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Old January 17, 2009, 02:35 PM   #1
LouPran
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Can I give a gun away ???

To my father or son?

Or are there steps I have to take to make it legal in some way?
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Old January 17, 2009, 05:47 PM   #2
Don H
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Sure, you can give a gun to someone - doesn't even have to be a relative. But it makes a difference whether the transfer is across state lines, whether it's a long gun or handgun, and what the state(s) laws may be, whether a minor is involved, etc.

More information is required to answer your question more fully.
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Old January 17, 2009, 07:19 PM   #3
LouPran
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I just want to give a few of my guns to my Dad and Son and didn't know if there were some hoops I had to jump through to make sure nothing is done that's illegal.
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Old January 17, 2009, 07:52 PM   #4
mega twin
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what is your state of residence? In arkansas, as long as they are a resident,and of legal age to own a gun,you just hand it to them and say Happy birthday!
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Old January 17, 2009, 09:08 PM   #5
LouPran
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Wisconsin
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Old January 17, 2009, 10:34 PM   #6
Don H
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Do your Dad and Son live in WI also?
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Old January 19, 2009, 04:37 PM   #7
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I don't know WI law...

but as long as your dad and son can legally own the guns in that state then you can probably just give them to them... which means they have to be residents of the same state as you.
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Old January 19, 2009, 04:58 PM   #8
LouPran
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Yep ... they live here.

I know on the form you fill out here one of the questions is whether you're buying the gun for yourself. That's why I wasn't sure it was legal.
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Old January 19, 2009, 08:45 PM   #9
vranasaurus
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While that is a question you have to answer when buying a gun, if you are buying a gun to give away as a gift then you are considered the actual purchaser of the gun. It is not a straw purchase.
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Old January 19, 2009, 11:24 PM   #10
NavyLT
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Same state residents.
Neither one prohibited from owning/possessing firearms.
Both > or = 18 years old.
Gifting them firearms (handguns and long guns) is perfectly legal, no paperwork required in Wisconsin.
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Old January 20, 2009, 02:09 PM   #11
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Is there a website that I can look up or reference to find out about Texas and Louisiana?

I bought a 10/22 for my dad last year. I bought it in Texas and he lives in Louisiana.
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Old January 20, 2009, 02:46 PM   #12
LouPran
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Great !

Heck, my son still lives at home, so that one doesn't even leave my house.
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Old January 20, 2009, 04:02 PM   #13
NavyLT
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Quote:
I bought a 10/22 for my dad last year. I bought it in Texas and he lives in Louisiana.
It's a Federal law. The transfer has to go through an FFL. You can ship/deliver it to a LA FFL to transfer to your dad or your dad can come and get it from a Texas FFL.

http://www4.law.cornell.edu/uscode/1...2----000-.html

Look at (a)(3) and (a)(5)
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Old January 21, 2009, 09:19 AM   #14
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NavyLT,
Thanks for the info and for the link. If I would've thought about this a little bit I would've gotten the answer. It's no different than buying a gun across state lines and bringing it back to your state.

Thanks again for the help.
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Old January 21, 2009, 02:35 PM   #15
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You definitely can't do that in my state (MA), even in the case of inheritance. You have to fill out a FA10 form and send it into the firearms bureau to do the transfer of ownership. This is provided of course, the receiving party has a valid license to own a gun.
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Old January 21, 2009, 04:15 PM   #16
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Most states are not MA...

any state that allows private sales between individuals should allow you to gift a gun to someone in the same state with out any gov'ment paper work. As for buying a gun from an FFL and then gifting it, as mentioned that is allowed too... is not a violation of the rules on the form... a gift is not a straw purchase... of course as long as the person you are giving the gun to can legally own it.

At least that is how I understand the law.. I'm buying an M1 from CMP and in my cover letter to them I actually told them I was gifting this gun to my father. So, we'll see.
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