Being gifted a rifle out of state...

Discussion in 'General Rifle Discussion' started by Dr. Marneaus, Dec 20, 2009.

  1. Dr. Marneaus

    Dr. Marneaus New Member

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    This thought occured to me.

    I understand that when buying a gun out of state, the dealer or selling in your non-home state would have to ship through an FFL in your home state, and whatnot, in order to make the transaction legal.

    But what if you are gifted a gun, say, for christmas, by a relative who lives in a different state? Do you need to transfer it through an FFL?

    Im just wondering how it works, and It got me thinking...especially if both states dont have registration of rifles.

    So, say i leave my home, go and get a gun for christmas in a state that doesnt have registration, then how would I get it back to my state? Does it have to be shipped to an FFL? I'm not saying this is right, but essentially...neither state would know about the gun belonging to anyone, theres no record of transfer or anything, and it doesnt need to be registered. Seems like I could just take it with me and that's that.

    So, what would be the propor procedure?
     
  2. VitSports6

    VitSports6 New Member

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    I dont see any issue with traveling to pick it up and bringing it home, I dont think its illegal(but I could be wrong) Just be sure to travel with it stowed securely.
    So whatcha gettin?
    Good luck!
     

  3. diggsbakes

    diggsbakes New Member

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    I don't know if there is a "proper" procedure, but I've always lived in pretty gun friendly states and have been pulled over with multiple rifles and shotguns visible and never been asked a question or really even given it thought. If your state has a law that requires you to register all firearms, then that's a different story.

    This may fall into the Legal and Politics section? Not really a rifle question.
     
  4. hunter Joe

    hunter Joe New Member

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    I believe you only need to use an FFL when shipping it through the postal service of other mail carrier, ie UPS or Fed-X. I don't believe that transporting legal firearms in this country is against the law as of yet, of course, don't blink, this could change.

    In many states, firearms must be transported in a case designed for firearms. Check with the various states that you will be traveling through to determine whether the case need to be locked, the firearm needs to be separate from ammunitions, or the case locked.

    People transport firearms as luggage via airplane all over the United States without problems except for the havoc reeked by baggage personal.

    And as far as that whole firearm registration thing goes;
    I believe that it is our social duty as free Americans to amass as many firearms that are not directly linked to us to keep said firearms out of the hands of the truly evil people, "bad guys and the government".
     
    Last edited: Dec 20, 2009
  5. Dr. Marneaus

    Dr. Marneaus New Member

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    Well the reason I ask is that I know I cannot sell a gun to someone out of state, even if they are there in person, without having it go through an FFL. That's illegal, especially if the buyers state requires registration.

    I'm not asking about how to transport it, just what the procedure would be. If I walk into a gun store here in NH, then buy a gun, they cant hand it to me, at least I dont think they can? Doesnt it have to be sent to an FFL in nevada, where I live?

    So I'm wondering about a private party gifting situation. The bottom line I'm getting at is that neither NH nor NV care who the gun belongs to. You dont register it, but I'm still willing to bet a 3rd party FFL has to be involved.
     
  6. MoHawk

    MoHawk New Member

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    I don't see any legality issues at all. You are allowed by law to handle and own the weapon in question in both states correct? And in between is just transportation... Say you were borrrowing a weapon for a large hunt of something (not a hunter myself)... So, You go to Pennsylvania to visit your brother for Christmas and he shows you his new, shiny rifle with a scope that can see into the stratosphere. You mention how great it would be on your hunt and he says "use it". So, your hunt is in Nebraska, your home state.... Do you need to FFL it home just for the hunt? Not as far as I know. Kinda the same situation... You just won't be returning the "borrowed' weapon.
     
  7. cpttango30

    cpttango30 New Member

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    If it is legal and you are legal shipping has to go to FFL from state to state. If you are picking it up and bringing it back with you then you put it in the back of teh truck or car and just dive it home. Not a big deal.

    It is up to you to know the laws of both states and make sure you adhear to them.

