Handgun transfer question

charlie12 · Jan 14, 2018

Here's the deal.

I live in the home my parents lived in when they were alive and there's a handgun here that my daddy bought probably in the 60's that my sister wants. Only two children me and her and no will.
I'm in Louisiana and she lives just across the state line in Mississippi.

Question is can she come and get the gun and take it home as hers?

Thanks

beauxdog · Jan 14, 2018

Don’t think that is legal. Should go through an FFL but if you Dad gave to her years ago, who’s gonna know.

Beauxdog

charlie12 · Jan 14, 2018

beauxdog said:
Don’t think that is legal. Should go through an FFL but if you Dad gave to her years ago, who’s gonna know.

Beauxdog

That was my thinking it's hers she just never took it home

STPHomie · Jan 14, 2018

Free Country

I wouldn't give it a 2nd thought. Just do it.

charlie12 · Jan 14, 2018

STPHomie said:
I wouldn't give it a 2nd thought. Just do it.

That's what I was thinking. It's not mine it's just at my house and she owns half the house. She just happens to live about a mile north of the La line in Miss.

dantheman · Jan 14, 2018

It's her gun . She needs to come get it .

sylvest · Jan 14, 2018

What gun?

RaleighReloader · Jan 14, 2018

Your sister needs to come get her gun ... the one that she left there on her last visit.

krotsman · Jan 14, 2018

Yeah, all that stuff above, and it's half hers anyway.

I thought I read someplace that it was ok to give a firearm to a relative in another state. However, I just did a quick search and see that even that is supposed to go thru an FFL. Did I dream that, or has there been a change? Anybody know?

Trailboss · Jan 14, 2018

According to the Brady Campaign to Prevent Gun Violence :eek3:

"Amy Stillwell, a spokeswoman for The Brady Campaign to Prevent Gun Violence, said the federal Brady Law does not require background checks for intrafamily gun gifts." This explanation came out after Sarah Brady revealed in her memoir that she bought James Brady Jr. a Remington 30-06, complete with scope and safety lock [aka "Sniper Rifle"] who lived in another state.

http://www.nydailynews.com/archives...les-control-backer-son-rifle-article-1.477603

Since so much other misinformation came out of that group, I would not repeat this as gospel. I do remember that nothing happened to her, but this was a rifle, not a hangun.

RaleighReloader · Jan 14, 2018

I wouldn’t trust anything coming out of the Brady Bunch’s mouths. Remember, rules dont apply to the people trying to restrict your freedoms. They are the enemy and we’d do well to consider anything they say suspect and with an ulterior motive.

That said, my understanding is that if there’s a transfer of ownership that crosses state lines, it must be done through an FFL. But if the gun became hers when she still lived in state, then there’s no transfer of ownership and she’s simply be taking her property back home with her.

Mike

charlie12 · Jan 14, 2018

RaleighReloader said:
I wouldn’t trust anything coming out of the Brady Bunch’s mouths. Remember, rules dont apply to the people trying to restrict your freedoms. They are the enemy and we’d do well to consider anything they say suspect and with an ulterior motive.

That said, my understanding is that if there’s a transfer of ownership that crosses state lines, it must be done through an FFL. But if the gun became hers when she still lived in state, then there’s no transfer of ownership and she’s simply be taking her property back home with her.

Mike

It wasn't hers when she lived in La. She hasn't lived in La in since about 1975 probably. Daddy died in 1980 and the gun has been here the whole time. He had two 38's I took one and she wants the other. There was no will saying who gets what. I'm ok with her having it. Just didn't know if I need to take it to Miss and find a FFL and do paper work or what. I don't want problems later.

Trailboss · Jan 14, 2018

charlie12 said:
It wasn't hers when she lived in La. She hasn't lived in La in since about 1975 probably. Daddy died in 1980 and the gun has been here the whole time. He had two 38's I took one and she wants the other. There was no will saying who gets what. I'm ok with her having it. Just didn't know if I need to take it to Miss and find a FFL and do paper work or what. I don't want problems later.

