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February 27, 2008, 10:26 AM | #1 |
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What are the laws re: giving a handgun as a gift?
Howdy all,
Pardon my ignorance, but I'd like to know what, if any, federal laws govern giving a handgun to a family member (specifically my brother) as a gift. It seems to be commonly agreed that this isn't considered a "straw purchase", but I can't seem to find a straight answer online. Thanks!
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February 27, 2008, 10:54 AM | #2 | |
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February 27, 2008, 11:26 AM | #3 |
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Basically you can buy a gun for another person for a gift as long as he is not prohibited from owning a gun. If the person would not normally be able to purchase a gun themselves and you buy it for them to get around any gun laws...then it is a straw purchase and it is illegal. Otherwise...perfectly legal.
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February 27, 2008, 12:16 PM | #4 | |
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Quote:
Correct? That makes sense... kinda... I guess as much sense as it's going to make considering we're talking about the GCA.
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February 27, 2008, 12:20 PM | #5 |
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what is you are 19 and your dad buys one and gives it to you as a gift. is that legal in NC? Thanks
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February 27, 2008, 12:43 PM | #6 | |
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fortkevin2,
Quote:
I was told by the Sheriff's Dept to obtain a permit to give to the seller or giver (even it was a family member giving it to me) and give it to them, just to cover my backside. Since you're under 21, it is best to wait.
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February 27, 2008, 12:49 PM | #7 |
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Thanks parrothead2581. Yah i'm sure it would be best to wait. I was just wondering what teh law was. Thanks
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February 27, 2008, 02:13 PM | #8 |
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You are welcome.
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February 27, 2008, 02:16 PM | #9 |
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carguychris,
Does your brother live in the same state as you? |
February 27, 2008, 02:17 PM | #10 |
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I have given away several as gifts to family members. As long as they can legally own a firearm and you are fine.
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February 27, 2008, 02:25 PM | #11 | |
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Quote:
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March 2, 2008, 02:11 AM | #12 |
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What if not a resident of state?
Don H,
What if the person you are giving the firearm as gift is from a different state? Is it better to go through an FFL? |
March 2, 2008, 06:26 PM | #13 |
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Legal
So long as your brother is not otherwise prohibited from owning firearms;
or lives in a state, county, city, district, etc that prohibits ownership~! |
March 3, 2008, 02:32 AM | #14 |
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Giving a firearm as a gift to anyone who is an OUT OF STATE resident is a violation of FEDERAL LAW unless the transfer is handled by an FFL on the receiving end.
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March 3, 2008, 02:42 AM | #15 |
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Wonder just how many people have violated that "so called law"~? In other
words, you are saying that if I legally purchase a handgun with the intent of giving it to my 80 year old father-in-law in another state as a birthday gift, I am violating federal law-correct? My friend, with all due respect I think you are incorrect~! I know for a fact that this happens everyday; as I'm in the firearms business myself. So long as my "paw in law" is not prohibited from ownership, and he resides in a locale that is conducive to ownership of handguns; I see NO HARM and NO FOUL. The firearm was purchased by me legally, after completing form #4473; and simply given as a gift to an unrestricted person in another state, whom is not otherwise legally banned from ownership. As reference, please point out the federal statue to support your claim~! |
March 3, 2008, 07:42 AM | #16 |
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Sorry, but I thing you're wrong.
www.atf.gov/firearms/faq/faq2.htm (B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back] A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes. [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30] |
March 3, 2008, 08:50 AM | #17 |
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Att: johnbt My Friend-
You are correct Sir, IF the purchase is too be made from a FFL dealer; whereas the federal statues you quoted would be applicable. On other occassions, such as "gifting a firearm"; I don't believe those statues would stand up in a court of law~! Just my opinion of course; and you know what they say 'bout opinions-right~? |
March 3, 2008, 09:00 AM | #18 |
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I know you're in the business. All I can say is that the quote I posted from the ATF site says "acquire" and not buy.
John |
March 3, 2008, 09:05 AM | #19 |
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At any rate john if that be the case, I have violated that law myself~!
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February 25, 2011, 12:03 PM | #20 |
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This old, but I am on a search for some citations on the subject and came across it and thought it shouldn't be left ending as is.
Moving a firearm(a commercial product) across state lines is considered interstate commerce. Interstate commerce is in the jurisdiction of federal law. Good luck in court, I think you will need it. |
February 25, 2011, 01:20 PM | #21 |
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And, given the citations of Federal regulations, I don't really see why this was reopened at all.
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