Quick legal question

[Socomike]

I have an AR15 I dont use. I have an old army friend coming up from Alabama and staying a few weeks in December. I want to gift him the gun or maybe trade him the gun while he is here.

I know he is not a felon and has an Alabama's equivalent to a handgun license.

Am I good to trade/gift this rifle to him? Or do I need to send it to an FFL down there?

Mike

 

[NomadS]

Q: From whom may an unlicensed person acquire a firearm under the GCA?
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?
A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]

ATF Online - Firearms - Frequently Asked Questions - Unlicensed Persons

Go through and FFL

 

[Socomike]

Great. Thanks man. I guess I should have done a little more digging before asking lol.

 

[stephen87]

I believe it has to be an FFL in HIS state, not yours though. You would have to make a trip or pay double FFL fees.

 

[sloughfoot]

The legal answers have been given. Butts are covered. INGO is safe.

Does the BAFTE have a camera in your living room? If you loan him the rifle and he forgets to return it before driving back to Alabama, will the BATFE be waiting for him in his driveway? Maybe so, I don't know.....

If so, you better check his ID before you offer him a beer.

'nuff said. I am always on the verge of being in serious trouble...

 

[SaintsNSinners]

If ya wanna play it safe I'd chip in on the ffl fees to help out a brother in arms.

 

[sloughfoot]

I am curious, am I allowed to store one of my rifles at an out of state location? Say at a Nephews house, in his gunsafe? Can he use it for deer hunting this fall? I may or may not get it back from him since I might want to use it when I visit him? It is kind of a pain to travel with firearms as you all know, afterall. Pre-staging a rifle for a family deer hunt makes sense. To me anyway.

I don't want to get INGO in trouble, but at what point am I violating the sacrosanct regulations and facing stiff prison terms for pre-positioning a firearm?

The world we live in is radically different from the world I grew up in.

http://barnhardt.biz/

 

[NIFT]

I am curious, am I allowed to store one of my rifles at an out of state location? Say at a Nephews house, in his gunsafe? Can he use it for deer hunting this fall? I may or may not get it back from him since I might want to use it when I visit him? It is kind of a pain to travel with firearms as you all know, afterall. Pre-staging a rifle for a family deer hunt makes sense. To me anyway.

I don't want to get INGO in trouble, but at what point am I violating the sacrosanct regulations and facing stiff prison terms for pre-positioning a firearm?

The world we live in is radically different from the world I grew up in.

Barnhardt.biz - Commodity Brokerage

These are all great questions to pose to:

Sheriff Ken Campbell
Brian Ciyou
Vernon Lorenz
Sen. Jim Tomes

at the January 12, 2013 Legal Aspects of Personal Safety, 4H Fairgrounds, Lebanon, IN.

Cost: $5.00 for all day (a steal!)

For tickets,
Call: 260-459-2382
e-mail: rbrtaldridge@iftnra.com
visit: Indiana NRA Classes

 

[daddymikey1975]

I am curious, am I allowed to store one of my rifles at an out of state location? Say at a Nephews house, in his gunsafe? Can he use it for deer hunting this fall? I may or may not get it back from him since I might want to use it when I visit him? It is kind of a pain to travel with firearms as you all know, afterall. Pre-staging a rifle for a family deer hunt makes sense. To me anyway.

I don't want to get INGO in trouble, but at what point am I violating the sacrosanct regulations and facing stiff prison terms for pre-positioning a firearm?

The world we live in is radically different from the world I grew up in.

Barnhardt.biz - Commodity Brokerage

IMO, and IANAL, DNSAHILN, you may ship your gun to yourself at his address (c/o him).. as long as you open the box/package. Once you're there, and you use the gun, how you store it while you're there is up to you (guns ARE safer in a safe after all).. there isn't a legal requirement to sihp your gun back to yourself that I'm aware of.

 

[woodshed]

Call your local gun shop or sherrif, quick easy accurate answers. $.02

Scott

 

[Rookie]

Call your local gun shop or sherrif, quick easy accurate answers. $.02

Scott

I wouldn't exactly say accurate.

 

[daddymikey1975]

Call your local gun shop or sherrif, quick easy inaccurate answers. $.02

Scott

RED. (all I'm saying)

 

[Birds Away]

Call your local gun shop or sherrif, quick easy accurate answers. $.02

Scott

Not always.

 

[looney2ns]

Call your local gun shop or sherrif, quick easy accurate answers. $.02

Scott

Sir, you are humorous.

 

[sloughfoot]

IMO, and IANAL, DNSAHILN, you may ship your gun to yourself at his address (c/o him).. as long as you open the box/package. Once you're there, and you use the gun, how you store it while you're there is up to you (guns ARE safer in a safe after all).. there isn't a legal requirement to sihp your gun back to yourself that I'm aware of.

This makes sense. So does leaving it behind after hunting season so it is there for me next year. He hasn't acquired it, he is simply storing it for me.

I might store one of my firearms with aa friend in Alabama for say, hog hunting when I go to visit him. If I had a close friend in Alabama......

I am hoping to attend NIFT's seminar in January.

IMO= in my opinion. Got that.
IANAL=??
DNSAHILN=???

 

[ATM]

I believe it has to be an FFL in HIS state, not yours though. You would have to make a trip or pay double FFL fees.

No, they could transfer it here via an Indiana FFL unless Alabama has some restriction to this which I'm unaware of.

It was quoted already:

...he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides...
[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]


ATF Online - Firearms - Frequently Asked Questions - Unlicensed Persons

 

[daddymikey1975]

This makes sense. So does leaving it behind after hunting season so it is there for me next year. He hasn't acquired it, he is simply storing it for me.

I might store one of my firearms with aa friend in Alabama for say, hog hunting when I go to visit him. If I had a close friend in Alabama......

I am hoping to attend NIFT's seminar in January.

IMO= in my opinion. Got that.
IANAL=??
DNSAHILN=???

IANAL= I am not a lawyer
DNSAHILN= Did not stay at Holiday Inn last night

 

[CitiusFortius]

The legal answers have been given. Butts are covered. INGO is safe.

Does the BAFTE have a camera in your living room? If you loan him the rifle and he forgets to return it before driving back to Alabama, will the BATFE be waiting for him in his driveway? Maybe so, I don't know.....

If so, you better check his ID before you offer him a beer.

'nuff said. I am always on the verge of being in serious trouble...

Yeah, let's not skew the tagline "Gun owners are the most law abiding people we have."

Do the right thing, use an FFL.

 

[billybob44]

Ahhh.--NOT Exactly...

Call your local gun shop or sherrif, quick easy accurate answers. $.02

Scott

Scott, with this kind of info, I can see why you only have 8 posts in almost 2 YEARS???...Bill.