Since your father died without a will, the guns belonged to both of you upon his death as part of the estate, depending on how LA estate laws work. Under federal law, she can legally pick up her inheritance by succession and take it home, as long as she is not a felon, convicted of domestic violence, or is otherwise not prohibited from owning a firearm in her home state.

Here it is in the US Code
https://www.gpo.gov/fdsys/pkg/USCODE-2011-title18/pdf/USCODE-2011-title18-partI-chap44-sec922.pdf

"18 U.S.C § 922 (a)(3)...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..."

leadslinger972 · Jan 14, 2018

charlie12 said:
It wasn't hers when she lived in La. She hasn't lived in La in since about 1975 probably. Daddy died in 1980 and the gun has been here the whole time. He had two 38's I took one and she wants the other. There was no will saying who gets what. I'm ok with her having it. Just didn't know if I need to take it to Miss and find a FFL and do paper work or what. I don't want problems later.

Must be shipped to a FFL for transfer.

It's bad enough you have created a digital record of how many people suggest skirting the law.

Trailboss · Jan 14, 2018

leadslinger972 said:
Must be shipped to a FFL for transfer.

It's bad enough you have created a digital record of how many people suggest skirting the law.

Why do you think that my quote of the US Code pertaining to the Brady Bill requirements is skirting the law?

leadslinger972 · Jan 14, 2018

Trailboss said:
Why do you think that my quote of the US Code pertaining to the Brady Bill requirements is skirting the law?

If you would, provide the US Code and State Law which allows someone from another state to take possession of a firearm and go back to their state.

STPHomie · Jan 14, 2018

charlie12 said:
bought probably in the 60's

Based on its age, there should be few records of this item and its location. When confiscation begins, and all the volunteers have complied, won't the FFL records come in handy?

Trailboss · Jan 14, 2018

leadslinger972 said:
If you would, provide the US Code and State Law which allows someone from another state to take possession of a firearm and go back to their state.

I already did. The US Code is linked to the Gov't Printing Office site for the official legislation, and the pertinent exemption is quoted in Post #13. The ATF developed regulations to implement the legislation, as directed by Congress, including all legislated exemptions and published them in the Code of Federal Regulations 27 CFR 478.30, 478.32. To further interpret the CFR published regulations, the ATF has released informational guidelines such as this one that actually explains the previously quoted exemption in layman's terms.

She already owns (co-owns it with her brother) it through intestate succession, and neither LA or MS have any state laws prohibiting transport of personally-owned firearms. They could ask a LA estate attorney to verify co-ownership of all assets (with LA Napoleonic laws, everything could go the the oldest male heir or some such strange wording). I don't know if MS has any requirements on how it should be transported.

I'd be interested in how you conclude that the sister would be breaking the law.

Of course, if the OP really wants to be safe, he can take the handgun with his sister and $15-25 to a MS FFL and go through the Brady check, document ownership transfer, and go home to a good night's sleep.

KDerekT83 · Jan 14, 2018

throw the damn gun in the car, keep ya mouth shut, and take it home. what nobody knows won't hurt them. There's no paper trail to prove it doesn't belong to you. Its yours. take it home.

Jmfox3 · Jan 14, 2018

Your Dad gave it to her in 1991. Remember...it was 2 years prior to the Brady Law being signed.

Handgun transfer question

The Best online firearms community in Louisiana.

Member Benefits:

Not a Fed.

Well-Known Member

Not a Fed.

Well-Known Member

Not a Fed.

I despise ARFCOM

Come and Take It

Well-Known Member

Well-Known Member

Well-Known Member

Well-Known Member

Not a Fed.

Well-Known Member

*Banned*

Well-Known Member

*Banned*

Well-Known Member

Well-Known Member

Hobbyist

Well-Known Member

Log in

Forum statistics

Banned

Banned