December 20, 2011, 12:17 PM | #1 |
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Gifting a pistol question
Ok, going to Georgia the end of the week to see my son-in-law. I am buying him a pistol and taking it down with me. It will be in a locked box, unloaded. My question is how do I gift this to him? Do I need for both of us to sign a paper stating it is a gift?
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December 20, 2011, 12:24 PM | #2 |
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Your best bet is to take it to a gunstore in GA, have the store sign it into their books, and then have your son-in-law sign for it as if he would if he bought it. The store will charge you a fee, but there is no sales tax (except, maybe, on their fee). This complies with federal law, which prohibits someone from another state supplying a HANDGUN to a person not from their home state.
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December 20, 2011, 01:47 PM | #3 |
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The above response is correct. You live in different states, so it is an interstate transfer. ALL interstate transfers oh handguns MUST go through an FFL in the recipient's home state.
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December 20, 2011, 02:12 PM | #4 |
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Thanks for the responses. I called a Pwan Shop/Gun Delaer there and they said all I need is a signed form between us saying the pistol is a gift.
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December 20, 2011, 02:26 PM | #5 | |
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Quote:
I suggest that you spend the few dollars to legally make the transfer in GA. |
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December 20, 2011, 02:51 PM | #6 | |||
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Quote:
Quote:
Did you talk to the owner/licensee, or just some clerk? For a legal transfer across state lines, you must do it through a licensed dealer, and your son-in-law will have to fill out a form 4473, and have the NICS check done. the handgun will go into, and out of the dealers bound book like he purchased it from him. there probably will be a charge from the dealer for the transfer unless it is someone that your son-in-law does a lot of business with.
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December 20, 2011, 03:42 PM | #7 | ||
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Quote:
[1] Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.). [2] In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you. [3] In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer is in compliance with the laws of the State in which it takes place; and (3) the transfer complied with the law of the transferee's State of residence. [4] In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies. [5] There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives. [6] The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); 18 USC 922(a)(6) and 18 USC 922(b)(3). Here's what the statutes say: Quote:
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December 20, 2011, 04:25 PM | #8 |
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do the lawful and correct FFL transfer and you have no future problems.
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December 20, 2011, 04:30 PM | #9 | |
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Quote:
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December 20, 2011, 07:09 PM | #10 |
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Thanks all!
I will most certainly do the FFL transfer now. |
December 20, 2011, 08:18 PM | #11 |
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Interesting post and it answers a question I've had. Thanks for educating us - there is always a "right" and a "wrong" way to do something and your information might help a lot of folks from having the same situation come back later and bite them in the seat of the pants.
I had a situation a couple of years ago where I had two "unregistered" handguns - one that I had inherited from my father who had registered it in 1956 and a Colt 1911A1 that had been given to me by a fellow who had it give to him by a returning Navy pilot in WWII. The 45 was never registered. I live in Michigan so I took them to the Sherriff's Dept. and the lady who handles registration was very helpful. She told me that they would be considered "estate" guns (basically, guns from an estate that no background was available on them). They of course ran them to see if they were stolen and when they came back clean, she registered them to me. I told her I was going to sell them and she made no mention of what you are talking about nor did she ask if they would be sold "in state" or "out of state". Fortunately, I signed them over to a FFL Dealer who consigned them and sold them for me. I ended up with another pistol that had never been registered so I took it in and went through the same registration process again. I was going to sell it and if i couldn't find a buyer, I was going to give it to a cousin who lives out of state. Fortunately, I did a private sale "in state" and as per the Sherriff's Dept., all we had to do was transfer the registration to the new owner. Obviously had I given it to my cousin, I would have been in violation of the very thing you are talking about. Thanks again for clarifying what is required for that particular situation when it concerns two states.
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December 20, 2011, 08:26 PM | #12 |
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One note of interest bedbugbilly. The registration you mentioned is a state law, and not all states require it. All states have different laws.
Many people are under the impression that the 4473 form, and NICS phone call are "registration" they are not. Only a quick background check, and a form that the dealer keeps in his records, made available to law enforcement only if they request it.
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December 21, 2011, 12:06 PM | #13 |
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Called the local ATF. He said I can transport it to Georgia and have the Georgia FFL do the 4473 form to get my son-in-laws name "in the books" for Georgia. He said that a gift is fine for checking YES on the "Are you the actual buyer" question.
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December 23, 2011, 10:53 PM | #14 |
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Another example of our nonsensical federal gun laws. I can give a gun to my son in law if he lives in the same state as I do, but I commit a federal crime if he does not. How does an inconsonant outcome like this advance the cause of law and order??? It's time the NRA (or someone) started questioning the efficacy of some of these dopey laws and working toward getting them reformed. (And you don't need to point out that the feds have jurisdiction over interstate transactions - I know that. I'm just pointing out the lack of sound logic behind this particular law.)
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December 24, 2011, 04:39 PM | #15 |
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I think it is because the federal government becomes involved with any interstate "commerce" since who determines which state's law(s) takes precedent? Think about moving a gun between Arizona and Texas versus between Arizona and California.
Last edited by wgsigs; December 24, 2011 at 04:49 PM. |
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