    CPT Tango Esquire.
     
  8. hunter Joe

    hunter Joe New Member

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    Dr. you can sell a firearm to anyone you please to, although, you should get their drivers license info to cover your own butt.

    There are separate laws governing who license firearms dealers can sell firearms to. These laws differ from state to state. For example, I cannot sell a long gun to a person from Alabama, but I can sell a long gun to a person from Illinois as long as they have a FOID card and wait 24 hours.

    As far as I know, private sales of firearms are unregulated, although, there may be state laws that pertain here.
     
    Last edited: Dec 20, 2009
  9. Yunus

    Yunus New Member

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    Consult with an expert like a lawyer or at least an FFL who might be able to point you to legal guidance on this subject.

    But my opinion is this.

    It's illegal.

    It may be legal for a resident of state X to sell a rifle to a resident of state X with no paperwork. The same may be true for State Y to State Y transaction. However even though it's legal for both of you to sell to your own states residents you enter federal territory when you are residents of different states, making state laws irrelevant. But if you bought the same gun at a gun show from some random person, it would be a legal transaction. Are we thoroughly confused yet?

    Again though its just my opinion.
     
  10. stalkingbear

    stalkingbear Well-Known Member

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    I have no idea whether it would be legal or not but if it was me I'd just take it home. Make SURE it's never been reported stolen however.
     
  11. jpattersonnh

    jpattersonnh Active Member

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    If it is a gift from a family member, it is legal. Put it in the trunk and take it home.
     
  12. Yunus

    Yunus New Member

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    Legal and untraceable are not the same thing, just sayin.
     
  13. dteed4094

    dteed4094 New Member

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    Back ground check

    I'm not 100% sure but I was told by a sales person at an outfitters retail store in Pa. that you cannot transfer ownership (whether it be from an individual or a liscensed dealer) of any firearm other than a muzzle loader without an ATF background check at the time of said transfer.
     
  14. Dr. Marneaus

    Dr. Marneaus New Member

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    Exactly my thoughts. I havent gotten a chance to get to a gun store here in NH to ask though, so I'm just curious, and figured y'all might know

    I dont think this is true in all states...in NV I can sell anyone a rifle and they just take it, but in all my bills of sale i make sure to put that they have stated they are legally able to own a firearm.

    The same goes for pistols. Private party pistol sales in NV are easy. Hand you the money, hand em the gun, its their responsibility to get it registered.
     
  15. dunerunner

    dunerunner New Member

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    Here's one for you! I bought my new Savage Model 10 from Cabela's in Nevada. I'm and Oregon resident. They sold me the rifle, did the background check and carried it out of the store where I was presented with my purchase to take home.

    I know, different; but this is how convoluted our gun laws are and why most people are scared to death they will be arrested under one or more of these statutes.

    Please post what you find out!
     
  16. c3shooter

    c3shooter Administrator Staff Member

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    I am not a lawyer (Not qualified- Mom & Dad were married) BUT-

    The situation as described in the original post is NOT legal, and IS a violation of Federal law. That law governs TRANSFER of ownership. There are two categories of people- licensed (holds a FFL) and unlicensed.

    An unlicensed person can transfer a firearm to another unlicensed resident of their own state. They CANNOT transfer to resident of another state.

    A licensed person may transfer a rifle or shotgun to a resident of any state (unless their state law prohibits it) and may transfer a handgun to resident of the licensed person's state.

    A licensed person can transfer to any other licensed person.

    While you can probably put the rifle in your trunk, and drive home, IF the Feds decide to go after you for whatever reason, they have you- and you will not have another gun ever.
     
  17. Glasshartt

    Glasshartt New Member

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    You may not like this answer, but just call ATF and ask them. If it is a bonified gift, I don't see any problem. If you don't want them to get your number use your local payphone, or do that *__ thingy to block your number on outgoing calls.

    I recently acquired several guns from a friend when her husband passed away, and "adopted out" several others, there was no paperwork done on any of the weapons or ammo, it was a private collection.