Transfer question between relatives in different states

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jakeman

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I asked this same question in post #17 and this is post #40 and I was completely ignored. Everything I found referenced state laws NOT federal and I’d really like someone to show me what federal laws require an FFL transfer of a gun gifted from father to son.


There aren’t any. It’s people that think they know things that don’t that cause confusion.
 

Aries

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I've not seen any laws cited in this conversation that disallows a gift between relatives, regardless of where they live, as long as everyone is legal to own a firearm in the first place.
I asked this same question in post #17 and this is post #40 and I was completely ignored. Everything I found referenced state laws NOT federal and I’d really like someone to show me what federal laws require an FFL transfer of a gun gifted from father to son.
Please see post #20. I have never heard of exceptions based on being related, but if you believe it states such exceptions I'll have to leave the burden of proof to you, as I have not been able to find a copy of GCA '68 online. I believe there may be an exception to firearms that are inherited, but that wasn't part of the original post I was responding to. JEVapa also cited some specific sections of ATF regulations. You can both disagree with the interpretations if you like, but the information you say no one has provided, is in fact there.

You may not have seen my reference to GCA '68 in post #20, as I edited it in a little while after originally posting. It's been common knowledge for a long time the GCA ''68 prohibits transferring firearms to non-residents of your state (without an FFL), and in fact the article one of you linked states that in the article.
 

jakeman

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Please see post #20. I have never heard of exceptions based on being related, but if you believe it states such exceptions I'll have to leave the burden of proof to you, as I have not been able to find a copy of GCA '68 online. I believe there may be an exception to firearms that are inherited, but that wasn't part of the original post I was responding to. JEVapa also cited some specific sections of ATF regulations. You can both disagree with the interpretations if you like, but the information you say no one has provided, is in fact there.

You may not have seen my reference to GCA '68 in post #20, as I edited it in a little while after originally posting. It's been common knowledge for a long time the GCA ''68 prohibits transferring firearms to non-residents of your state (without an FFL), and in fact the article one of you linked states that in the article.

Language matters, and there is nothing in those cited laws that prohibit that transfer hand to hand between relatives, if they’re alive or dead. It doesn’t matter.

If you gents want to involve the federal government in a family transfer of bequeathed firearms, knock yourselves out, and you don’t have to be dead to bequeath something.

Again, if he puts postage on them and ships them it’s a different deal. So, he should go get them.
 

Firpo

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@Aries I appreciate the reference and have spent some time now searching the ATF website. I found a reference on gifting a gun to a minor and they said it was fine, you just had to write a letter explaining the intended use ie hunting, target practice, farming, etc….. Also found this discussing private sales and it states that you do NOT have to go through an FFL ie 4473 but do what you can to insure the buyer can legally possess firearms. https://www.atf.gov/file/58681/download
Wrapping all this up I didn’t read anything prohibiting a father gifting a gun to a son and the ATF further stated to check your state laws.

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Firpo

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I believe the OP misspoke and what he meant to say was that his father gifted him the gun(s) years ago when he lived in the same state and he was just holding them for him. 😬
 

Rod Snell

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478.30 Out-of-State disposition of firearms by nonlicensees.​

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.
 

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