Thread: Legal Question,
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Old October 29, 2017, 05:40 PM   #11
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
Quote:
Originally Posted by turkeestalker
...If my father has in his possession a hand gun or two that I gave to him to use for home protection, and he moves from this state to another, that would be a violation of federal law?....
No --
  1. He lawfully (unless you violated the State's transfer laws or you were not also a resident of that State -- in which cases there are other problems) acquired possession of the guns in what was then his State of residence.

  2. He now takes his lawfully possessed guns to a new State which he intends to be his new State of residence.

  3. Note that whether or not he has legal title to the guns is irrelevant for the purposes of federal law. The Gun Control Act of 1968 is concerned with possession, not necessarily with ownership.

Quote:
Originally Posted by turkeestalker
...If I were to once again take possession of them at some point after he's moved and bring them home, that would be a violation of federal law?...
Yes. It would be a transfer [of possession] from a resident of one State to a resident of another. Since they are handguns the transfer would, under federal law, need to go through an FFL in your State of residence. Note that the Gun Control Act of 1968 provides for no exception for transfers between family members.
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"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper

Last edited by Frank Ettin; October 30, 2017 at 12:52 AM. Reason: correct typo
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