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Old July 20, 2009, 01:06 PM   #1
MajUSARet
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Legal Requirements When Given A Gun

My brother-in-law has a number of guns. He has suggested giving me a couple of them. I was just wondering what the legal ramifications are i.e. registration; carrying a gun not bought through an FFL dealer with all the paperwork etc. What are your thoughts on this?
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Old July 20, 2009, 01:14 PM   #2
Doyle
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Depends on where he lives. Utah (if I remember correctly - I haven't lived there in many years) is not a registration state. If he lives in Utah, then no problem. Just let him give you the guns. If he lives out of state, law says transfer has to go through an FFL. He would send them to your FFL (or bring them in person).

However, that being said. If he were my brother, I'd invite him for a visit (with the guns of course) and let him just happen to forget to take them home.
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Old July 20, 2009, 01:20 PM   #3
Pahoo
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Have to suggest that you check your state laws on this just to make sure. In my state, all I should do is thank my Brother Inlaw. Now, there is no law that says you can't transfer this through an FFL dealer and that will cost you about $20.00 or $25.00 depending on his discretion.

Remember that just like in the service; When you ask a question, you probably won't like the answer. :barf:


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Old July 20, 2009, 09:07 PM   #4
MajUSARet
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Legal Requirements For Gift of Gun

Thanks all. My bro-in-law lives in Chicago area. He has an FFL. He should be visiting soon. Thanks for the info.
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Old July 21, 2009, 01:47 AM   #5
Samuel2001
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Requirement = THANK HIM!
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Old July 21, 2009, 07:34 AM   #6
spodwo
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Major...if he has an FFL and in Illinois...

He should be visiting soon? Are you in Illinois also?

Anyway...

Quote:
Purchase
A buyer is required to show his Firearms Owner’s Identification Card (FOID) when purchasing any firearms or ammunition. Any seller is required to withhold delivery of any handgun for 72 hours, and of any rifle or shotgun for 24 hours, after the buyer and seller reach an agreement to purchase a firearm.
The waiting period does not apply to a buyer who is a dealer, law enforcement officer, or a nonresident at a gun show recognized by the Illinois Department of State Police.

The seller must retain for 10 years a record of the transfer, including a description of the firearm (including serial number), the identity of the buyer, and the buyer’s FOID number.

I don't know how this applies to "gifts" but gifts would have to be accounted for - I would imagine.

In Chicago - all firearms have to be registered...
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Old July 21, 2009, 07:42 AM   #7
blume357
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Just being difficult, but since he has an FFL he (the brother in law) should

know this.

now the really good part is that your brother in law can mail all these guns to your FFL via the U.S. postal service... cheapest way to get them to you other than him just bringing them.
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Old July 21, 2009, 11:38 AM   #8
NavyLT
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Quote:
Originally Posted by Samuel2001
Requirement = THANK HIM!
NOT if they are residents of different states. MajUSARet may be thanking his brother-in-law for a felony and his brother-in-law may be thanking MajUSARet for the loss of his FFL.

First are they handguns or long guns.

Second, if you are not in Illinois, your brother-in-law's FFL has NO BEARING on this transfer.

Third, for handguns the transfer MUST go through an FFL in the recipient's state of residence.

Fourth, for longguns, the transfer may go through an FFL in the recipient's state of residence OR may be done at an FFL in the giver's state of residence BUT it must occur at the FFL's place of business. So - your out of state brother in law cannot bring the guns to you.

These requirements are in 18 USC 922(a)(3), (a)(5) and (b)(3).

If your brother-in-law has an FFL - why doesn't he know the answer to these questions?
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