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Old November 19, 2011, 10:21 PM   #1
jimmythegeek
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transfering a pistol to a brother, ftf?

I live in Washington, he lives in Illinois. We're together in CA.

Can I just give him his x-mas present?
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Old November 19, 2011, 10:28 PM   #2
Powderman
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Short answer--unfortunately, no.

Since your brother is a resident of another State, the transfer must take place from an FFL in the State of Illinois.

Be advised as well--there are other requirements in the State of Illinois to satisfy for the transfer of a handgun.

You also can not initiate the transfer in California, either. You have to start the process in Washington. Find an FFL in Illinois that would be willing to do the transfer.

Don't shortcut this step--it's not worth a trip to Club Fed.
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Old November 20, 2011, 12:03 AM   #3
Aguila Blanca
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To confirm what Powderman wrote: Under Federal law, all interstate handgun transfers MUST be made through an FFL in the recipient's state of residence. It's all based on the legal place of residence of the parties -- the fact that you will both be together briefly in a third state does NOT take the transfer out of the realm of interstate commerce.

I am not from Illinois and I do not pretend to know anything about their laws, but -- based on what I've seen in various gun forum discussions -- I believe your brother will need an FOID (Firearms Owner IDentification) card to be allowed to receive the transfer.
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Old November 20, 2011, 05:11 AM   #4
jimmythegeek
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OK, thanks folks

It's not that much money to do the FFL+shipping, I guess.
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Old November 20, 2011, 01:17 PM   #5
sigcurious
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Does your brother live in Chicago? If so he will also need a CFP(Chicago Firearms Permit) before he can legally bring it into the city. Hopefully in the case of the FOID and ,if needed, the CFP he already has them, otherwise you will not be able to give him his present for a while.
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Old November 20, 2011, 02:38 PM   #6
blume357
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Loan him the gun... that's a nice enough gift.
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Old November 20, 2011, 05:29 PM   #7
Aguila Blanca
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Quote:
Originally Posted by Blume357
Loan him the gun... that's a nice enough gift.
If they lived in the same state, this might be acceptable. Since they live in different states, you are advocating an illegal act. Federal law provides for the temporary lending of firearms for lawful sporting purposes. The law does not define either "temporary" or what constitutes a "lawful sporting purpose." However, in assessing what firearms can be imported, the BATFE has taken a very narrow view. Hunting and traditional shooting competitions are essentially what they have in mind. IDPA, IPSC/USPA, and cowboy action shooting are NOT considered to be lawful sporting activities by the BATFE. And I don't think that "temporary" under Federal law means "here, it's yours forever." I think it means more like "Sorry your gun broke. You can use my spare for the afternoon to finish the hunt/match."
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Old November 21, 2011, 06:24 AM   #8
blume357
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I was not promoting an illegal act... just offering what I thought was a legal solution.
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Old November 21, 2011, 12:10 PM   #9
Frank Ettin
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Quote:
Originally Posted by blume357
I was not promoting an illegal act... just offering what I thought was a legal solution.
No, you were promoting an illegal act. Doing what you would be illegal no matter what you thought.

As AB says, the loan exception under federal law is very narrow. In addition, the brother would commit a federal felony by violating 18 USC 922(a)(3) were he to take the "loaned" gun back home with him.
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Old November 22, 2011, 01:17 AM   #10
bitttorrrent
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Yep, pistols are pretty tough.

He has to have a FOID card even to buy ammunition and yes if in the City of Chicago, you need to get a CFP (Chicago Firearms Permit) and then register each gun as you get it.

Out of state must be through a FFL.

It is so much easier to just buy in state - that is what I usually do. You can find deals if you look around - there are classifieds and sales at local gun shops and ranges.

It is not too bad, just wish IL would get on board with the rest of the nation and allow some kind of carry law. I think I'll be dead by the time it is allowed in this wonderful state.

I should move.
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Old November 22, 2011, 12:34 PM   #11
noelf2
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Keep the gun for him. Gives him incentive to help get the laws changed in his repressive state/city, or to move out of it.
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Old November 28, 2011, 11:12 PM   #12
Eagle Eye
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Give him the cash. Let him buy what he wants as long as he does so legally.
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