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November 19, 2011, 10:21 PM | #1 |
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Join Date: July 10, 2011
Location: Seattle
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transfering a pistol to a brother, ftf?
I live in Washington, he lives in Illinois. We're together in CA.
Can I just give him his x-mas present?
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November 19, 2011, 10:28 PM | #2 |
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Join Date: September 7, 2001
Location: Washington State
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Short answer--unfortunately, no.
Since your brother is a resident of another State, the transfer must take place from an FFL in the State of Illinois. Be advised as well--there are other requirements in the State of Illinois to satisfy for the transfer of a handgun. You also can not initiate the transfer in California, either. You have to start the process in Washington. Find an FFL in Illinois that would be willing to do the transfer. Don't shortcut this step--it's not worth a trip to Club Fed.
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November 20, 2011, 12:03 AM | #3 |
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To confirm what Powderman wrote: Under Federal law, all interstate handgun transfers MUST be made through an FFL in the recipient's state of residence. It's all based on the legal place of residence of the parties -- the fact that you will both be together briefly in a third state does NOT take the transfer out of the realm of interstate commerce.
I am not from Illinois and I do not pretend to know anything about their laws, but -- based on what I've seen in various gun forum discussions -- I believe your brother will need an FOID (Firearms Owner IDentification) card to be allowed to receive the transfer. |
November 20, 2011, 05:11 AM | #4 |
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OK, thanks folks
It's not that much money to do the FFL+shipping, I guess.
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"Jeez, man, what's another word for 'stupid?'" "Tactical." -Tom Servo Marlin 795, 795ss, 39A Mountie, CZ-455 American, CZ-452 Scout, CZ-75 Kadet, AOM160 M1 Carbine, USGI M1 Carbine, M1 Garand, Dan Wesson PM7 1911 |
November 20, 2011, 01:17 PM | #5 |
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Join Date: May 25, 2011
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Does your brother live in Chicago? If so he will also need a CFP(Chicago Firearms Permit) before he can legally bring it into the city. Hopefully in the case of the FOID and ,if needed, the CFP he already has them, otherwise you will not be able to give him his present for a while.
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November 20, 2011, 02:38 PM | #6 |
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Location: Greenville, SC
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Loan him the gun... that's a nice enough gift.
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November 20, 2011, 05:29 PM | #7 | |
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Quote:
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November 21, 2011, 06:24 AM | #8 |
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I was not promoting an illegal act... just offering what I thought was a legal solution.
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November 21, 2011, 12:10 PM | #9 | |
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Quote:
As AB says, the loan exception under federal law is very narrow. In addition, the brother would commit a federal felony by violating 18 USC 922(a)(3) were he to take the "loaned" gun back home with him. |
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November 22, 2011, 01:17 AM | #10 |
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Location: Chicago
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Yep, pistols are pretty tough.
He has to have a FOID card even to buy ammunition and yes if in the City of Chicago, you need to get a CFP (Chicago Firearms Permit) and then register each gun as you get it. Out of state must be through a FFL. It is so much easier to just buy in state - that is what I usually do. You can find deals if you look around - there are classifieds and sales at local gun shops and ranges. It is not too bad, just wish IL would get on board with the rest of the nation and allow some kind of carry law. I think I'll be dead by the time it is allowed in this wonderful state. I should move. |
November 22, 2011, 12:34 PM | #11 |
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Keep the gun for him. Gives him incentive to help get the laws changed in his repressive state/city, or to move out of it.
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November 28, 2011, 11:12 PM | #12 |
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Give him the cash. Let him buy what he wants as long as he does so legally.
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