May 11, 2013, 09:57 PM | #1 |
Junior Member
Join Date: May 11, 2013
Location: Manassas Park, VA
Posts: 5
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Gifting Handgun
I am a resident of Virginia. My sister is a resident of Florida. I want to gift her a hand gun.
Is there any restriction in just gifting her the gun? If she were a resident of VA, I can just give it to her. If I were a resident of FL, I could do the same. My concern is "Intrstate Transfer". Do I need to go through a FFL? |
May 11, 2013, 10:03 PM | #2 |
Member
Join Date: September 14, 2011
Location: NJ
Posts: 87
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Gifting Handgun
Short answer, yes. Or buy her a gift card!
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May 11, 2013, 10:08 PM | #3 |
Senior Member
Join Date: January 23, 2006
Location: GA
Posts: 1,863
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Easiest for her to go buy it for herself and you send her money.
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May 11, 2013, 10:28 PM | #4 |
Senior Member
Join Date: March 11, 2005
Posts: 3,840
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Where in Florida is your sister? I have a great FFL I use in South Miami. They only charge $15 for the transfer fee plus $5 for the NCIS. It is best to get an FFL to ship it to them. I just bought a gun from another TFL member and he ended up paying $100 MORE to ship the gun directly than it cost me to have my FFL ship to another FFL. Hope this helps!
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May 11, 2013, 10:52 PM | #5 |
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Join Date: February 12, 2001
Location: DFW Area
Posts: 24,985
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As others have already said, interstate transfers (other than an exception for bequests/inheritances) must go through an FFL to avoid violating federal law.
Here are your options: 1. Buy the gun and take it to FL yourself. Then you and she can go to an FFL in her area and that FFL can transfer the gun to her. The FFL will charge a fee. 2. Buy the gun and then ship it to an FFL in her area. You can ship to the FFL directly as long as you are sure that (1) she will pass the background check and (2) the FFL in question accepts shipments from non-FFL holders and is expecting your shipment. They are not required to accept such shipments and many do not. If it is a handgun, you can not ship it through the U.S. mail and the two shipping companies that handle handgun shipping require that you pay for overnight delivery. There will also be a fee from the FFL in her area to handle the transfer to her. If she fails the background check, then you're in kind of a pickle. The FFL can not return the gun directly to you, it will have to be shipped to an FFL in your area and you will incur additional shipping fees and a transfer fee from the FFL in your area to claim the firearm. 3. Buy the gun, take it to an FFL in your area and have that FFL ship it to an FFL in her area. The FFL can ship via less expensive means, but will likely charge you a fee for handling in addition to the shipping fee. This will still likely be less expensive than you shipping it yourself if you follow the shipping companies' policies. There will be a fee from the FFL in her area to handle the transfer to her. In this case, if she fails the background check, the FFL in her area can ship the gun back to the FFL that you had ship it. You'll still be liable for shipping and any additional handling fees. 4. Send her the money and let her buy her own gun in her area. Do NOT go to the store with her and have her pick a gun, let her fill out the paperwork and then step up and pay the money. While this is legal, strictly speaking, due to the circumstances of the situation, it will likely arouse suspicion on the part of the dealer who could decline to complete the transaction at that point.
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May 12, 2013, 06:05 PM | #6 |
Junior Member
Join Date: May 11, 2013
Location: Manassas Park, VA
Posts: 5
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Gifting handgun
Wow!! This is great feedback. all the info is great and thank you.
JohnKSa, your extensive details was what I was looking for. I will be in FL this June and I'll take her to a FFL and process the required paperwork and background check. |
May 15, 2013, 11:07 PM | #7 |
Senior Member
Join Date: January 9, 2013
Posts: 235
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(other than an exception for bequests/inheritances)
Just a follow up, my Father just passed after a long battle with lymphoma and he requested that several of his guns be sent to his kids. My Mom is fine but she will not touch his gun room and the many many guns,so it is up to me. So I am assuming that I can distribute the guns to my siblings and myself at the bequest of my Father without FFL or any other involvement? This is from MI to (IL and Ohio). |
May 15, 2013, 11:29 PM | #8 | |||
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
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Quote:
The terms used, "bequest" and "intestate succession", have very specific meanings. First, let's focus on "bequest"
So if there's no will, the gift is not a bequest. We also need to look at "intestate succession".
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"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper |
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May 17, 2013, 12:00 AM | #9 |
Senior Member
Join Date: January 9, 2013
Posts: 235
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Thank you Frank. My Father was an avid shooter and gun collector his entire life and I will make sure his passion is honored.
He did have a will and had sent it to all three kids, so after things calm down I will look into what it states. I know that if there is no bequest, than they are my Moms and she cannot just give them to us. Its funny that we had this conversation a while back and he was just very mad that he could not just give them to us. But I will of course follow the proper channels. |
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