Thread: Pistol transfer
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Old May 25, 2009, 11:48 PM   #2
NavyLT
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Join Date: January 25, 2006
Location: Oak Harbor, WA
Posts: 1,719
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...2----000-.html

The definition of state of residence is found in 27 CFR 478.11:
http://ecfr.gpoaccess.gov/cgi/t/text....2.1.1&idno=27
Quote:
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.
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