ScottRiqui said:
Do you have a reference for intra-family gifting being exempt from the federal requirement for FFL transfer between residents of different states? ...
No one does, because there isn't any -- at least if you (the giver) are still alive. If you want to give someone a gun and come within an exception to the transfer going through an FFL, you have to die.
"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, 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)... "(18 USC 922(a)(3), emphasis added)
and
"It shall be unlawful...for any person ..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 ... 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)...."(18 USC 922(a)(5), emphasis added)
As to the OP's question. If he's concerned, he really ought to be talking confidentially to a lawyer, rather than discussing a possible legal problem on a public forum.