My dad wants to give me a rifle and a pistol because he is getting older, but we live in different states. What are the laws regarding this, if I travel to see him can I just take possession since he is my dad? Or not?
Gave my son and grandson 7 total. They live in Kansas. I have a firearm release form I made myself that states that I freely gifted the firearm with serial number to the person name inverted freely without coercion followed by t(e date. One witness must sign in addition to myself and the receiving the firearm along with the date.
That is what I was afraid of Rod. So if I have a FFL here in OK that doesn't mind receiving it from a non-FFL shipper, is that the right way to handle it? I suppose I could pick up the slide/magazine in person and just have the receiver sent through that process.
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If it was me, and I visited dad on occasion, I'd just bring them home. Just sayin'...if it was me.
For the handgun, it must go through an FFL in the "buyer's" home state. An FFL can legally receive a gun from anybody, but some stores have peculiar policies. You can satisfy Fed law for the long gun by doing the paper transfer in either state.
This law is one that some people say ignore, but I know people who have been caught. Like a strawman buy, the potential penalty is harsh. Maximum penalty is 5 years imprisonment with a felony conviction.
https://regulations.atf.gov/478-31/2022-17741#478-31
No nonlicensee shall transfer, sell, trade, give, transport, or deliver any firearm to any other nonlicensee, who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides: Provided, That the provisions of this section:
a.shall not apply to the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or any acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence; and
b.shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes.
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Does this mean that my dad would be unable to send it to a FFL in my state assuming that my FFL doesn't care about receiving from a non-FFL?
Or that my dad would have to find an FFL in his state willing to send it to my FFL?
I'm not going to take a chance on doing it wrong.
Who is going to say you didnt receive it as a gift while still living at home to begin with and it was in your possession when you moved. The only way the gun can be traced back to your dad is if he bought it thru a FFL and done the 4473 and someone pull the records of it and no one would know whether he bought it as a gift from day one. Unless he lives in a state that makes him regisiter their firearms.
I hear what you are saying rickm, what if it was given to me when I lived there and he has been holding on to it for me all these years. The whole thing is really dumb, but the bottom line is that I'm not taking any chances not doing it the right way. It sounds like I need to find an FFL there willing to ship it to my local FFL. I was hoping I could just have my dad mail it to my FFL - I thought that was a thing, that some FFL's could receive a firearm from individuals as well as other FFL's, but I'm not sure what the rules are around that.
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