Face-to-Face Gifting of a handgun to a son/daughter who is resident of another state

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mehavey

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Can a legal handgun owner in State-A, physically travel to the his/her legal-age son-daughter
in another State-B [Georgia] where that son/daughter may also legally possess a handgun
without either license or registration ...and "gift" that handgun face-to-face to that son/daughter
... without an FFL transfer?

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US Code said:
Sec 922 (a)It shall be unlawful

(5)for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) 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; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an 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) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
Click to expand...

Short answer, aside from going through an FFL, it is illegal, unless that firearm is legally bequeathed to them in a will or intestate succession (death of an individual with no will).
 
If you don't want to ship it and are traveling anyway, you can legally take it there with you and visit a Georgia FFL and do the transfer in that way... If you pick the FFL ahead of time then you could be talking about maybe $15 or $20. No shipping hassles, just bring your driver's license and the son or daughter does the 4473/NICS.

Not what you wanted, but maybe the next best?
 
mehavey said:
Can a legal handgun owner in State-A, physically travel to the his/her legal-age son-daughter
in another State-B [Georgia] where that son/daughter may also legally possess a handgun
without either license or registration ...and "gift" that handgun face-to-face to that son/daughter
... without an FFL transfer?
Click to expand...
No.

Here (for the umpteenth time) is the whole federal law story on interstate firearms transfer (not including the rules for those with Curio and Relic licenses and the subject of dual residency):

  • 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.).

  • 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.

  • 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 complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence.C] 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.

  • 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.

  • The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).

  • Here's what the statutes say:
    18 U.S.C. 922. Unlawful acts

    (a) It shall be unlawful—
    ...

    (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph

    (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,

    (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and

    (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;​

    ...

    (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) 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; except that this paragraph shall not apply to

    (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an 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) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;​

    ....

    (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
    ...

    (3) any firearm to any person who the licensee 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 licensee's place of business is located, except that this paragraph

    (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and

    (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;​

    ...
    Click to expand...
 
Under federal law, any transfer ... from a resident of one State to a resident of another must be through an FFL....
must comply with all the requirements of the State in which the transfer is being done ... In the case of
handguns, it must be an FFL in the transferee's State of residence.
Click to expand...
Not to seem dull Frank, but does that mean if the owner of the handgun is actually in the other state [Georgia], that he/she/it must actually return to the home state ...and cannot simply go to an FFL in Georgia to make the transfer?
 
mehavey said:
Not to seem dull Frank, but does that mean if the owner of the handgun is actually in the other state [Georgia], that he/she/it must actually return to the home state ...and cannot simply go to an FFL in Georgia to make the transfer?
Click to expand...
The person who has possession of the handgun and is transferring possession to someone else is the transferor. The person who is receiving the handgun is the transferee.

And under federal law, the transfer of a handgun must be done by an FFL in the transferee's State of residence. If someone comes visiting you from another State, and you want to give him a pistol, you can't use an FFL in your State. The handgun must be sent to an FFL in the transferee's State or residence to do the transfer. See 18 USC 922(a)(3).
 
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