Two questions regarding a firearm

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Nydhog502

New member
While my wife and I lived in Indiana, her dad gave her a gun (a revolver) as a gift. We are both legally able to own firearms as is he but we never had any paperwork written up nor was it transfered. It was considered "Loaning of a Firearm" which is completely legal.

Now the question is this: We recently moved to KY. I am not sure if we need to register the gun now or how we even go about it.

Also on a side note, I haven't been able to finding anything on whether she can carry my guns and i can carry hers.
 
Nydhog502 said:
It was considered "Loaning of a Firearm" which is completely legal.
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Lending a firearm is legal for (in BATFE terminology) "legitimate sporting purposes." Their definition of "legitimate sporting purposes" is rather narrow, and unless you or your wife competes in bullseye (NOT IPSC/IDPA) competition, it is unlikely that this "loan" was legal.

At the time your wife took custody of the firearm, did Indiana allow face-to-face transfers without paperwork? If so, you're good to go. If not, I have no idea how to retroactively legitimize a violation that occurred some time ago, in a different state from where you now live.
 
I do not think you need anything extra and/or special to swap carries between you and your wife. She is married to you. I am sure someone will correct me if I am wrong, but I looked into this myself when it came up after we got together. I can carry a gun she buys and vice versa(as well as any other legally acquired guns).
 
Getting back to the transfer part:

The BATFE FAQ offers the following:

BATFE said:
Q: To whom may an unlicensed person transfer firearms under the GCA?

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, 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(d), 27 CFR 478.29 and 478.30]
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As I noted above, the BATFE definition (or "concept," as I don't know if they have issued it as a "definition") of "sporting purpose" does not include much. It does NOT include plinking. It does NOT include "practical" shooting competition. So that basically leaves hunting, and formal bullseye competition. So unless you or your wife uses the firearm for hunting or bullseye competition, I don't think you can hang your hat on the "loan" being legal. Also, note the word "temporary." How long have you had this gun? And it went with you when you moved out of state? I don't think considering this transfer a "loan" would gain much traction.

However, if your father-in-law also lived in Indiana at the time the firearm changed hands, it would appear that under Federal law the transfer was legal. So the question of the day really boils down to whether or not Indiana allowed direct, face-to-face transfers at the time your wife took possession of the firearm.
 
you said there was no paperwork

Going by other posts, it seems you might be better off just saying you bought it for fifty bucks or something. People do the same things with cars, but in that scenario with immediate family they say its a gift to avoid taxes. If its not immediate family, a gift($1 sale) still requires the buyer to pay taxes on the worth of the vehicle since family is not immediate family.

total different animal then guns, I know.

I am just saying that technically you don't need paperwork to sell a gun in many states(if all parties indiana). Why not just offer him a few bucks for the gun and both sign a simple bill of sale before the KY move. My bad- I noticed you already moved. The gun transfer doesn't seem like a move. I know about buying firearms thru private in state deals, but I am not sure about the gifting of one.
 
Gifting firearms is legal. In Kentucky, there is no gun registration. In my opinion, and I'm not a lawyer, I don't believe I'd do any thing with that gun.

Also, I don't believe there is any reason that you couldn't carry a gun your wife purchased and vice versa. Again, there is no gun registration, gifting is legal and face to face sales in Kentucky do not require any type of official document or registration.

If you are truely concerned about it, call a KSP (Kentucky State Police) post and ask them. I don't think you have any thing you should be concerned over however.
 
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