Giving a firearm to family out of state

[jetmechG550]

Trying to search this and not yielding exactly what I need to know but if I wanted to give one of my guns (a small .38 revolver) to a family member out of state do I still need to involve an FFL for the transfer does it fall under the "you're family, here have it" rules?

 

[kludge]

You can take it yourself to an FFL in their state (assuming you follow the transportation laws) or you can ship it to an FFL in their state. Either way it has to go to an FFL. They can then fill out the form and receive the firearm fromt he FFL.

Within the state (at least Indiana) you can just say, "here, have it."

 

[jetmechG550]

Thanks, kinda silly you have to pay an FFL for the transfer of a free firearm to blood relatives. Does this need to be done in the event of a death and you are willed firearms too?

 

[Jack Burton]

One factor that influences that is if the family member also lived in Indiana, and when you obtained the gun. If there is a period of overlap between the two you can avoid the FFL.

For example, I purchase a S&W in 2002. My daughter leaves to take residency in another state in 2004. In 2010 I decide to gift her the S&W. I draw up a gift receipt, date it 2003, and hand her the gun when she is in town. If anyone asks, I did give it to her when it was perfectly legal to do so, and was merely holding on to her property until she got settled in.

This works best, obviously, when the other state has no registration or FOID type card to worry about.

In similar circumstances, I could not gift her with a gun this way if I came into possession of the gun AFTER she moved out of state. Obvious questions could arise about the logistics of such a gift.

 

[Jack Burton]

Thanks, kinda silly you have to pay an FFL for the transfer of a free firearm to blood relatives. Does this need to be done in the event of a death and you are willed firearms too?

In some states, yes.

 

[TaunTaun]

So what about within the state? Do we have to do anything to re-register the weapon?

 

[Cygnus]

So what about within the state? Do we have to do anything to re-register the weapon?

There is no gun registration in most (I believe all) states.

Indiana doesn't require anything when it's a private individual to a private indiviual. Some states would require a transfer form.
Lucky you. Yours does not!

 

[TaunTaun]

See, it's that part that confused me. I havent picked up my own handgun yet (hopefully this next week), but when I went with the wife to get hers at Midwest, they registered the firearm in her name. If registration isn't required, what's with filing additional info. It's not like the took a bullet casing or anything...(that I know of)

 

[Cygnus]

See, it's that part that confused me. I havent picked up my own handgun yet (hopefully this next week), but when I went with the wife to get hers at Midwest, they registered the firearm in her name. If registration isn't required, what's with filing additional info. It's not like the took a bullet casing or anything...(that I know of)

That's the NCIS background check done for ALL new firearm purchases as required by federal law. This applies to ANY firearms purchased by an FFL. BTW they did NOT register the gun in her name. They only ran her name for the sale. In theory the only record of that transaction is the hard copy book at Midwest.

Each state has their own way of dealing with prviate sales of used firearms.

3 Examples I know of personally:

1. Indiana: smile and a handshake if you believe the person is competent and an Indiana resident. This applies to all guns. (MY INFO IS A FEW YEARS OLD)

2. Michigan: Longuns, no paperwork; handguns transfer paperwork at the police station. (Michigan HAS stopped their "safety inspections" of the guns so the gun doesn't have to be brought in and "gone over")

3. Massachusetts: ALL private sales must be reported (via a form and transfer fee) within 7 days of the transaction for any type of firearm.


If others can correct any errors please help out.

 

[jetmechG550]

I believe IL wants you to keep record of a private sale for up to 10 years. I wanted to give a little .38 I have to my Mother-In-Law for xmas, she lives in TX. I didn't own the gun when we both lived in IL so that scenario JB mentioned wouldn't work. Oh well, thanks for the info guys.

 

[Wink and the Gun]

That's the NCIS background check done for ALL new firearm purchases as required by federal law. This applies to ANY firearms purchased by an FFL. BTW they did NOT register the gun in her name. They only ran her name for the sale. In theory the only record of that transaction is the hard copy book at Midwest.

Each state has their own way of dealing with prviate sales of used firearms.

