View Single Post
Old September 28, 2011, 07:06 PM   #5
Frank Ettin
Staff
 
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
The easiest thing for the OP to do is find a local FFL who will do the transfer. The OP's father, or an FFL on his behalf, can then simply send the gun to the OP's transfer FFL who will transfer the gun. It would be legal for the OP's father to send the gun directly to the transfer FFL, but some FFLs will not, as a matter of business practice, accept a gun for transfer directly from an individual.

The transfer FFL will transfer the gun to the OP with all normal formalities, i. e., completion of a 4473 and satisfaction of any state law requirements in the OP's State or residence.

[1] Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL.

[2] In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.

[3] In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer is in compliance with the laws of the State in which it takes place; and (3) the transfer complied with the law of the transferee's State of residence.

[4] In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.

[5] There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.

[6] The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).
Frank Ettin is offline  
 
Page generated in 0.02912 seconds with 8 queries