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-   -   Guns as gifts? (http://www.firearmstalk.com/forums/f97/guns-gifts-85604/)

Horse_rider12345 03-02-2013 06:07 PM

Guns as gifts?
 
I live in Ohio now and I have a friend in Alabama that her uncle just passed away. He was a gun enthusiast with over 300 guns and 200,000 rounds of ammunition. Because of my love of revolvers she is giving me a pair of colt 45s. Will a written statement saying she gave me the guns as gifts be enough if I travel down to visit and drive back home? Just want to be safe if I get pulled over for some reason. Thanks

Gatoragn 03-02-2013 06:11 PM

You need to have your friend ship the hog legs to your local FFL, at your expense of course.

2. May I lawfully transfer a firearm to a friend who resides in a different State?
Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual who does not reside in the State where the transferee resides. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check. More information can be obtained on the ATF website at www.atf.gov and http://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. Thus, for example, a friend visiting you may borrow a firearm from you to go hunting. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent. See 18 U.S.C. 922(a)(5).

locutus 03-02-2013 06:21 PM

It is not legal for a person to transfer a firearm to a person in another state except as an inheritance.

Unless you are named in the decedent's will, both you and your benefactor would be committing a federal felony/.

Ship them to your local FFL.

c3shooter 03-02-2013 08:46 PM

Above is absolutely correct. Title 18, US Code, section 922. Serious bad ju-ju.

Horse_rider12345 03-03-2013 12:15 PM

So the way I am reading the law, she can ship them to a FFL near me and transfer them and then it's legal. Or does she need to ship them through a FFL as well. Just wondering cause the closest one to her is over 2 hours away according to the listings I found online.

clr8ter 03-03-2013 12:21 PM

2 hours away from the nearest gun shop? That would suck.....So where did her Uncle get his guns on an apparently regular basis?

Gatoragn 03-03-2013 12:39 PM

Quote:

Originally Posted by Horse_rider12345 (Post 1161507)
So the way I am reading the law, she can ship them to a FFL near me and transfer them and then it's legal. Or does she need to ship them through a FFL as well. Just wondering cause the closest one to her is over 2 hours away according to the listings I found online.

She can ship the guns, she just needs a copy of the FFL license, and keep all receipts, tracking labels, etc. on file for CYA. The receiving FFL of your choice should be able to offer guidance. Ship them via the USPS with the appropriate amount of insurance.

70cuda383 03-03-2013 12:45 PM

That is one heck of a friend! I sure don't have any friends who will give me their uncle's guns!

you're a lucky man!

You have a choice to make, break the law and hope nobody ever finds out and drive down there and pick them up...or have her ship them up here and do it all legally.

I know what I would do!

Gatoragn 03-03-2013 12:46 PM

Quote:

Originally Posted by clr8ter (Post 1161516)
2 hours away from the nearest gun shop? That would suck.....So where did her Uncle get his guns on an apparently regular basis?

The uncle may not have lived in the same town as the niece. Uncle may have acquired the guns before moving two hours from an LGS. Maybe uncle was an FFL. Maybe uncle liked to take road trips.

Although in the Alabama I know, I could find many gun shops in a two hour circle. I lived on Sand Mountain for three years, plenty of gun stores there.

mountainman13 03-03-2013 01:00 PM

She should ship them from an ffl to an ffl to avoid any issue.
I'm not 100% on the gifting laws but I believe the person needs to fill out a form and may need to be a family member, it still needs to be done through an ffl.
I have heard that compliance laws can be avoided through gifting but I haven't really looked into it.


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