Handgun given as gift across state lines?

[Patton]

What does the law say about me giving a handgun to a relative that is a resident of another state(SC)? He's a nonfelon and legally able to own.

[Guest TargetShooter84]

Same as before.

Requires a FFL, no matter where it is outside of TN.

If inside TN, no, its not required to have FFL.

[Guest bkelm18]

Same as before.

Requires a FFL, no matter where it is outside of TN.

If inside TN, no, its not required to have FFL.

To be more specific, even if it's in TN, you both have to be residents of TN. But yes, to answer the original question, if it crosses state lines, it must go through an FFL.

[Patton]

Thats what I was affraid of. I didn't know if the absence of money being exchanged changed it or not. Thanks.

[Guest TargetShooter84]

I'd be happy to save you the FFL and keep the gun from you as a gift

[vontar]

About the only way I found is if you are inheriting guns, not a gift.

I ask this question because I have family on both sides of state lines.

http://www.tngunowners.com/forums/2nd-amendment-issues/42520-hypothetical-question-about-family-gun-transfers-state-lines-event.html

[Oh Shoot]

"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."

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

"temporary" is not defined.

Note that if it is a state that requires some sort of permit to even possess a firearm, that must also be satisfied by the recipient of the loan.

- OS

[analog_kidd]

I'm not suggesting anyone break the law, but out of curiosity, how does the gov't know if a gun has gone across a state line? I thought the records of who purchases a gun are not supposed to be kept. Is there a database somewhere that says a particular gun is tied to a particular state.

What if I moved to another state, I could take my guns with me without an FFL, then sell to whoever I want, right? It all seems silly to me.

[Chucktshoes]

I'm not suggesting anyone break the law, but out of curiosity, how does the gov't know if a gun has gone across a state line? I thought the records of who purchases a gun are not supposed to be kept. Is there a database somewhere that says a particular gun is tied to a particular state.

What if I moved to another state, I could take my guns with me without an FFL, then sell to whoever I want, right? It all seems silly to me.

Welcome to the wonderful world of the BATFE. Silly laws with not so silly consequences.

[redfsr]

There is no database but the gun can be traced from the manufacturer to the first person who purchased it at an FFL. The FFL has to maintain the A&D book and 4473.

[JayC]

I'm not suggesting anyone break the law, but out of curiosity, how does the gov't know if a gun has gone across a state line? I thought the records of who purchases a gun are not supposed to be kept. Is there a database somewhere that says a particular gun is tied to a particular state.

What if I moved to another state, I could take my guns with me without an FFL, then sell to whoever I want, right? It all seems silly to me.

If the ATF and the Brady Campaign had their way, you wouldn't be able to do that... oh and you would have to register all your firearms too

[Fallguy]

There is no database but the gun can be traced from the manufacturer to the first person who purchased it at an FFL. The FFL has to maintain the A&D book and 4473.

Yes.....but

You buy the gun from the FFL in TN.

Some point later you sell it to me while I'm a resident of TN.

I then move to SC at some later point.

Without any paper trail how do they know whether I was living in TN or SC when you sold it to me other than our statements?

If you don't tell them or remember that you sold it to me, how do they even know to come to me about it?

[Guest m&pc9]

"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."

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

"temporary" is not defined.

Note that if it is a state that requires some sort of permit to even possess a firearm, that must also be satisfied by the recipient of the loan.

- OS

I think I would loan it to him for a while.

[RobertNashville]

As a practical matter, I really do not see how any government agency is going to know that you gave a gun you can legally possess to another person, relative or otherwise, who can also legally possess it whether that person is in another state or two houses down. Frankly, I doubt they would really care all that much.

I'm not saying they couldn't track it back eventually if they worked at it long and hard enough by why would they?

I'm also not suggestion you go out and blatantly violate the law; I'm just being realistic here.

Edited September 19, 2010 by RobertNashville

[monkeylizard]

Assuming a state-to-state transfer is being done the legal way via an FFL and all parties involved are allowed to have the firearm, does the transferor have to ship it to the tansferee's FFL, or can the whole thing be done in person at the recipient's FFL?

