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Old December 18, 2019, 02:19 PM   #1
Rich_357
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Transfering a firearm to a resident of another state?

Hey all,

I need some legal advice. I want to gift a firearm to a resident of another state who can legally own said firearm. From what I have read, it is illegal to transfer to a resident of another state if it's not done through a FFL in the recipient's home state? Is that correct???

I called a FFL in the recipients state and they didn't know a thing about it. They just told me to get a bill of sale. I'd rather be safe than have the FEDS knocking on my door one day.

Edit for clarification: The firearm is currently owned by and registered to me.
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Old December 18, 2019, 02:32 PM   #2
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Handguns must be transferred through an FFL in the recipient's state of residence.

Shame on his FFL for not knowing that. The guy failed FFL 101.
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Old December 18, 2019, 02:47 PM   #3
Rich_357
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Thank you for the verification; I kinda figured that was the case.
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Old December 18, 2019, 10:06 PM   #4
raimius
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You are correct, interstate transfers must go through an FFL.
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Old December 18, 2019, 10:28 PM   #5
Aguila Blanca
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Quote:
Originally Posted by raimius
You are correct, interstate transfers must go through an FFL.
Further clarification:

Subject to the laws of both states involved, long guns can be transferred through an FFL in either state. Handguns must be transferred through an FFL in the recipient's state of residence.
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Old December 18, 2019, 10:55 PM   #6
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How does it work for inherited guns from another state?
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Old December 19, 2019, 12:14 AM   #7
Aguila Blanca
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Quote:
Originally Posted by Sharkbite
How does it work for inherited guns from another state?
Inherited guns are a special case, at least under federal law. The federal law provides that firearms inherited by bequest or intestate succession may be transferred directly by the executor to the heir.

State laws may complicate that.
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Old December 19, 2019, 11:29 AM   #8
Pahoo
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CYA with an FFL

Quote:
I called a FFL in the recipients state and they didn't know a thing about it.
That is pretty sad and we do not need FFL dealers like this and though rare, they are still there. ….

By your post/question, you are trying to do the right thing. Once you have documented the recipient's FFL, Go to your FFL and he will take care of the transfer. There will be some charges but you will be safe

My local FFL will only accepts firearms, from another FFL. In fact, when in doubt regardless of the circumstances, go through an FFL. I once ran into a private seller that had a Sako rifle for sale and we agreed on the price. Right off, he stated that he would only sell through an FFL and he would pay the fee. This was in state and I had no issues with this requirement. We shook hands and we both walked away "happy".

Be Safe !!!
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Old December 19, 2019, 02:47 PM   #9
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Quote:
Originally Posted by Aguila Blanca View Post
Inherited guns are a special case, at least under federal law. The federal law provides that firearms inherited by bequest or intestate succession may be transferred directly by the executor to the heir.

State laws may complicate that.
This^, unless the heir lives in a state where the firearm in question is prohibited.
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Old December 19, 2019, 06:34 PM   #10
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Originally Posted by Mongo Bongo
This^, unless the heir lives in a state where the firearm in question is prohibited.
I'd say that falls under "State laws may complicate that."
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Old December 19, 2019, 09:07 PM   #11
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Quote:
Originally Posted by Rich_357 View Post
Edit for clarification: The firearm is currently owned by and registered to me.
Federal firearm laws are concerned with transfers of possession, not ownership. And there is no registration of firearms on a federal level, and there’s also no registration in most states. What state do you live in?
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