Transfer question between relatives in different states

[Aries]

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.

I would check with Patrick at B.A.N.G. He is an FFL in Broken Arrow, I expect he would accept it from anyone who can legally ship it to him, and he only charges $10 to do the transfer (unless he has increased his fee). He can surely tell you how you can legally get it to him.

He is a member here, I can't think of his screen name off the top of my head, but someone will remember. Not sure how much time he spends here, but contact info on his website.

http://banationalguns.com/
Tell him you asked this question on OSA, and we told you to call him.

 

[alank2]

Patrick is definitely my guy on this end; he is fantastic.

 

[Firpo]

I’d go get the darn thing and bring it back without a second thought. My father lives in Arizona where it’s perfectly legal to gift a gun to any US citizen as long as the person being gifted isn’t prohibited from possessing a firearm. And I live in the great state of Oklahoma that has the same allowances for gifting. So what am I missing??

 

[Snattlerake]

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?

Well now that you put it out on the internet, you have to go through an FFL.

 

[Aries]

I’d go get the darn thing and bring it back without a second thought. My father lives in Arizona where it’s perfectly legal to gift a gun to any US citizen as long as the person being gifted isn’t prohibited from possessing a firearm. And I live in the great state of Oklahoma that has the same allowances for gifting. So what am I missing??

Federal law.

 

[JEVapa]

Now that this is all on the internet, the fuds have the goods on you so what @Snattlerake said. Or you can move there and change your address and get them. Or move your dad here, change his address, and get them.

 

[Firpo]

Federal law.

Did a Google search and found this on the NRA Women’s website. NRA Women | How to Give a Gun as a Gift
Mentions state background checks and state laws but nothing about satisfying some federal law. Now you’ve got me curious, I don’t want to mislead anyone. Would you please provide a link to the federal law(s) to which you’re referring?

 

[JEVapa]

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:

1. 
   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
2. 
   b.shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes.

That link specifically applies to a carrier, either common or contract. Not a transfer as a gift from a family member or friend.

More diggin to do.

478.29; 478.29a; 478.30 seem to cover it. Call the feds though, they can always clarify.

 

[crrcboatz]

That link specifically applies to a carrier, either common or contract. Not a transfer as a gift from a family member or friend.

More diggin to do.

478.29; 478.29a; 478.30 seem to cover it. Call the feds though, they can always clarify.

Bingo! Correct

 

[Aries]

Did a Google search and found this on the NRA Women’s website. NRA Women | How to Give a Gun as a Gift
Mentions state background checks and state laws but nothing about satisfying some federal law. Now you’ve got me curious, I don’t want to mislead anyone. Would you please provide a link to the federal law(s) to which you’re referring?

I could but others have already covered it. The link you posted even has this paragraph in it:

"Whether the gun is a new purchase or a hand-me-down gift, if the recipient lives in a different state, you are legally required to make the transfer via an FFL, regardless of the private transfer laws in your state and theirs. Crossing state lines makes it a federal matter."

EDIT: Oops, I thought JEVapa was replying to your link, but was actually replying to another post. To answer you question, the relevant law is the GCA of 1968. Here is a link to the ATF summary.

https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca