View Full Version : Out of state shotgun
March 28, 2005, 12:55 PM
I have a legal question. Can an individual sell (or make a gift of) a shotgun to a person from another state?
(Specifically if the gun were to originate in NY and end up in CT)
I read what I could find of CT state law and I was (needless to say =)) somewhat confused. Here's the link to the lawyer-speak I used:
March 28, 2005, 02:05 PM
Not without an FFL holder in the loop.
March 28, 2005, 07:16 PM
Sell, no. I do believe a gift for a family member (depending on closeness of relationship) would be permissible, according to fed law at least,don't know what the state laws would say.
March 28, 2005, 07:27 PM
I do believe a gift for a family member
Nope. Gotta use FFL. The only exception is if it is bequeathed to you.
March 28, 2005, 11:02 PM
Gifts to family members are legal without an FFL involved.
I just checked the ATF website. According to their FAQ's--
Q: "May a parent or guardian purchase firearms or ammunition as a gift for a juvenile?"
"may buy a shotgun or rifle, at a licensee's premises in any state, provided the sale complies with state laws".
So, someone could buy a shotgun in any state and give it to their kid in another state.
As the website is rather limited, focusing mainly on sales, the question about giving a firearm to a juvinile is the only info on the site about gifts.
Added: As far as a bequething something is concerned, a living will is legal, and property may be distributed before your death.
March 28, 2005, 11:39 PM
Yes, they are. But not across state lines.
Section 922. Unlawful acts
(a) It shall be unlawful -
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;
Please note the "or otherwise obtained."
March 29, 2005, 07:35 AM
Read the rest of the sentence ---
"except that this paragragh (A) shall not preclude any person who lawfully acquires a firearm by bequest or interstate succession in a State other than his State of residence from transporting the firearm into or recieving it in that State, "
you have to read the whole sentence not just pick out the couple of words that you want, otherwise the Second A. will soon be reduced to only "A well regulated militia " and let's just forget about "the right of the people".
Anyway, I don't know if any of this is helping the original poster mudphud.
As I said in my original post no he can't sell it across state lines, but in certain circumstances gifts are legal.
March 29, 2005, 08:12 AM
Thank you to everyone who has taken the time to reply. I probably could have been more specific and avoided some back and forth.
Here's the situation. My uncle has a shotgun that he would like to give to me as a gift. He lives in NY (non-NYC, if that matters) and I live in CT. Would it be legal for me to go to NY, pick up the shotgun and drive back to CT where I would keep the gun?
I have read the statue that was pasted above, and I suppose it probably would indicate that I cannot, in fact, receive and transport this gun. If anyone has any experience with similar situations I would appreciate it. And again, thank you all for taking the time to respond.
March 29, 2005, 08:50 AM
Call the local BATF office and ask them. I think you will find them helpful. If you don't transport the gun through cities where it is illegal to do so, you should be OK.
March 29, 2005, 11:52 AM
you have to read the whole sentence not just pick out the couple of words that you want
The "Gift" is a ruling by ATF to avoid having people giving gifts being charged as "straw purchasers." The law clearly defines what is allowed between non-licensees. For firearms to transfer ownership between non-licensees living in different states, they must use a FFL to do the transfer. The exeption is if you DIE, the person receiving a firearm may take possession and return to his residence across state lines (provided there are no state restrictions). The "living will" (ie still alive) and "gift" will not fly across state lines.
You are trying to argue using a FAQ from ATF's website. I'm using United States Code:TITLE 18 - CRIMES AND CRIMINAL PROCEDURE:PART I - CRIMES:CHAPTER 44 - FIREARMS:Section 922. Unlawful acts.
April 27, 2005, 05:56 PM
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State,
do we agree that the "other than, or " and "corporation business entity" does not apply in this case? as neither are licensed nor a corporation.
if we do, then we have:
](3) for any person, ... to transport into or receive in the State where he resides .. any firearm purchased or otherwise obtained by such person outside that State
This does not seem to preclude the person from receiving any firearm that ANOTHER person brought into his state where he resides.
So, at least by this section, if his uncle ( who obtained it in NY ) were to bring it into CT, and THEN give it to him, then he would not be running afoul.
Now, there very well maybe another section pertaining to the uncle traveling out of state to give..
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