Gun sale question

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howard bleach

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Hi everybody. I have a question that maybe some of you fine folks can answer. My father, ex NYPD, wants to sell me his Glock 9mm, which is new in the box and was given to him upon retirement. My dad has been retired for many years and isn't aware of the protocol of state to state gun sales and whatnot, with him living in New York and me living in Tennessee. I think he's being paranoid, and I told him if worse came to worse, he could just 'give' it to me as a gift, wink wink, but being ex PD, he's worried, especially about the 15 round clip, and I'm embarrassed to say that I have no idea how this would work, legally, either. Would I have to go through a dealer or someone else with an FFL? Any suggestions / advice? I'm rather green about this sort of thing, I've only ever bought locally at gun shows and local shops.
 
Check with your local Sheriff and law enforcement and ask if high cap mags are legal in your area. Typically, handgun sales across state lines must be done through an FFL licensed dealer. Your father would probably simply go to a local dealer near him, have that dealer ship (for a nominal fee) to a dealer near you in your state. Your dealer would charge you a transfer fee and you have to do the nics check at the very least and jump through any other hoops your locality requires of you when purchasing a handgun. Then it's all legal and your father is in the clear.
 
First I suggest contacting the NRA or 2nd Amendment Foundation. Sounds like right up their alley. My guess is "gifting" is probably easier and requires less paperwork. I highly suggest finding a way to not have it transferred through a FFL.

Remember: "Every time a "registered" gun is privately sold, that means one less gun in the confiscation database, and one more reason why the gun grabbers should worry that their dreams can never come true. A private gun purchase is a patriotic step toward securing freedom."
 
osufanboy said:
I highly suggest finding a way to not have it transferred through a FFL.
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This is bad advice; irresponsible to give it and foolish to follow it. Doing so would cause you to become a felon and lose your RKBA.

It makes no difference whether it is a sale or a gift, it MUST go through an FFL due to the fact that you and your father live in different states. No exceptions under federal law that I know of.

-Dave
 
That is why I suggested contacting one of the NPOs. I do not have all the facts, and would not presume anyone except a lawyer or professional to have such knowledge of any and all potential loopholes.

I proposed he search for a possible way to avoid FFL. I did not recommend anyone breaking the law. I'm sorry, but I do not feel it's irresponsible to suggest finding a legal way to transfer a gun when it means one less gun in the confiscation database.
 
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I do not have the facts, and would not presume anyone except a lawyer or professional to have such knowledge.
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It's actually pretty much common knowledge.
BluesMan laid out the proper and simplest procedure and the only legal procedure
it MUST go through an FFL due to the fact that you and your father live in different states. No exceptions under federal law that I know of.
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a FFL must be used, not because of shipping, because the firearm is getting a new owner.

there are several circumstances that allows oneself to ship a pistol interstate. as example, if my sa mil-spec is going to sa for some smith work, i can ship it, no ffl required.
 
Good and bad advice

Suggestions to "gift it - wink, wink" or otherwise avoid using an FFL are irresponsible to the point of idiotic. This is NOT an arcane area of the law, as anyone who spent a nanosecond searching any of the common forums, including this one, would readily ascertain.

ANY interstate transfer of a handgun requires an FFL at the receiver's end EXCEPT inheritance. Period.

What is NOT needed is an FFL at the sender's end; however, many FFL's will not accept a gun from anyone other than an FFL. Check w/the receiving FFL before sending the gun.

As some states restrict or flatly prohibit possession of "hi-cap" magazines, this issue should be cleared up before one is sent.
 
a FFL must be used, not because of shipping, because the firearm is getting a new owner.
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Sort of

Thne federal law does not require a record of a private sale to go through an FFL.
The only reason is the interstate transport here

If he and dad lived in the same state no federal regulation requires that they go through an FFL to transfer ownership
 
joab said:
If he and dad lived in the same state no federal regulation requires that they go through an FFL to transfer ownership
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however, each state (and even counties in that state) may have something to say about this. in NY this becomes a tad sticky, only because many of the LEO's dont fully understand the laws.

this transfer of ownership however as you say typically is not allowed via shipping of the pistol. must be done in person (in NY that is), even though fed law says its ok.

go figure....
 
That's why I specified federal law, some states just suck when it comes to gun laws. Florida doesn't
 
number6 said:
ANY interstate transfer of a handgun requires an FFL at the receiver's end EXCEPT inheritance. Period.
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Maybe that's what should be done. The son should inherit his dad's pistol and dad should "borrow" a little money from his son:D I smella LOOPHOLE!:p
 
More misinformation

Maybe that's what should be done. The son should inherit his dad's pistol and dad should "borrow" a little money from his son I smella LOOPHOLE!
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I smella fraud. Maybe you should look up "inherit" before giving legal advice. :rolleyes:

HINT: Dead people don't borrow.
 
The Firing Line has a reputation for having members who give advice that reflects their commitment to responsible firearms ownership. Advising others to intentionally break the law or to find a (wink, wink) way "around" the law hardly reflects well on gun owners.

For the sake of what's left of our reputation, I'm closing this thread with great disappointment. :(

-Dave
 
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