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January 15, 2024, 11:26 AM | #1 |
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Firearms Transfer between unlicensed family members
I thought I had asked this before.
My father has an older Ruger Super Blackhawk he would like to gift to me. He lives in MT. I live in OH. We are both unlicensed. We both do not have a disability as defined by the ATF. If we both lived in the same state, I believe he could just hand it to me. He is a ways from passing away. We see each other 2-4 times a year in OH or MT. Is it legal to hand it off in one state or the other? If not, is it legal in one state or the other to do an FFL transfer where we are ftf with the FFL? Is there another way? |
January 15, 2024, 12:52 PM | #2 |
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Federally . . . It has to go through an FFL in the receiver's state.
https://www.atf.gov/firearms/qa/whom...arms-under-gca i.e., Party #1 can travel to Party #2's state, and both parties vist an FFL there. |
January 15, 2024, 01:04 PM | #3 | ||||
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Rifles and shotguns can be transferred through an FFL in either state, but handguns only in the transferees state. Provided state law permits. Quote:
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Need a FFL in Dallas/Plano/Allen/Frisco/McKinney ? Just EMAIL me. $20 transfers ($10 for CHL, active military,police,fire or schoolteachers) Plano, Texas...........the Gun Nut Capitol of Gun Culture, USA https://www.youtube.com/watch?v=pELwCqz2JfE |
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January 15, 2024, 07:13 PM | #4 |
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Because it was 20 years ago, I'm not sure if this still applies the same way...
My Father passed in 2003. He lived in NY. I live in WA. Knowing what was going to happen, I contacted an FFL local to me, and got his information. I went back to NY for the funeral and to help settle some things. My brother lived in NY was the named executor, and still had my Dad's pistols on his permit. We took the guns to an FFL in NY, he contacted my FFL, got the info he needed (copy of receiving FFL license, etc) and shipped three pistols to him. My brother had to deliver the pistols to the NY FFL, as he was the legal possessor, (I paid the shipping and FFL fees) and after the guns arrived at my FFL, I picked them up. I don't have any idea what your state laws may require (if anything) but it seems to me that your Father could take the gun to an FFL where he lives, and have it shipped to an FFL where you live and you could take possession there. (current FFL dealers reading this, please correct me if I'm in error).
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January 15, 2024, 08:03 PM | #5 |
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Is there really any possibility that criminals are going to do this? The law is burdensome to the law-abiding citizen and ignored by those for whom the law was intended.
If a father has a handgun that he purchased 20 years ago, lives in Virginia, and is at a ripe old age he cannot reasonably enjoy using it legally, decides before he dies, to give it to his 50-year-old son who lives anywhere but Virginia, and neither has any history of an unlawful action that would prohibit ownership of either one, why would they go through this burdensome process? Just give it to your son. Who knows? If the son happens to kill someone with it in the future, the son is prosecuted and maybe Dad is underground by then. What is the point of this process? |
January 15, 2024, 08:31 PM | #6 |
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I can only think of one "is there another way".
Look up residency rules. Have your Dad "move in with you" long enough to establish residency. He can then give you guns with no paperwork. |
January 15, 2024, 09:53 PM | #7 | ||||
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And yes, often complying with the law is burdensome, but its still the law. Quote:
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__________________
Need a FFL in Dallas/Plano/Allen/Frisco/McKinney ? Just EMAIL me. $20 transfers ($10 for CHL, active military,police,fire or schoolteachers) Plano, Texas...........the Gun Nut Capitol of Gun Culture, USA https://www.youtube.com/watch?v=pELwCqz2JfE |
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January 15, 2024, 09:57 PM | #8 | |
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There is no "long enough to establish residency" as might be required for voting, paying taxes, etc. See https://www.atf.gov/firearms/docs/ru...dence/download
__________________
Need a FFL in Dallas/Plano/Allen/Frisco/McKinney ? Just EMAIL me. $20 transfers ($10 for CHL, active military,police,fire or schoolteachers) Plano, Texas...........the Gun Nut Capitol of Gun Culture, USA https://www.youtube.com/watch?v=pELwCqz2JfE |
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January 15, 2024, 10:10 PM | #9 |
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Is there some reason why Dad going to an FFL in his state and having the gun sent to an FFL in the son's state won't work??
Sure, it costs more than just handing the kid the gun, but it does satisfy all federal requirements, doesn't it?? The point isn't about who would ever know, or how likely you would be to be caught, but about obeying the law, whether or not you personally agree with it, its still the LAW.
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All else being equal (and it almost never is) bigger bullets tend to work better. |
January 16, 2024, 06:30 PM | #10 |
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So why don't we all simply agree with a law that demands we sell our ARs and any other guns the law doesn't like, to the government?
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January 16, 2024, 07:26 PM | #11 | |
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Because there is no such law thats why.
__________________
Need a FFL in Dallas/Plano/Allen/Frisco/McKinney ? Just EMAIL me. $20 transfers ($10 for CHL, active military,police,fire or schoolteachers) Plano, Texas...........the Gun Nut Capitol of Gun Culture, USA https://www.youtube.com/watch?v=pELwCqz2JfE |
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January 16, 2024, 09:44 PM | #12 | |
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If anyone wishes to do otherwise, feel free to do so at your own risk. I would just remind everyone that the rules of tis forum do not allow advocating unlawful actions, so if you think it's a good idea to break that law -- don't post it here.
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January 16, 2024, 11:01 PM | #13 | |
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Quote:
It would add $70 cost to the transaction. Require my dad find an FFL. It is the only compliant way I see to do it too, but I thought it worth asking. Sounds like he could transfer in person to a dealer in my state who could transfer to me as an option too. |
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January 17, 2024, 12:11 AM | #14 | |
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Quote:
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January 18, 2024, 05:03 PM | #16 |
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If your dad comes to Ohio and you go to an Ohio ffl, how does the ffl know your father is the legal owner of the firearm? How long has your dad had this pistol?
What do you mean by, "unlicensed"? Perhaps I'm clueless as I live in Alaska. We buy and sell F to F regularly without involving an ffl. There are websites you can advertise a firearm for sale here. I am not aware of anyone ever being arrested for transferring a firearm, F to F without an ffl. |
January 18, 2024, 07:21 PM | #17 | |
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Quote:
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January 18, 2024, 07:39 PM | #18 | |||
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"Unlicensed" means you don't. Quote:
__________________
Need a FFL in Dallas/Plano/Allen/Frisco/McKinney ? Just EMAIL me. $20 transfers ($10 for CHL, active military,police,fire or schoolteachers) Plano, Texas...........the Gun Nut Capitol of Gun Culture, USA https://www.youtube.com/watch?v=pELwCqz2JfE |
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January 26, 2024, 06:45 PM | #19 |
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Here's another vote for doing it legally. There might be other ways of going about it, but jumping through the legal hoops provides you with provenance: Documents that prove ownership without a doubt might prevent seizure under unexpected circumstances and furthermore may help that item to come back to you if it ever gets stolen. It gives you a record that you did it right. Why wouldn't you want that for something so important?
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