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September 7, 2020, 05:09 PM | #1 |
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Join Date: August 21, 2007
Location: Illinois - down state
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Gifting rifle to out of state relative?
I'm headed out from Illinois, driving, to visit my brother in Idaho. I'd like to give him a rifle for small game hunting. I know I need to do some research into Idaho gun law, but I'm wondering if anyone has knowledge or insight here.
Thanks for responses. Life is good. Prof Young |
September 7, 2020, 05:20 PM | #2 |
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Location: Cleveland, Ohio Suburbs
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Idaho has extremely gun friendly laws. Having glanced at some I see no problem with you bringing in a rifle and gifting it to your brother assuming your brother is not under any gun disability. That said I am neither a resident of Idaho or an attorney. More like, I don't see why not.
Ron |
September 7, 2020, 06:20 PM | #3 |
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Federal law also applies...so, no, don't do that.
Residents from different states generally have to go through a FFL. |
September 7, 2020, 06:33 PM | #4 |
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Interstate transfers must go through an FFL.
Long guns can be transferred through an FFL in the state of residence of the transferor or the transferee (depending on any applicable state laws). Handguns must be transferred through an FFL in the recipient's state of residence.
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September 7, 2020, 07:02 PM | #5 | |
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Quote:
If the OP followed your advice he and his brother violate Federal law, both committing felonies. Meaning neither could legally possess or use a firearm again. One doesn't need to be an attorney or resident of any particular state in order to read what is easily found at atf.gov
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September 7, 2020, 08:11 PM | #6 | |||||
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Just in case someone gets the idea, the OP can't get around transferring the rifle to his brother through an FFL by "loaning" his brother the rifle for an indefinite period.
A "loan" for an indefinite period would be not be a permissible load under 18 USC 922(a)(5). And the brother accepting the gun in his State of residence after it was brought into the State by the OP would violate 18 USC 922(a)(3).
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September 8, 2020, 01:06 PM | #7 |
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Thanks and . . .
Okay. So when I get to Idaho, we find an FFL and that FFL can legally transfer ownership from me to him, so long as it is a long gun, not a handgun. Am I understanding this correctly?
Life is good. Prof Young |
September 8, 2020, 01:23 PM | #8 | |
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Quote:
Caveat: To do these transfers, the FFL has to enter the firearm into his bound book as coming in (from you), then he immediately enters it as going out (to your brother). Some FFLs are reluctant to accept an incoming firearm that doesn't come from another FFL. I would suggest calling ahead to be certain the FFL you want to use will be willing to handle the transaction. Since you will be standing there, with your identification, there shouldn't be a problem, but it won't hurt to call ahead and verify procedure.
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September 10, 2020, 04:32 AM | #9 | |
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Quote:
I'd suggest having him call around. The law says that the transfer has to go through an FFL. It does not say that the FFL has to do the transfer. My point is, before you make a however-long trip to the FFL, it would be nice to know if they'll accept an in-person transfer from an out of state resident. Also have him check transfer prices.
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October 3, 2020, 12:37 PM | #10 |
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Final status . . .
When I got to Idaho I found that my brother already had a good small game rifle so the issue became mute.
Idaho is a gorgeous gun friendly place. Worth a look. Life is good. Prof Young |
October 3, 2020, 02:20 PM | #11 |
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A happy ending.
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