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Old May 11, 2013, 09:57 PM   #1
Dragon52
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Join Date: May 11, 2013
Location: Manassas Park, VA
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Gifting Handgun

I am a resident of Virginia. My sister is a resident of Florida. I want to gift her a hand gun.
Is there any restriction in just gifting her the gun?
If she were a resident of VA, I can just give it to her. If I were a resident of FL, I could do the same.
My concern is "Intrstate Transfer".
Do I need to go through a FFL?
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Old May 11, 2013, 10:03 PM   #2
Ajtozzi
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Gifting Handgun

Short answer, yes. Or buy her a gift card!
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Old May 11, 2013, 10:08 PM   #3
zoomie
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Easiest for her to go buy it for herself and you send her money.
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Old May 11, 2013, 10:28 PM   #4
stephen426
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Where in Florida is your sister? I have a great FFL I use in South Miami. They only charge $15 for the transfer fee plus $5 for the NCIS. It is best to get an FFL to ship it to them. I just bought a gun from another TFL member and he ended up paying $100 MORE to ship the gun directly than it cost me to have my FFL ship to another FFL. Hope this helps!
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Old May 11, 2013, 10:52 PM   #5
JohnKSa
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As others have already said, interstate transfers (other than an exception for bequests/inheritances) must go through an FFL to avoid violating federal law.

Here are your options:

1. Buy the gun and take it to FL yourself. Then you and she can go to an FFL in her area and that FFL can transfer the gun to her. The FFL will charge a fee.

2. Buy the gun and then ship it to an FFL in her area. You can ship to the FFL directly as long as you are sure that (1) she will pass the background check and (2) the FFL in question accepts shipments from non-FFL holders and is expecting your shipment. They are not required to accept such shipments and many do not. If it is a handgun, you can not ship it through the U.S. mail and the two shipping companies that handle handgun shipping require that you pay for overnight delivery. There will also be a fee from the FFL in her area to handle the transfer to her.

If she fails the background check, then you're in kind of a pickle. The FFL can not return the gun directly to you, it will have to be shipped to an FFL in your area and you will incur additional shipping fees and a transfer fee from the FFL in your area to claim the firearm.

3. Buy the gun, take it to an FFL in your area and have that FFL ship it to an FFL in her area. The FFL can ship via less expensive means, but will likely charge you a fee for handling in addition to the shipping fee. This will still likely be less expensive than you shipping it yourself if you follow the shipping companies' policies. There will be a fee from the FFL in her area to handle the transfer to her.

In this case, if she fails the background check, the FFL in her area can ship the gun back to the FFL that you had ship it. You'll still be liable for shipping and any additional handling fees.

4. Send her the money and let her buy her own gun in her area.

Do NOT go to the store with her and have her pick a gun, let her fill out the paperwork and then step up and pay the money. While this is legal, strictly speaking, due to the circumstances of the situation, it will likely arouse suspicion on the part of the dealer who could decline to complete the transaction at that point.
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Old May 12, 2013, 06:05 PM   #6
Dragon52
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Join Date: May 11, 2013
Location: Manassas Park, VA
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Gifting handgun

Wow!! This is great feedback. all the info is great and thank you.
JohnKSa, your extensive details was what I was looking for. I will be in FL this June and I'll take her to a FFL and process the required paperwork and background check.
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Old May 15, 2013, 11:07 PM   #7
+1k ammo
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(other than an exception for bequests/inheritances)

Just a follow up, my Father just passed after a long battle with lymphoma and he requested that several of his guns be sent to his kids. My Mom is fine but she will not touch his gun room and the many many guns,so it is up to me.

So I am assuming that I can distribute the guns to my siblings and myself at the bequest of my Father without FFL or any other involvement? This is from MI to (IL and Ohio).
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Old May 15, 2013, 11:29 PM   #8
Frank Ettin
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Quote:
Originally Posted by +1k ammo
...Just a follow up, my Father just passed after a long battle with lymphoma and he requested that several of his guns be sent to his kids. My Mom is fine but she will not touch his gun room and the many many guns,so it is up to me.

So I am assuming that I can distribute the guns to my siblings and myself at the bequest of my Father without FFL or any other involvement? This is from MI to (IL and Ohio)...
My condolences. You might not be able, however, to handle things as you suggest. Under the exact language of the statutes (e. g., 18 USC 922(a)(3)), the exception applies only when one:
Quote:
...lawfully acquires a firearm by bequest or intestate succession...
The terms used, "bequest" and "intestate succession", have very specific meanings.

First, let's focus on "bequest"
  1. Was there a will admitted to probate?

  2. That's important because a bequest is, specifically (emphasis added):
    Quote:
    ..A gift of personal property (usually other than money) by means of a will...

So if there's no will, the gift is not a bequest.

We also need to look at "intestate succession".
  1. Without a will, who winds up with your father's property will be determined by the applicable intestate (without a will) succession laws. It's likely that under the applicable intestate succession laws the guns actually now belong to your mother.

  2. Of course, in that case your mother would be free to give the guns to whomever your father wanted to have them. She could thus carry out his wishes, but the transfers are, from the standpoint of the law, gifts from her since she is now the owner. Therefore, the transfers would not be within the exception to the federal interstate firearm transfer laws.

  3. Therefore, the guns would need to be sent to FFLs in the home States of the transferees, to be transferred in accordance with the usual formalities.
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Old May 17, 2013, 12:00 AM   #9
+1k ammo
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Thank you Frank. My Father was an avid shooter and gun collector his entire life and I will make sure his passion is honored.


He did have a will and had sent it to all three kids, so after things calm down I will look into what it states. I know that if there is no bequest, than they are my Moms and she cannot just give them to us.

Its funny that we had this conversation a while back and he was just very mad that he could not just give them to us. But I will of course follow the proper channels.
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