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Old November 3, 2011, 06:57 PM   #1
mitchntx
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Gifting a gun

I live in Texas. One of my duaghters lives in Washington State.

How can I legally and painlessly go about giving/gifting her a handgun for personal protection?

I quickly read through the state laws there and it's not illegal to even open carry, although heravily frowned upon. But an owner has to obtain a concealed pistol license from the local PD or Sheriff.

What exactly is that process? A classroom or simply a pulse and fog a mirror?
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Old November 3, 2011, 09:47 PM   #2
Don H
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First of all, federal law requires the transfer of the handgun be made through a FFL in Washington, her state of residence.
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Old November 3, 2011, 10:04 PM   #3
carguychris
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Quote:
How can I legally and painlessly go about giving/gifting her a handgun for personal protection?
If I were you, I would give her a gift certificate. Then she can buy the gun SHE wants without having to do a transfer.

BTW Don H has it right, and contrary to frequently parroted misinformation on the Interwebz, there is not a family-member exception to the home-state handgun tranfer requirement... that is, unless you count bequeathing it to her, but I have a hunch you're not planning to die soon.
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Old November 3, 2011, 10:41 PM   #4
irish52084
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Since the transfer was already covered, I'll help on the license. In Washington a resident needs to apply for a carry permit to the proper local authority, sheriff, police station, courthouse etc... There is a background check and a maximum 30 days response time, you should know if you are approved in 30 days or less. It took me about 2 weeks to get mine, but my renewal took the full 30 days.

There is no class to attend or anything of that nature, as Washington is a shall issue state.
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Old November 3, 2011, 11:10 PM   #5
mitchntx
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Quote:
unless you count bequeathing it to her
They've already spent their inheritance ...

Thanks for the info.
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Old November 4, 2011, 05:09 PM   #6
357 Python
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Is she a student? If so does she claim Texas as her home or does she claim Washington State as her home? If she is a student and claims Texas as her home you might be able to give it to her next time she comes home (check with an attorney first). If she claims Washington State as her home then you must tranfer through a FFL dealer in her state.
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Old November 4, 2011, 05:49 PM   #7
mehavey
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If you already know what you want to get her, easiest thing to do is call a (substantial) gunshop in/around where she lives and purchase the weapon over the phone using a credit card -- to be held for her to pick up. The paperwork's then covered on site upon delivery.

I've done this a couple of times for two of my kids and it's a ten-minute no-brainer.
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Old November 5, 2011, 08:59 AM   #8
mitchntx
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Good idea ...

http://thefiringline.com/forums/show...27#post4809427
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Old November 5, 2011, 11:11 AM   #9
ripnbst
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If he were to buy with the intention of giving to someone else does that not constitute a straw purchase?
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Old November 5, 2011, 12:36 PM   #10
mitchntx
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Cruised ATF.gov

I think my best course of action is to purchase a Cabela's gift card and let her buy it there.

Thanks for the help.

Last edited by mitchntx; November 5, 2011 at 02:38 PM.
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Old November 5, 2011, 01:51 PM   #11
Aguila Blanca
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Quote:
Originally Posted by ripnbst
If he were to buy with the intention of giving to someone else does that not constitute a straw purchase?
No.

A straw purchase is a purchase that conceals the identity of the actual purchaser. If someone buys a firearm with the intention of giving it (when did "gift" become a verb?) to someone else, the purchaser can honestly sign the 4473 saying that he (or she) is the actual purchaser.

If you buy a necklace at a jewelry shop with the intention of giving it to your wife or significant other for Christmas, would you argue that you are NOT the purchaser ... just because your use for the item is to wrap it up in fancy paper and put it under the Christmas tree/Chanukah bush?
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Old November 5, 2011, 04:44 PM   #12
vito
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I wonder when the requirement to go through an FFL when giving a gun to a friend or relative went into effect. Years and years ago I gave a handgun to my son-in-law so that he and my daughter would have at least that one firearm in their residence for self defense. There was no paperwork of any kind involved in this action. And while that incident was long enough ago that I am not worried about it, it would never have occured to me that I could not give a gun to a relative or that I would have to involve an FFL in the process. I guess I was/am naive and didn't think that the government was intruding into my life to this degree.
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Old November 5, 2011, 05:06 PM   #13
laytonj1
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Quote:
I wonder when the requirement to go through an FFL when giving a gun to a friend or relative went into effect.
If he wants to ship the gun from Texas to his daughter in Washington then it must go thru an FFL. If they were in the same state then he could just give it to her.

Jim
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Old November 7, 2011, 08:55 PM   #14
Don H
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Quote:
Originally Posted by laytonj1
If he wants to ship the gun from Texas to his daughter in Washington then it must go thru an FFL. If they were in the same state then he could just give it to her.
It is not legal to just travel to another state and give someone a firearm of yours. You are residents of different states and the transfer must be made through an FFL (in the recipient's state if a handgun is being transferred).
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Old November 7, 2011, 10:06 PM   #15
Frank Ettin
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Quote:
Originally Posted by vito
I wonder when the requirement to go through an FFL when giving a gun to a friend or relative went into effect....
1968 (Note: The issue is transfer from a resident of one State to a resident of another. In many States, a resident may transfer a gun to another resident of the same State without formalities.)

Quote:
Originally Posted by laytonj1
If he wants to ship the gun from Texas to his daughter in Washington then it must go thru an FFL. If they were in the same state then he could just give it to her.
No!
Quote:
Originally Posted by Don H
It is not legal to just travel to another state and give someone a firearm of yours. You are residents of different states and the transfer must be made through an FFL (in the recipient's state if a handgun is being transferred).
Yes!

[1] Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL.

[2] In the case of handguns, it must be an FFL in the transferee's State of residence.

[3] In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer is in compliance with the laws of the State in which it takes place; and (3) the transfer complied with the law of the transferee's State of residence.

[4] In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.

[5] This applies to all interstate transfers, whether a sale, a gift, a trade or anything else. There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.

[6] The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).
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Old November 8, 2011, 07:59 AM   #16
Flopsweat
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Sounds like you could order it and she could pick it up (gift, but using an FFL since she's out of state). This place http://www.lowpriceguns.com is on the East Side. They have a big selection online. If you order online or over the phone and choose to pick up at the store they wave shipping and transfer fees. Guns usually get there in 3-5 days. They also ship all over the country so I'm sure they can explain how to do this without inadvertently breaking the law. I've had great service from them. So have several friends.

To get a State of Washington License to Carry a Concealed Pistol, she needs to go to her local Sherriff or Police Department (her choice). Some have specific hours that they accept CPL applications. Most will post the hours online. I think the fee is about $60. She needs to be a U.S. citizen and not a felon, stalker, spouse-beater or crazy person. She should bring her WA State Drivers License. They will fingerprint her and run a federal and local background check. They have to send her the CPL within 30 days if she passes the background check. Some take the full 30 days, some don't. If she's a non-resident it could take 60 days. Also TX recognizes the WA State CPL, so she'll be covered for both states. Or if she already has a TX permit, she may be covered in WA. I'm not sure because it may depend on which state is her legal residence. It can never be that simple, can it?
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