Gifting a gun from Texas resident son to IN resident mother? Need a FFL?

[Manatee]

Manatee? Buying guns from people at shows?

Nah. I don't set up at shows….usually. I did do a couple of shows a few years back when I needed to get away from the house for a weekend. But, I've found it's more enjoyable to run around naked in the woods beating a drum.

 

[GodFearinGunTotin]

Why do some people have to be a wiener in every comment they make?

Some guys just come by it naturally.

 

[Timjoebillybob]

Cite the law.

Sometimes it's better not to be 'cute'. A transfer is easy and protects the buyer/donee and seller/donor.

See number 1.
Firearms - Frequently Asked Questions - Unlicensed Persons | ATF

 

[slowG]

If he's a resident of TX, then yes, it has to go through an FFL.

He / you can locate an FFL that'll handle the transfer - then inquire if they'll do a "walk in" (IE - gun not shipped).

Giver takes the gun there and gives the FFL the transfer fee.

Giftee goes in, fills out 4473 and is hopefully on her way.

-J-

ETA: This is the 100% legal way to do it.

I had a similar question today. Called several shops and a few of them said someone from out of state cannot bring a firearm here to indiana. That it would have to be shipped from an ffl in their state and back to the ffl here.

i thought that it was ok to transport a firearm. What if someone moves here. He has to find an ffl then ship it to indiana then he can't pick it up until he gets an indiana ID? Confused

 

[JettaKnight]

I had a similar question today. Called several shops and a few of them said someone from out of state cannot bring a firearm here to indiana. That it would have to be shipped from an ffl in their state and back to the ffl here.

i thought that it was ok to transport a firearm. What if someone moves here. He has to find an ffl then ship it to indiana then he can't pick it up until he gets an indiana ID? Confused

I don't believe to have to go through a F4473 on each firearm when you move.
And definitely when you travel, say on a hunting trip, do you need to go through a dealer.

 

[slowG]

I don't see any laws saying a seller can't drive a gun to another state to sell it to someone at an FFL in the buyers state.

 

[mrjarrell]

I don't see any laws saying a seller can't drive a gun to another state to sell it to someone at an FFL in the buyers state.

That's because there aren't any in most civilised states. Does not necessarily apply in places like Cali, NY and NJ and the like. You can transport a gun from TX to IN and have a FFL do the transfer. No problem.

 

[Indy_Guy_77]

I had a similar question today. Called several shops and a few of them said someone from out of state cannot bring a firearm here to indiana. That it would have to be shipped from an ffl in their state and back to the ffl here.

i thought that it was ok to transport a firearm. What if someone moves here. He has to find an ffl then ship it to indiana then he can't pick it up until he gets an indiana ID? Confused

Chances are those are just the rules that those particular FFLs have set for themselves. Or possibly even ignorance of the laws/rules.

-J-

 

[Kirk Freeman]

Fact pattern for handgun involves state lines=FFL

"Mr. Freeman, I am buying a handgun from shadydrifters.com and they are in Mule Kisser, North Dakota . . ." "Take it to an FFL."

"Mr. Freeman, my second cousin's dog in Stump Jumper, Kentucky has an old Ruger handgun that he wants to sell . . ." "Take it to an FFL."

"Mr. Freeman, my father-in-law in Screaming Armadillo, Texas has a pistol gun and he want to give it to my son . . ." "Take it to an FFL."

 

[ASD]

I had a similar question today. Called several shops and a few of them said someone from out of state cannot bring a firearm here to indiana. That it would have to be shipped from an ffl in their state and back to the ffl here.

i thought that it was ok to transport a firearm. What if someone moves here. He has to find an ffl then ship it to indiana then he can't pick it up until he gets an indiana ID? Confused

When I moved here from jersey I didn't use ffl I loaded up my guns in the car and drove here.

 

[Indy_Guy_77]

When I moved here from jersey I didn't use ffl I loaded up my guns in the car and drove here.

Moving yourself/household is not at all the same animal as transferring ownership to another person across state lines.

 

[sloughfoot]

Fact pattern for handgun involves state lines=FFL
don't . Freeman, I am buying a handgun from shadydrifters.com and they are in Mule Kisser, North Dakota . . ." "Take it to an FFL."

"Mr. Freeman, my second cousin's dog in Stump Jumper, Kentucky has an old Ruger handgun that he wants to sell . . ." "Take it to an FFL."

"Mr. Freeman, my father-in-law in Screaming Armadillo, Texas has a pistol gun and he want to give it to my son . . ." "Take it to an FFL."

Edited to delete because I need to stay out of this kind of thread when the question involves immediate family.

 

[warren5421]

But, I've found it's more enjoyable to run around naked in the woods beating a drum.

Manatee that would not be a good sight to come across hunting bamb.

 

[Miles42]

Don't know about this state but in Pa father to son mother to daughter etc no FFL need be involved.
led.

 

[sloughfoot]

Don't know about this state but in Pa father to son mother to daughter etc no FFL need be involved.
led.

To correct your misunderstanding, this thread is about a handgun crossing state lines and the federal governments interest in this transaction. It is not about an intrastate movement of a handgun.

The legal experts on this thread contend that because the handgun is crossing state lines to an immediate family member, a Indiana FFL must be involved in this movement.

Q: To whom may an unlicensed person transfer firearms under the GCA? A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

 

[actaeon277]

Bringing this back up. Just want to verify.

Looks like you have to go thru FFL to gift across State Lines. Am I right?

Someone asked me about this, said they had done it in the past, but didn't use FFL. Can this be corrected?

 

[1911ly]

I gave my brother 2 pistols anda rifle. He lives in Michigan. We had to go threw a FFL for the pistols. Even as a FTF transfer. The rifle did not need to go threw an FFL.

Same deal when I gave my pops a pistol in Arizona. Better check with a Tx FFL.

 

[WatermAlan]

What about another scenario: Dad purchases gun for son/daughter's graduation gift. Son/Daughter live with dad until they move out of state for school/work/start a family elsewhere. Is any kind of transfer needed? or not needed since the "transfer of ownership" happened while both parties were residents of the same state?

 

[Kirk Freeman]

Water, remember, state lines=FFL. If INTRAstate, inside Indiana, no FFL needed (assuming Title I weapon).

 

[WatermAlan]

Right, thanks Kirk!

So am I right to assume that as long as both parties are residents of the same state at the time of transfer, no FFL is needed (even if one party leaves the state and starts up a residence elsewhere as soon as the transfer is completed)? Since no state lines were crossed when dealing with the transfer, it technically doesn't require a FFL?

Example: Son comes home to live with parents (becomes resident). Dad buys gun and gifts to son. Son moves out of state. Still ok?