Gifting rifle to out of state relative?

Status
Not open for further replies.
P

Prof Young

New member
I'm headed out from Illinois, driving, to visit my brother in Idaho. I'd like to give him a rifle for small game hunting. I know I need to do some research into Idaho gun law, but I'm wondering if anyone has knowledge or insight here.

Thanks for responses.

Life is good.
Prof Young
 
Idaho has extremely gun friendly laws. Having glanced at some I see no problem with you bringing in a rifle and gifting it to your brother assuming your brother is not under any gun disability. That said I am neither a resident of Idaho or an attorney. More like, I don't see why not.

Ron
 
Federal law also applies...so, no, don't do that.
Residents from different states generally have to go through a FFL.
 
Interstate transfers must go through an FFL.

Long guns can be transferred through an FFL in the state of residence of the transferor or the transferee (depending on any applicable state laws). Handguns must be transferred through an FFL in the recipient's state of residence.
 
Reloadron Idaho has extremely gun friendly laws. Having glanced at some I see no problem with you bringing in a rifle and gifting it to your brother assuming your brother is not under any gun disability. That said I am neither a resident of Idaho or an attorney. More like, I don't see why not.
Click to expand...
Please don't offer advice or opinion on the legality of firearms laws unless you have a basic understanding.....you don't.

If the OP followed your advice he and his brother violate Federal law, both committing felonies.
Meaning neither could legally possess or use a firearm again.

One doesn't need to be an attorney or resident of any particular state in order to read what is easily found at atf.gov
 
Just in case someone gets the idea, the OP can't get around transferring the rifle to his brother through an FFL by "loaning" his brother the rifle for an indefinite period.

A "loan" for an indefinite period would be not be a permissible load under 18 USC 922(a)(5). And the brother accepting the gun in his State of residence after it was brought into the State by the OP would violate 18 USC 922(a)(3).

  1. Let's look at the applicable statutes again:

    • 18 USC 922(a)(3), which provides in pertinent part (emphasis added) as follows:
      (a) It shall be unlawful—
      ...

      (3) for any person, ... to transport into or receive in the State where he resides ...any firearm purchased or otherwise obtained by such person outside that State,...
      Click to expand...

    • And 18 USC 922(a)(5), which provides in pertinent part (emphasis added) as follows:
      (a) It shall be unlawful—
      ...

      (5) for any person ... to transfer, sell, trade, give, transport, or deliver any firearm to any person ...who the transferor knows or has reasonable cause to believe does not reside 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 ..., and

      (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;​
      ..
      Click to expand...

    • So under federal law a resident of one State may loan a gun to a resident of another State, but only temporarily and only for a lawful sporting purpose.


    • So a court is likely to look at the "temporary loan for a lawful sporting purpose" exception to the prohibition on interstate transfers to apply when a gun is loaned so that the person it's been loaned to can engage in a specific sporting activity (i. e., a hunt, a competition, etc.) of limited duration. "Temporary" would refer to the duration of that activity. Such an interpretation would be consistent with the common meanings of the words used in the statutes and the underlying purpose (controlling interstate transfers of firearms) of GCA68.

    • So you may go to another State where (under 18 USC 922(a)(5)), a friend may loan you a gun to, for example, go target shooting together, or an outfitter may rent you a gun for a guided hunt. But since there is no applicable "loan" exception in 18 USC 922(a)(3), a loan of a firearm may not cross state lines to the borrower's State of residence.


  2. Note that violations of federal law regarding interstate transfers are punishable by up to five years in federal prison and/or a fine; and since the crime is a felony one will lose his gun rights for the rest of his life.
 
Thanks and . . .

Okay. So when I get to Idaho, we find an FFL and that FFL can legally transfer ownership from me to him, so long as it is a long gun, not a handgun. Am I understanding this correctly?

Life is good.
Prof Young
 
Prof Young said:
Okay. So when I get to Idaho, we find an FFL and that FFL can legally transfer ownership from me to him, so long as it is a long gun, not a handgun. Am I understanding this correctly?
Click to expand...
I believe so. In fact, since you will be in the recipent's (transferee's) state of residence, you could even do this with a handgun.

Caveat: To do these transfers, the FFL has to enter the firearm into his bound book as coming in (from you), then he immediately enters it as going out (to your brother). Some FFLs are reluctant to accept an incoming firearm that doesn't come from another FFL. I would suggest calling ahead to be certain the FFL you want to use will be willing to handle the transaction. Since you will be standing there, with your identification, there shouldn't be a problem, but it won't hurt to call ahead and verify procedure.
 
Prof Young said:
Okay. So when I get to Idaho, we find an FFL and that FFL can legally transfer ownership from me to him, so long as it is a long gun, not a handgun. Am I understanding this correctly?

Life is good.
Prof Young
Click to expand...
You have understood correctly. All interstate firearms transfers (i.e., ones between residents of different states) must go through an FFL, with certain specific exceptions. It doesn't sound like this is a 'temporary loan,' and you're apparently still alive, so it's not a bequest. Thus, the exceptions don't apply here. That being the case, this transfer has to go through an FFL. Since this is a long gun, it can go through an FFL in any state, If it were a handgun, it would have to go through an FFL in the tranferee's state of residence.

I'd suggest having him call around. The law says that the transfer has to go through an FFL. It does not say that the FFL has to do the transfer. My point is, before you make a however-long trip to the FFL, it would be nice to know if they'll accept an in-person transfer from an out of state resident. Also have him check transfer prices.
 
Final status . . .

When I got to Idaho I found that my brother already had a good small game rifle so the issue became mute.

Idaho is a gorgeous gun friendly place. Worth a look.

Life is good.
Prof Young
 
Status
Not open for further replies.
Back
Top