cannot change
the courage to change the things I can,
and the supreme firepower to make the difference.
0
-
Your buddies are not restricted from giving you a revolver or pistol as a gift. They just can't use the mail or common carrier. It must be handed to you in person. Either you visit them or they visit you.
ADDENDUM; Email was sent. Remember, gifts and inheritance is looked at much differently than business. Afterall, most laws are about interstate COMMERCE.
Stolen from, and with thanks, to Kiwibird0 -
quote:Originally posted by p3skyking
Your buddies are not restricted from giving you a revolver or pistol as a gift. They just can't use the mail or common carrier. It must be handed to you in person. Either you visit them or they visit you.
ADDENDUM; Email was sent. Remember, gifts and inheritance is looked at much differently than business. Afterall, most laws are about interstate COMMERCE.
Stolen from, and with thanks, to Kiwibird
You aren't a lawyer by chance, are you?
O Lord,
grant me the Serenity
to accept the things
I cannot change
the courage to change the things I can,
and the supreme firepower to make the difference.0 -
Your question about being a lawyer reminded me of an old comeback about giving oral sex on the subway to get your self-respect back.
Nope, I'm not a lawyer.[:p][:o)]
Stolen from, and with thanks, to Kiwibird0 -
The laws you have to comply with are in relationship to "transfer to and possession of" firearms and are not differentiated by any financial or gratuititous status.
Frog.
RiBBButt...You can't rollerskate in a buffalo herd, but you can be happy if you've a mind to. -Roger Miller0 -
P3skyking & Hedog, both of you have been on this forum to know better than to give legal advice off the top of your head; that could cause problems for other readers, especially since both of you gave incorrect information on this subject.
Anyone with a legal firearms question needs to do what Frogbert did: look it up on the ATF website, or in Federal Firearms Regulations Reference Guide (ATF P5300.4). Read the last paragraph of the ATF Question that Frogbert pasted----that one sentence gives the complete answer to eastwood's question.
A non-resident may purchase a long gun ONLY from a LICENSED DEALER if such purchase complies with the law in both states, & if he appears before the dealer at his place of business. A non-resident may not obtain any firearm from a private party.
Neal0 -
Neal,
Do what I do. Call your local ATF and ask the enforcement branch the question.
I stand by my info as correct on the Federal level. We are dealing with a gift among friends here, not a buyer and seller.
Say your son lives in Texas, you live somewhere else. You buy him a pistol in your state for Christmas and put it under HIS tree when you visit. Have you broken any Federal law?
Knowledge and good judgement.
Stolen from, and with thanks, to Kiwibird0 -
I believe Neal is correct on this issue. The federal statute says "purchased or obtained". 0 -
Okay, I checked with my buddy with ATF (yes, on a Sunday) where this had come up before. As long as it's a bequest or intestate succession (which is what I had), it is exempt from any requirements. A standard gift is SUPPOSED to go through a FFL.
Thanks for keeping me on my toes.
Stolen from, and with thanks, to Kiwibird0 -
quote:Originally posted by p3skyking
Okay, I checked with my buddy with ATF (yes, on a Sunday) where this had come up before. As long as it's a bequest or intestate succession (which is what I had), it is exempt from any requirements. A standard gift is SUPPOSED to go through a FFL.
Thanks for keeping me on my toes.
Stolen from, and with thanks, to Kiwibird
Huh? I don't really understand what the difference is, mostly because I don't understand the terminology. Can you put that in layman's terms? Thanks.
O Lord,
grant me the Serenity
to accept the things
I cannot change
the courage to change the things I can,
and the supreme firepower to make the difference.0 -
Out of a will or estate. A regular gift supposed to go through an FFL in your state. Even if they hand deliver it.
Stolen from, and with thanks, to Kiwibird0 -
quote:Originally posted by p3skyking
Out of a will or estate. A regular gift supposed to go through an FFL in your state. Even if they hand deliver it.
Stolen from, and with thanks, to Kiwibird
Well, I guess I'll end up with a pocket full of money. Thanks for the help, guys.
O Lord,
grant me the Serenity
to accept the things
I cannot change
the courage to change the things I can,
and the supreme firepower to make the difference.0 -
You can't buy a firearm if you do not intend to continue ownership and possession of said firearm. Even parents who buy a long gun for minor children, who reside in the parents' home,...the parents retain ownership/possession/control/responsibility.
SEMPER FI0 -
I have bought and given handguns and long guns to my brothers. But I gave the guns away some years after purchase, it was not my intent upon purchase. Two did not live in my state when the gift was made. The third did live in my state.
SEMPER FI0
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