The Firing Line Forums

Go Back   The Firing Line Forums > The Conference Center > General Discussion Forum

Reply
 
Thread Tools Search this Thread
Old July 20, 2009, 01:06 PM   #1
MajUSARet
Member
 
Join Date: March 26, 2009
Location: Utah
Posts: 16
Legal Requirements When Given A Gun

My brother-in-law has a number of guns. He has suggested giving me a couple of them. I was just wondering what the legal ramifications are i.e. registration; carrying a gun not bought through an FFL dealer with all the paperwork etc. What are your thoughts on this?
__________________
Maj. USA (Ret.)
MajUSARet is offline  
Old July 20, 2009, 01:14 PM   #2
Doyle
Senior Member
 
Join Date: June 20, 2007
Location: Rainbow City, Alabama
Posts: 7,167
Depends on where he lives. Utah (if I remember correctly - I haven't lived there in many years) is not a registration state. If he lives in Utah, then no problem. Just let him give you the guns. If he lives out of state, law says transfer has to go through an FFL. He would send them to your FFL (or bring them in person).

However, that being said. If he were my brother, I'd invite him for a visit (with the guns of course) and let him just happen to forget to take them home.
Doyle is offline  
Old July 20, 2009, 01:20 PM   #3
Pahoo
Senior Member
 
Join Date: February 16, 2006
Location: IOWA
Posts: 8,783
Have to suggest that you check your state laws on this just to make sure. In my state, all I should do is thank my Brother Inlaw. Now, there is no law that says you can't transfer this through an FFL dealer and that will cost you about $20.00 or $25.00 depending on his discretion.

Remember that just like in the service; When you ask a question, you probably won't like the answer. :barf:


Be Safe !!!!
Pahoo is offline  
Old July 20, 2009, 09:07 PM   #4
MajUSARet
Member
 
Join Date: March 26, 2009
Location: Utah
Posts: 16
Legal Requirements For Gift of Gun

Thanks all. My bro-in-law lives in Chicago area. He has an FFL. He should be visiting soon. Thanks for the info.
MajUSARet is offline  
Old July 21, 2009, 01:47 AM   #5
Samuel2001
Senior Member
 
Join Date: August 17, 2001
Posts: 838
Requirement = THANK HIM!
__________________
.45 ACP
Because no matter how you try to rationalize it, 9mm is still for women and pansies.


Build a bridge, and...GET OVER IT!
Samuel2001 is offline  
Old July 21, 2009, 07:34 AM   #6
spodwo
Senior Member
 
Join Date: August 31, 2008
Posts: 839
Major...if he has an FFL and in Illinois...

He should be visiting soon? Are you in Illinois also?

Anyway...

Quote:
Purchase
A buyer is required to show his Firearms Owner’s Identification Card (FOID) when purchasing any firearms or ammunition. Any seller is required to withhold delivery of any handgun for 72 hours, and of any rifle or shotgun for 24 hours, after the buyer and seller reach an agreement to purchase a firearm.
The waiting period does not apply to a buyer who is a dealer, law enforcement officer, or a nonresident at a gun show recognized by the Illinois Department of State Police.

The seller must retain for 10 years a record of the transfer, including a description of the firearm (including serial number), the identity of the buyer, and the buyer’s FOID number.

I don't know how this applies to "gifts" but gifts would have to be accounted for - I would imagine.

In Chicago - all firearms have to be registered...
spodwo is offline  
Old July 21, 2009, 07:42 AM   #7
blume357
Senior Member
 
Join Date: August 2, 2005
Location: Greenville, SC
Posts: 3,943
Just being difficult, but since he has an FFL he (the brother in law) should

know this.

now the really good part is that your brother in law can mail all these guns to your FFL via the U.S. postal service... cheapest way to get them to you other than him just bringing them.
blume357 is offline  
Old July 21, 2009, 11:38 AM   #8
NavyLT
Junior member
 
Join Date: January 25, 2006
Location: Oak Harbor, WA
Posts: 1,719
Quote:
Originally Posted by Samuel2001
Requirement = THANK HIM!
NOT if they are residents of different states. MajUSARet may be thanking his brother-in-law for a felony and his brother-in-law may be thanking MajUSARet for the loss of his FFL.

First are they handguns or long guns.

Second, if you are not in Illinois, your brother-in-law's FFL has NO BEARING on this transfer.

Third, for handguns the transfer MUST go through an FFL in the recipient's state of residence.

Fourth, for longguns, the transfer may go through an FFL in the recipient's state of residence OR may be done at an FFL in the giver's state of residence BUT it must occur at the FFL's place of business. So - your out of state brother in law cannot bring the guns to you.

These requirements are in 18 USC 922(a)(3), (a)(5) and (b)(3).

If your brother-in-law has an FFL - why doesn't he know the answer to these questions?
NavyLT is offline  
Reply

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 02:18 AM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2024, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2021 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Page generated in 0.06666 seconds with 10 queries