Guns as gifts?

Discussion in 'Legal and Activism' started by Horse_rider12345, Mar 2, 2013.

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  1. Horse_rider12345

    Horse_rider12345 New Member

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    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
     
  2. Gatoragn

    Gatoragn Active Member

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    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).
     
    Last edited: Mar 2, 2013

  3. locutus

    locutus Well-Known Member Supporter

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    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.
     
  4. c3shooter

    c3shooter Administrator Staff Member

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    Above is absolutely correct. Title 18, US Code, section 922. Serious bad ju-ju.
     
  5. Horse_rider12345

    Horse_rider12345 New Member

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    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.
     
  6. clr8ter

    clr8ter New Member

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

    Gatoragn Active Member

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    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.
     
  8. 70cuda383

    70cuda383 New Member

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    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!
     
  9. Gatoragn

    Gatoragn Active Member

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    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.
     
  10. mountainman13

    mountainman13 New Member

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    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.
     
  11. buckhuntr

    buckhuntr Well-Known Member Lifetime Supporter

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    I doubt very seriously that one could find a county in Alabama without an FFL somewhere. Many won't necessarily be listed online.
     
  12. JimRau

    JimRau Well-Known Member Supporter

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    Yes that is all that is necessary!
    Actually no paper is required at all. If you are contacted with a gun and it is not 'hot' (reported as stolen) there is no violation of the law. Some states require you transport it unloaded and in the trunk.
     
    Last edited: Mar 3, 2013
  13. clr8ter

    clr8ter New Member

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    I was also under the impression that you cannot generally transfer privately between 2 people who reside in different states......
     
  14. Gatoragn

    Gatoragn Active Member

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    You are correct.
     
  15. JimRau

    JimRau Well-Known Member Supporter

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    Not true!
    Dealers have a restriction, private citizen do not YET!!!!!
     
  16. locutus

    locutus Well-Known Member Supporter

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    C'mon, Jim! You know better than that.

    As a private citizen, who does not hold a FFL, you may not transfer a firearm to a citizen of another state. PERIOD!!

    FEDERAL LAW!!!
     
  17. Gatoragn

    Gatoragn Active Member

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    Please read post #2 on this thread very thoroughly.
     
  18. c3shooter

    c3shooter Administrator Staff Member

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    A private citizen may NOT acquire a firearm directly from a private citizen in another state EXCEPT by inheritance. I quoted the Federal law on this. it is 18 USC 922.

    The sender does NOT need a FFL to be the shipper, but does need one to be the reciever in your home state. They can send rifles or shotguns to that dealer by US Mail. Handguns may not be mailed EXCEPT by a Dealer or Manufacurer. They can be shipped by UPS or Fedex. The shipper does not need a COPY of the dealer's license, but the dealer's license number.

    The sender MAY want to have a FFL ship handguns for them, since it is very expensive to send a handgun by UPS (about $75- must go next day AIR)

    To find a FFL near the sender that will do transfers, shipping, follow this link, put in zip code- http://www.gunbroker.com/FFL/DealerNetwork.aspx
     
  19. JimRau

    JimRau Well-Known Member Supporter

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    Well I have been a dealer for 20+ years and cop for just short of 40 years and I have never seen this law, show me!:confused:
     
  20. JimRau

    JimRau Well-Known Member Supporter

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    We are not talking 'sending', we are talking about transporting a firearm. Long guns can be send to private citizen to private citizen by the USPS legally.
     
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