popeyespappy
New member
Can I give my Glock 22 to an old friend in another state as a gift without going through an FFL transfer? I am in Alabama. My friend is in Ohio.
blume357: then again you could just loan him the gun for a while....
I have an AR15 that a friend down in Florida loaned me a while back...
But the ATF regulations address transfers, not just sales.AirForceShooter said:...And a "gift" is not a sale. It is a transfer of posession.
How do you figure that this arrangement is legal?blume357 said:then again you could just loan him the gun for a while....
I have an AR15 that a friend down in Florida loaned me a while back...
I know the BATFE recognizes loans (see the end of the citation in fiddletown's post, above), ...
...but a "loan" to a person in another state, for a long and indeterminate period of time, for an indeterminate purpose or purposes, seems to me a lot more like a transfer than a loan. Do as you will, but IMHO you're skating on thin ice, and so is the friend who "lent" you the weapon.
Verbal interpretations or opinions given by an ATF IOI over the phone are worth the paper they are written on and carry little weight when you get handcuffed.johnbtI disagree, and so does the ATF. According to the ATF agent who was called by a poster in this thread"If you reside in SC, then you and your friend in Florida have transferred a firearm interstate in violation of Federal law. "
www.thehighroad.org/showthread.php?t=477830
johnbt: From post #27...I then asked about, say my brother comes into my state and then takes my handgun and rifle back to Texas with him, is that any less legal? He said 'no', that the AFT doesn't so much care where it happens, they're only concerned with what happens.
Actually, under the regulation I quoted, the ATF is okay with a loan ONLY IF a couple of conditions are satisfied: the loan must be both temporary and for a valid sporting purpose. So under the regulation, the ATF certainly could object if you loaned someone in another state a shotgun for an indeterminate period of time for him to stand up by the door to his house in case a burglar shows up.paull said:...The powers that be are quite alright with this, see quoted statue above....
When in my professional life it was desirable to obtain an opinion on something from an administrative agency upon which my client could rely, I would ask the question in writing. I'd also assure that my question(s) described in great detail the underlying factual setting so the no important information that could affect the answer was omitted.dogtown tom said:...Apparently some people word their question in a way that leaves out some pretty important information....
any nonlicensee who acquires a firearm from another nonlicensee in another state and transports it across state lines has committed an illegal transfer.
(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;
(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;
"You might beat the rap, but you won't beat the ride..." (meaning you will be sitting in jail or out on bond while your case works its way through the courts).NavyLT And..... it really does not matter what the ATF thinks. The ATF can recommend interpretations to the courts, but it is the courts that actually determine the interpretation of laws. It's not the opinion of an ATF that is the final authority - in reality it is the judge that one is standing before.
markjQuote:
any nonlicensee who acquires a firearm from another nonlicensee in another state and transports it across state lines has committed an illegal transfer.
Is this law retroactive? I bought a rifle once from a guy in Indiana, he has died since tho. Was like in the late 70s early 80s.
So.....yeah, you're a criminal. Shame on you
Original post by Markj;
Is this law retroactive? I bought a rifle once from a guy in Indiana, he has died since tho. Was like in the late 70s early 80s.
I sold a handgun to a guy in Omaha, I live in Iowa, we took it to the police office in Omaha cause it has to be registered, policeman told me I could sell it to the guy no FFl, we did it there exchanged money and gun he registered it and still has it to this day. No one knocked on my door. Was before they started having to call and do a background check.
2 years ago I gave a 1911 to my nephew after he got out of boot camp.
He is sniping in Afganistan, said something about a damn we built there.
Its been the law since 1968