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Old 01-19-2012, 06:22 AM   #1
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Not sure how this is going to work. so my dad and my brother are both hand gun owners. they both live in ohio I live in south carolina. I've never owned a handgun before I know I have to register it and take a training course. Both of them just recently got there c c w's. My brother wants to buy me a gun for a birthday present. That's where the question lies. Can he buy in ohio and sell it to me, or gift it to me? I guess he gets a discount through his vendor, but it has to be sold to him I can't buy it and have it shipped to me. Please any clarification will help thanks.
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Old 01-19-2012, 07:50 AM   #2
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It's across state lines, so I'm real fuzzy on this, but I THINK that if he comes to you while it's legally in his possession, and gifts it to you while he's there, you may be not breaking any laws.

If you don't hear any more information, I suggest you contact c3shooter, he's really knowledgeable in this kind of thing.
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Old 01-19-2012, 10:08 AM   #3
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Ownership could be transferred through an FFL.
The following is from the BATF site:
"When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are “same-State” residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S.C. 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.

There may be State or local laws or regulations that govern this type of transaction. Contact State Police units or the office of your State Attorney General for information on any such requirements.

Please note that if a private person wants to obtain a firearm from a private person who resides in another State, the firearm will have to be shipped to an FFL in the buyer’s State. The FFL will be responsible for record keeping."

Dad or brother could purchase on line (in your name) and have the firearm sent to an FFL and you fill out the paperwork.

Or they could give you a gift certificate.
Amendment II:
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

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Former President of the ECPT (Eifel Combat Pistol Team)
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Old 01-19-2012, 12:42 PM   #4
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As the guys have said- when ownership of a handgun is being transferred across a state line, except when inherited, the gun must be shipped to an FFL in the recipient's state of residence.

Can you go up there and pick up the gun from your brother? No.

Registration? None in SC. Matter of facts, none in MOST states. Common misconception. When you get a gun from a dealer, you complete a form 4473, WHICH THE DEALER KEEPS. At his shop.
What we have here is... failure- to communicate.
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Old 01-19-2012, 09:09 PM   #5
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Thanks for all the info...very helpful...sounds like the FFL is the "right" way to go.
Have shot all kinds of rifles, never owned or shot a handgun. Honestly my first one I am looking at is the Ruger Sr1911... may get a 38 down the road.
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