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jman841
May 24, 2009, 03:00 PM
Hello all, i was curious about how to go about getting my pistol into my name when i am elligable.

BTW i live in Mass.

I go shooting with my uncle often and i bought a ruger Mark III 22/45, however, it was in my uncles name because i am only 20. When i turn 21 however i would like to put it back in my name. Since he is not techincally selling it to me how do we go about this? Also, he is a MA resident right now, however he is planning on moving to CT before i turn 21 so will we have to go through an FFL when i turn 21 even though he holds a MA CCW and bought the pistol in MA? Also since there is no transfer of money is it considered a sale or can it be considered a gift? Finally, is it required that the gun be in my name, there is no requirement of registering weapons in mass just the transfers of sale is recorded, but if it is not a sale than there is no transfer of sale so is it still required to go through the whole MA process.

One more thing, This year my parents bought a house in florida and i am living in an apartment at school in MA, so i am goign to legally transfer my residence to Floridia which has no requiremnt for a record of sale. If i have him give me the gun as a flordia resident is there any requirement of an FFL?

NavyLT
May 25, 2009, 11:48 PM
jman841:

Any transfer of a handgun across state lines, as will be the case here - uncle in CT and you wherever, must occur via an FFL in the recipient's state. Your uncle must ship the handgun from CT to an FFL in the state that you are present in as a resident and intend to take possession of the handgun. Then you must meet the requirements of that state's laws to receive the handgun from the FFL just as if you purchased it from that FFL.

So, if you are present in MA with the intent of making MA a home, then the handgun must go to a MA FFL and you must do whatever MA requires, just as if you purchased the gun from that FFL.

If you are actually PRESENT in Florida, with the intent of making Florida a home, then the handgun must go through a Florida FFL and Florida laws must be followed.

The applicable FEDERAL laws are 18 USC 922 (a)(3) and (a)(5) also known as and found on google as Title 18 Chapter 44.
http://www.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html

The definition of state of residence is found in 27 CFR 478.11:
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=32f7d92d03139b0610814b95727b0ea5&rgn=div8&view=text&node=27:3.0.1.2.3.2.1.1&idno=27

State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located.

The only exception for handguns is when a person dies and their heir receives the handgun as an inheritance either with or without a will.