3 Examples I know of personally:

1. Indiana: smile and a handshake if you believe the person is competent and an Indiana resident. This applies to all guns. (MY IONFO IS A FEW YEARS OLD)

2. Michigan: Longuns, no paperwork; handguns transfer paperwork at the police station. (Michigan HAS stopped their "safety inspections" of the guns so the gun doesn't have to be brpought in and "gone over")

3. Massachusetts: ALL prviate sales must be reported (via a form and transfer fee) within 7 days of the transaction for any type of firearm.


If others can correct any errors please help out.

North Carolina is a real pain - they'd have to go to the sheriff and get a handgun purchasers permit.

 

[WebSnyper]

One factor that influences that is if the family member also lived in Indiana, and when you obtained the gun. If there is a period of overlap between the two you can avoid the FFL.

For example, I purchase a S&W in 2002. My daughter leaves to take residency in another state in 2004. In 2010 I decide to gift her the S&W. I draw up a gift receipt, date it 2003, and hand her the gun when she is in town. If anyone asks, I did give it to her when it was perfectly legal to do so, and was merely holding on to her property until she got settled in.

This works best, obviously, when the other state has no registration or FOID type card to worry about.

In similar circumstances, I could not gift her with a gun this way if I came into possession of the gun AFTER she moved out of state. Obvious questions could arise about the logistics of such a gift.

I'm not sure I would have just typed that up to post on the internet.

While I understand what you are saying, I think adding the gift receipt actually complicates things as it had you back dating a document that if it were actually done in 2003 (or at any time she was a resident of IN) no document would have even been required. So why even create such a document.

 

[MrSmitty]

Cygnus said....3. Massachusetts: ALL prviate sales must be reported (via a form and transfer fee) within 7 days of the transaction for any type of firearm.
I say........ And that is why I won't live in Massachusetts!!!!

 

[sloughfoot]

A firearm gift to your mother must absolutely be approved by the Federal Government. Don't even think of violating Federal Law. The Supreme law of the land must be followed by all citizens without question. A 4473 MUST be on file for all such transactions.

After all, your Mother might have a criminal past that you are not aware of and she cannot possess firearms because of that criminal past.

Just be cognizant of the fact that firearms are not "transferred" by a 4473 through a FFL.

The 4473 is only a form filled out by the buyer/new owner of a firearm to certify that they are not prohibited from possessing a firearm. The NICS check does not involve the firearm.

 

[Jack Burton]

I'm not sure I would have just typed that up to post on the internet.

While I understand what you are saying, I think adding the gift receipt actually complicates things as it had you back dating a document that if it were actually done in 2003 (or at any time she was a resident of IN) no document would have even been required. So why even create such a document.

Those magic words "for example" means that I can type any thing up on the 'net. It's an "example" -- not reality.

In the example the note is an answer to any official question that might come up in the example.

 

[Cygnus]

Cygnus said....3. Massachusetts: ALL prviate sales must be reported (via a form and transfer fee) within 7 days of the transaction for any type of firearm.
I say........ And that is why I won't live in Massachusetts!!!!

I understand! Moved here for family reasons. Tripled checked the legal process for the move and all.

I forgot to add that the forms you both fill out have to have the other person's license number as well. You both must be at the same "level" to sell certain items like handguns and higher capacity weapons. You need your license to buy ammo and magazines as well. The local PD or Sheriff determines if you can carry or not. Gotta love that too!

Just by coincidence I live in a "friendly" town. I'll stay here till that changes or my kid is done with school.


One last thing.....May our footballl teams meet in the playoffs!

 

[Delmar]

One factor that influences that is if the family member also lived in Indiana, and when you obtained the gun. If there is a period of overlap between the two you can avoid the FFL.

For example, I purchase a S&W in 2002. My daughter leaves to take residency in another state in 2004. In 2010 I decide to gift her the S&W. I draw up a gift receipt, date it 2003, and hand her the gun when she is in town. If anyone asks, I did give it to her when it was perfectly legal to do so, and was merely holding on to her property until she got settled in.

This works best, obviously, when the other state has no registration or FOID type card to worry about.

In similar circumstances, I could not gift her with a gun this way if I came into possession of the gun AFTER she moved out of state. Obvious questions could arise about the logistics of such a gift.

In states where you don't have to register, you don't even need to do any paper work to pull this off!
This is, however, a violation of federal law, even though you are correct to say they can't prove it.