Gun Gifting - VA
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Old 03-12-2011, 03:24 PM   #1
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Default Gun Gifting - VA

I am trying to find information on giving a gun as a gift to someone over 21. Do you have to fill out any paperwork?

All I have been able to find is this from the NRA website (for Virginia):
"It is a crime for any person to sell, give or otherwise
furnish a handgun to a minor if he has reason to believe
that the buyer or recipient is under 18 years of age, unless
such transfer is made between family members or for the
purpose of engaging in a sporting event or activity. A person
under 18 shall not possess or transport a handgun or assault
firearm." - http://www.nraila.org/statelawpdfs/VASL.pdf


Does anyone know of another document that addresses this issue?

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Old 03-12-2011, 08:31 PM   #2
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The NRA site is accurate for your state and most states fall in that same line. If a firearm is bequest (passed down within the family) the ATF and most all states consider that a legal transfer. A gift outside immediate family would require a FFL transfer. An uncle giving a 22lr rifle to a 6 year old niece as a gift is a good example of the gray area. technically not legal in most states but unlikely to be enforced.

If the gun is already registered to you, I would have it transferred if its a gift outside your family.

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Old 03-12-2011, 08:36 PM   #3
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I was under the impression that a bill of sale was all that was necessary

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Old 03-12-2011, 10:14 PM   #4
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yeah, i knew it was legal, but do you have to do any paper work?

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Old 03-12-2011, 10:27 PM   #5
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Quote:
Originally Posted by PeteZaHut View Post
yeah, i knew it was legal, but do you have to do any paper work?
I just made two copies of a bill of sale, one for me & one for the buyer/seller. I'd make sure that the date, serial number, model of the gun, dob, & signature of both people are on both copies. If you want to add anything else it wouldn't be a bad idea. After that you can get it notarized or affidavited at your bank(without the gun itself). Hope this helps.
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Old 03-13-2011, 01:11 AM   #6
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In Virginia (assume that was the VA in the OP) IF both parties are residents of VA, and you have no cause to believe that the recipient is not able to legally possess a firearm, AND the recipient is old enough to possess that firearm under state law- there is no paperwork- the transfer does NOT need to go thru a FFL, and yes, it is legal. An FFL is involved when a transfer of ownership other than by inheritance takes place across a state line, or between residents of two different states. The transfer may be an outright gift, it may be a private sale, it may NOT be you buying the gun from a dealer FOR someone else with their money. (Strawman sale)

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Old 03-13-2011, 04:20 PM   #7
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Quote:
Originally Posted by c3shooter View Post
In Virginia (assume that was the VA in the OP) IF both parties are residents of VA, and you have no cause to believe that the recipient is not able to legally possess a firearm, AND the recipient is old enough to possess that firearm under state law- there is no paperwork- the transfer does NOT need to go thru a FFL, and yes, it is legal. An FFL is involved when a transfer of ownership other than by inheritance takes place across a state line, or between residents of two different states. The transfer may be an outright gift, it may be a private sale, it may NOT be you buying the gun from a dealer FOR someone else with their money. (Strawman sale)
C3, does that mean that as a VA resident you need to check/verify residency of the buyer and not just take their word for it?

/Just looking for your opinion based on experience and such not legal advice
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Old 03-14-2011, 01:11 AM   #8
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If I did not have a FFL (I do) there is no requirement in law that I verify their residency. However, if I have CAUSE TO BELIEVE that they are not a resident of Virginia, it is illegal to transfer a gun to them. As in someone emails me they want to buy the rifle I have for sale, and they will drive down from Baltimore to pick it up. Or when we meet up, I see that he has NC license plates.

As a practical, not a legal, matter- I would ask for ID. ATF just busted an unlicensed seller for selling to an illegal alien. They did NOT charge the illegal alien.

Now, some places (NC for one) require a purchase permit for handguns- even private sales- but under Federal law, an unlicensed person may transfer ownership of a firearm to a resident of their own state. From Title 18 US Code, Section 922:
It shall be illegal......
(5) for any person (other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector) to
transfer, sell, trade, give, transport, or deliver any firearm to
any person (other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector) who the
transferor knows or has reasonable cause to believe does not
reside in (or if the person is a corporation or other business
entity, does not maintain a place of business in) the State in
which the transferor resides; except that this paragraph shall
not apply to (A) the transfer, transportation, or delivery of a
firearm made to carry out a bequest of a firearm to, or an
acquisition by intestate succession of a firearm by, a person who
is permitted to acquire or possess a firearm under the laws of
the State of his residence, and (B) the loan or rental of a
firearm to any person for temporary use for lawful sporting
purposes;

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Old 03-14-2011, 05:15 AM   #9
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giving as a gift to a resident of the same state is permissible as long as both residents are of that state (with no paperwork)............HOWEVER, it is illegal if the transfer(er) knows or has knowledge that the transfer(ee) is a felon (or by law, cannot own, possess, or be in proximity of any type of firearm).

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Old 03-14-2011, 01:13 PM   #10
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Quote:
Originally Posted by USEBOTHHANDS View Post
giving as a gift to a resident of the same state is permissible as long as both residents are of that state (with no paperwork)............HOWEVER, it is illegal if the transfer(er) knows or has knowledge that the transfer(ee) is a felon (or by law, cannot own, possess, or be in proximity of any type of firearm).
I believe that is federal law you are talking about though, each state might have their own laws which are more strict and differ.
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