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December 27, 2016, 09:21 PM | #1 |
Junior Member
Join Date: January 1, 2015
Location: Metro detroit area
Posts: 6
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pistol transfer from daughter to mom
good evening one and all. have a question and hoping you might be able to help me out. to start with the concerned parties are both michigan residents. legally able to purchase and posses firearms. a friend of mine is a current cpl carryer and she would like to purchase a handgun for her mother from gunbuyer.com
this is going to be a late christmas present to her mom. now her mother has taken her cpl training course and within the next few days will turn in her app at the county clerks office. since she probably wont have her cpl for a month and a half or so, how would they go about transferring the pistol from daughter to mother. their local police station for the license to purchase or has that changed in anyway. it's been quite awhile since i went though that and am trying to get her (daughter) some straight facts. thank you in advance for any info.
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December 27, 2016, 09:59 PM | #2 |
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Join Date: June 20, 2007
Location: Rainbow City, Alabama
Posts: 7,167
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Michigan appears to be one of the "non free" states that heavily regulates purchase and also requires handgun registration. Best bet is to let daughter give Mom the money and let Mom obtain the handgun through a Michigan FFL.
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December 27, 2016, 11:52 PM | #3 |
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Join Date: September 28, 2008
Posts: 10,442
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Laws have been changing quite a lot recently, thanks to the winning efforts of gun rights court cases.
You might find the answers from handgunlaw.us and from your state gun rights groups, especially if there's a NRA affiliate in Michigan.
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January 25, 2017, 10:31 PM | #4 |
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Join Date: January 25, 2017
Posts: 33
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It is legal to buy a gun for someone as a gift. This is not considered a straw purchase.
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January 25, 2017, 11:07 PM | #5 | |
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
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Quote:
It is true that for the purposes of federal law and answering questions on the 4473, buying a firearm as a bona fide gift is not a straw purchase. But beyond that there may be issues of state law regarding the transfer of a gun from one person to another. So, for example, it appears that in the State of Michigan state law requires certain formalities in connection with the private transfer of a handgun from one resident to another. If the daughter wishes to buy a handgun from a dealer as a gift for her mother she would, under federal law, be the actual purchaser and could so answer on question 11(a) on the 4473. The daughter would thus not be a straw purchaser under federal law. But if the daughter now wishes to law transfer the handgun as a gift to her mother, Michigan law requires certain procedures to be followed. Those procedures appear to be somewhat involved and technical. The OP indeed knows that there are formalities which will need to be complied with and is asking for guidance as to exactly what those are and how to comply. So your response was not responsive to the OP's questions, was incomplete and therefore misleading. You were not helpful and did not contribute to helping the OP address his problems. Posts regarding legal issues need to be accurate and complete. Bad information can get people into trouble.
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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; January 26, 2017 at 07:34 PM. Reason: correct typo |
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January 26, 2017, 06:35 AM | #6 |
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Join Date: September 25, 2008
Location: CONUS
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I have sometimes seen it referred to as Kirk's First Law of the Internet: "If it's the law in Texas, it must be the law everywhere." The above discussion should serve as a reminder that the United States is comprised of 50 individual states (plus Washington, DC). Each of those 50 states can and does have its own laws, and those laws are not the same in many regards, and the laws of all 50 states may also differ from federal law addressing similar issues. When attempting to offer advice on legal questions, it is important -- as Frank has noted -- to understand that there's more to it than just federal law or just your home state's law. If a person asks a legal question without identifying a jurisdiction, the only really helpful answer is "Where are you?" In this case, the OP did identify a jurisdiction, and that jurisdiction happens to have some applicable regulations that must be kept firmly in mind.
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