Gun Gifting - VA

Discussion in 'Legal and Activism' started by PeteZaHut, Mar 12, 2011.

  1. PeteZaHut

    PeteZaHut New Member

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    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?
     
  2. Cattledog

    Cattledog New Member

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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.
     

  3. Scratchammo

    Scratchammo New Member

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    I was under the impression that a bill of sale was all that was necessary :eek:
     
  4. PeteZaHut

    PeteZaHut New Member

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    yeah, i knew it was legal, but do you have to do any paper work?
     
  5. Scratchammo

    Scratchammo New Member

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    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.
     
  6. c3shooter

    c3shooter Administrator Staff Member

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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)
     
  7. Yunus

    Yunus New Member

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    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
     
  8. c3shooter

    c3shooter Administrator Staff Member

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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;
     
    Last edited: Mar 13, 2011
  9. USEBOTHHANDS

    USEBOTHHANDS New Member

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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).
     
  10. Yunus

    Yunus New Member

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    I believe that is federal law you are talking about though, each state might have their own laws which are more strict and differ.