Gifting a pistol question

V

VinnyT

New member
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?
Thanks!
 
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.
 
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.
 
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.

:confused:
 
18 USC 922
(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;
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The pawn shop is wrong in their advice to you. Both you and your son-in-law would be in violation of federal law. There may also be state laws that deal with the transfer of a firearm into the state.

I suggest that you spend the few dollars to legally make the transfer in GA.
 
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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The pawn shop is wrong in their advice to you. Both you and your son-in-law would be in violation of federal law. There may also be state laws that deal with the transfer of a firearm into the state.
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Did you make it clear to the pawn shop that you are from another state, and it would be an interstate transfer?
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.
 
VinnyT said:
...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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They are completely wrong in your case because you and your son are residents of different States. Here is the whole deal all laid out:

[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:
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;​
...
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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.
 
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.
 
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.
 
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.)
 
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.
 
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