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Old June 28, 2010, 01:59 PM   #1
NMtaurus
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Handgun sale

My son lives in IN and I live in NM. I want to buy a pistol from him and have been unable to find any laws about this. Does anyone know where I can look? Or do you know the rules to selling between family members? Do I just register the weapon in my name? Any help will be welcomed. Thanks.
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Old June 28, 2010, 02:20 PM   #2
rwilson452
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fed laws apply here. your son will need to ship it to a FFL in your home state and the transfer take place at that FFL IAW state and federal law..

Note: its not where your located it is in what state your a resident. so even if your son were to come for a visit or vs a vs. the transfer will still need to go via a NM FFL.
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Old June 28, 2010, 03:12 PM   #3
NJgunowner
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And some FFL's will only except handguns from another FFL so check with your local FFL.
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Old June 28, 2010, 03:35 PM   #4
NavyLT
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The Federal law that the previous posters are speaking of is 18 USC 922 (a)(3) and (a)(5):

http://www.law.cornell.edu/uscode/71...2----000-.html

There is no exception in the Federal law for family members.
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Old June 28, 2010, 04:56 PM   #5
markj
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He will have to ship it to you via FFL his to yours would be best IMHO.
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Old June 28, 2010, 06:01 PM   #6
NMtaurus
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Thanks

Thanks to all of you. I will contact the FFL's.
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Old June 28, 2010, 07:22 PM   #7
Glenn Dee
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It's father and son? Why cant the son personally deliver a gift to his father?
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Old June 28, 2010, 08:12 PM   #8
NavyLT
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Quote:
Originally Posted by Glenn Dee
It's father and son? Why cant the son personally deliver a gift to his father?
He can. But since they are residents of different states, the transfer (gift) would cause the father to commit a Federal felony violating 18 USC 922 (a)(3):

(a) It shall be unlawful—
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;


and the son would commit a Federal felony violating 18 USC 922(a)(5):

(a) It shall be unlawful—
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;


I don't see any exception in there for gifting vice selling, and I don't see any exception in there for son to father; do you?

Chances of getting caught? Probably zero. Still illegal? 100%.
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Old June 29, 2010, 04:45 PM   #9
markj
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Quote:
It's father and son? Why cant the son personally deliver a gift to his father?
I live in Iowa, my nephew lives in Nebraska, when he got out of boot I gave him a 1911, we took it to the cop shop in Omaha, the policeman told us that was fine and my nephew registered it in Omaha as law states. As a gift to a relative I was told I could just give it no ffl transfer would be needed.

I have also sold 3 handguns to a guy in Omaha and he registered them with the police dept, no ffl transfer needed.

So I say ask the local law folks they will know what is needed in a gifted situation.

My buds Dad died, he was left with an extensive handgun collection willed to him, no ffl needed cause the Dad was dead and how do you sign anything? when you are dead.

I got my Dads guns after he died, went over there and put them in my truck and took em home. no ffl needed, I checked with my cousin, Omaha LEO for over 30 years.

Check with local law folks, they will know what to do as they do it a lot.
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Old June 29, 2010, 04:52 PM   #10
NavyLT
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markj,

There are a couple of holes in your theory. First.... tell us how your interstate transactions did NOT violate the two Federal statutes that I posted?

Second, local law enforcement does NOT enforce Federal law, and they do not deal with interstate transactions. Local law enforcement is just that - local - within the state. IF they choose to enforce Federal law, they can hold a suspect for turnover to Federal authorities, but they cannot enforce Federal laws - only aprehend and detain suspects for Federal violations.

Third, it is the ATF that enforces Federal statutes. In the case of a INTERSTATE transfer of firearms, it would be the ATF that would be consulted. Local LEO, as you have provided evidence, probably doesn't know jack squat about Federal interstate firearms transactions laws.

If you are certain you did not violate any laws, I would give the ATF a call and ask them....
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Old June 29, 2010, 06:04 PM   #11
Frank Ettin
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Quote:
Originally Posted by NavyLT, emphasis added

markj,

There are a couple of holes in your theory. First.... tell us how your interstate transactions did NOT violate the two Federal statutes that I posted?

Second, local law enforcement does NOT enforce Federal law, and they do not deal with interstate transactions. Local law enforcement is just that - local - within the state. IF they choose to enforce Federal law, they can hold a suspect for turnover to Federal authorities, but they cannot enforce Federal laws - only aprehend and detain suspects for Federal violations.

Third, it is the ATF that enforces Federal statutes. In the case of a INTERSTATE transfer of firearms, it would be the ATF that would be consulted. Local LEO, as you have provided evidence, probably doesn't know jack squat about Federal interstate firearms transactions laws....
Absolutely spot on.
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