[RobertNashville]

I believe the proper way to do it is to ship the gun to the recipient's FFL; after, of course, arranging everything in advance with the FFL who will handle the actual transaction. As far as I know, you don't need an FFL on each end; only on the recipient's end. Then again; I've never done this before (private party, anyway) so what do I know!

[monkeylizard]

Right. I know I wouldn't need an FFL on my end if I'm sending one, but doies it have to be shipped to the FFL? What if I'm visiting the recipient in his/her home state? Do I still have to incur the shipping costs/hassle?

[RobertNashville]

I may be mistaken but I believe you'll have to ship (or carry) the weapon to the FFL who will handle the legal part of the transaction; they'll take possession of the firearm and not release it to the recipient until the normal paperwork/background check has been done and they have the Ok to complete the transfer.

[monkeylizard]

It's the "carried" part I'm looking for. I know it needs to go to the recipient's FFL. I was just wondering if how it arrived at the FFL was important. I wouldn't think so, because that shop down in Georgia just across the state line that deals in LEO surplus Glocks and stuff basically just carries a TN purchase to an FFL that's a few doors down, AFAIK. But that's a little different since it's from one FFL to another.

Edited September 23, 2010 by monkeylizard

[RobertNashville]

I don't think it matters...if you and I were doing a transfer between us within TN we could chose to both go to a local FFL and let him handle the paperwork and do a background check. In other words, I don't think how it arrives at the FFL is material.

Bottom line is, the FFL on his end that agrees to handle the transaction should be able to tell you everything you need to do - if he has a problem with you hand carrying the weapon to him he will tell you.

I was assuming you had to ship it either to him or to the dealer - that you weren't planning to do the transfer in person (due to distance).

[Guest bkelm18]

It doesn't matter how it arrives to the receiver's FFL. The two of you can agree to meet up at their FFL in their state and the transfer can be accomplished there. Doesn't need to be shipped.

[DaveTN]

I'm not suggesting anyone break the law, but out of curiosity, how does the gov't know if a gun has gone across a state line? I thought the records of who purchases a gun are not supposed to be kept. Is there a database somewhere that says a particular gun is tied to a particular state.

What if I moved to another state, I could take my guns with me without an FFL, then sell to whoever I want, right? It all seems silly to me.

They don’t know… and they don’t care. That is until the gun you sold is used in a suicide/murder of a top NFL quarterback….. Or some other scenario you are dismissing.

Cops trace guns every day.

Selling guns as a side business without an FFL is against the law also. Do people do it? Certainly. They do it every day and most don’t get caught. That is until they gain the attention of the wrong person or make the wrong sale. Then the ATF destroys their life and sends them to prison.

[MikePapa1]

They don’t know… and they don’t care. That is until the gun you sold is used in a suicide/murder of a top NFL quarterback….. Or some other scenario you are dismissing.

Cops trace guns every day.

Selling guns as a side business without an FFL is against the law also. Do people do it? Certainly. They do it every day and most don’t get caught. That is until they gain the attention of the wrong person or make the wrong sale. Then the ATF destroys their life and sends them to prison.

Well, at least it's not serious. One should never knowingly break the law unless they are prepared for the consequences. Maybe nothing will ever happen, but if it does, then things will get both ugly and expensive very quickly and, maybe, for a long time.

[mac12]

I am now facing this dilemma. I purchased a handgun for my son who lives in Texas. Can I legally let him carry the gun back to Texas to his FFL dealer and let them transfer it, or do I have to be present and carry it to Texas myself? Is the best option to let my FFL dealer ship it to his FFL? We're trying to hold down the expenses, but certainly don't want to do anything illegal.

[Fallguy]

I am now facing this dilemma. I purchased a handgun for my son who lives in Texas. Can I legally let him carry the gun back to Texas to his FFL dealer and let them transfer it, or do I have to be present and carry it to Texas myself? Is the best option to let my FFL dealer ship it to his FFL? We're trying to hold down the expenses, but certainly don't want to do anything illegal.

There are others that know more, but based on what others I have posted...I don't think legally he could take it back himself. All those ATF check points between here and there you know....

Legally you can send to a FFL there, if you can find one that will take it from an individual, otherwise FFL to FFL will be the way to go.