Transfer of handguns between family
- Thread starter jes07
- Start date
The information I have received indicates that any transfer of a handgun between out of state parties must be accomplished through a FFL holder in the state of the recipient.This is covered on the ATF website under FAQ. 18 U.S.C 842 (B1) To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his or her
State, if the buyer is not prohibited by law from receiving or possessing a
firearm, or to a licensee in any State. A firearm other than a curio or relic
may not be transferred interstate to a licensed collector.
[18 U.S.C 922(a)(3) and (5), 922(b)(3), 27 CFR 178.29]
(B2) From whom may an unlicensed person acquire a firearm under the GCA?
A person may only buy a firearm within the person’s own State, except
that he or she may buy a rifle or shotgun, in person, at a licensee's premises
in any State, provided the sale complies with State laws applicable in the
State of sale and the State where the purchaser resides.
[18 U.S.C 922(a)(3) and (5), 922(b)(3), 27 CFR 178.29]
(B3) May an unlicensed person obtain a firearm from an out-of-State source if
the person arranges to obtain the firearm through a licensed dealer in the
purchaser’s own State?
A person not licensed under the GCA and not prohibited from acquiring
firearms may purchase a firearm from an out-of-State source and obtain the
firearm if an arrangement is made with a licensed dealer in the purchaser's
State of residence for the purchaser to obtain the firearm from the dealer.
[18 U.S.C 922(a)(3) and (5), 922(b)(3), 27 CFR 178.29]
I called the ATF in El Paso, TX and Little Rock, AR and both offices confirmed this. The reg says "sell" or "buy", but the same applies to a gift. It's deplorable that you can't give or receive a gun from a son or father, but that is where we are. You do not have to ship from a FFL to a FFL, but can ship directly to the FFl in the state where you desire to transfer the gun. Unfortunately, most FFL holders don't understand the reg and may not receive a gun except from a FFL. You can also handcarry to the state, but still must complete the transaction through a FFL holder. Hope this helps. Jerry
A person may sell a firearm to an unlicensed resident of his or her
State, if the buyer is not prohibited by law from receiving or possessing a
firearm, or to a licensee in any State. A firearm other than a curio or relic
may not be transferred interstate to a licensed collector.
[18 U.S.C 922(a)(3) and (5), 922(b)(3), 27 CFR 178.29]
(B2) From whom may an unlicensed person acquire a firearm under the GCA?
A person may only buy a firearm within the person’s own State, except
that he or she may buy a rifle or shotgun, in person, at a licensee's premises
in any State, provided the sale complies with State laws applicable in the
State of sale and the State where the purchaser resides.
[18 U.S.C 922(a)(3) and (5), 922(b)(3), 27 CFR 178.29]
(B3) May an unlicensed person obtain a firearm from an out-of-State source if
the person arranges to obtain the firearm through a licensed dealer in the
purchaser’s own State?
A person not licensed under the GCA and not prohibited from acquiring
firearms may purchase a firearm from an out-of-State source and obtain the
firearm if an arrangement is made with a licensed dealer in the purchaser's
State of residence for the purchaser to obtain the firearm from the dealer.
[18 U.S.C 922(a)(3) and (5), 922(b)(3), 27 CFR 178.29]
I called the ATF in El Paso, TX and Little Rock, AR and both offices confirmed this. The reg says "sell" or "buy", but the same applies to a gift. It's deplorable that you can't give or receive a gun from a son or father, but that is where we are. You do not have to ship from a FFL to a FFL, but can ship directly to the FFl in the state where you desire to transfer the gun. Unfortunately, most FFL holders don't understand the reg and may not receive a gun except from a FFL. You can also handcarry to the state, but still must complete the transaction through a FFL holder. Hope this helps. Jerry
OH yes gitarmac that law is their for your own protection and for the CHILDREN,
(ya know like disarming their parents)
kindly overlook the minor detail that this is one of several ways it allows our facist I mean federal government to keep track of who owns the gun and where they live a very minor detail you should not be concerned about...
and if you are a criminal you are discouraged from being kept track of in such a manner because this would be self-incrimination so who are they keeping track of....
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"those who sacrifice
liberty for security deserve neither"
(ya know like disarming their parents)
kindly overlook the minor detail that this is one of several ways it allows our facist I mean federal government to keep track of who owns the gun and where they live a very minor detail you should not be concerned about...
and if you are a criminal you are discouraged from being kept track of in such a manner because this would be self-incrimination so who are they keeping track of....
------------------
"those who sacrifice
liberty for security deserve neither"
I am not 100 percent certain of this, however, with respect to Federal law, I believe there is one "family" exception: You can inherit firearms but, as stated in earlier posts, you cannot give them to another family member without FFL intervention and concomitant paperwork. Go figure.
TheBluesMan
Moderator Emeritus
If you lived in the same state (depending on which state) it would be perfectly legal. Too bad you don't still live in NH. 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by jes07:
...My father has an old .22 revolver he wants to give me....[/quote]
Better check your inventory again. Are you SURE he didn't give this "old" revolver to you years ago, when you were living in the same state?
...My father has an old .22 revolver he wants to give me....[/quote]
Better check your inventory again. Are you SURE he didn't give this "old" revolver to you years ago, when you were living in the same state?
The NRA supports 'background checks at all gunshows to be done between individuals
they simply have to be (registered) completed within 24 hours...
Wayne your Hero Lapierre
Makes me feel so strongly that our dear leader the NRA opposed these different gun safety measures many of you have referred to.
------------------
"those who sacrifice
liberty for security deserve neither"
they simply have to be (registered) completed within 24 hours...
Wayne your Hero Lapierre
Makes me feel so strongly that our dear leader the NRA opposed these different gun safety measures many of you have referred to.
------------------
"those who sacrifice
liberty for security deserve neither"
Does this gun have papers on it? I doubt it in NH so provided you get throught the PR of Mass and NY with it undetected... its always been yours since you were a kid...
I know a guy who took possesion of his Fathers and Grandfathers guns in Illinois and carried them to Chicago to attend the Machine Tool show at McCormick Place, and carried them into the Hyatt, where Candidate Ronald Reagan was staying , and it took over an hour for the security people to get around to accepting them... seems they thought the well dressed young man was with the Secret Service and should keep his guns with him in his room.... how times have Changed! X...er HE lived in Ohio at the time.
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What part of "INFRINGED" don't they understand?
I know a guy who took possesion of his Fathers and Grandfathers guns in Illinois and carried them to Chicago to attend the Machine Tool show at McCormick Place, and carried them into the Hyatt, where Candidate Ronald Reagan was staying , and it took over an hour for the security people to get around to accepting them... seems they thought the well dressed young man was with the Secret Service and should keep his guns with him in his room.... how times have Changed! X...er HE lived in Ohio at the time.
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What part of "INFRINGED" don't they understand?