family member in another state Question

[The_Shadow]

I want to gift a firearm to a family member (brother) in another state, but he is currently visiting in Louisiana. Can he be given the firearm legally. Or does it have to be sent to an FFL in his state to transfer the firearm?

 

[audioshooter]

Ffl. If it is a long gun yiu can do it at an ffl here peovided they live in a state om the list.

 

[The_Shadow]

That's what I thought I was reading and it didn't matter if the person was a family member, that I was gifting the firearm to.
Thanks for your reply.

 

[spanky]

Definitely FFL in their state.

 

[dougstump]

If you are shipping the firearm to him, then it must shipped from an FFL dealer here to an FFL in his state, then transferred to him on a 4473 after the necessary background check. However, as you said he is here visiting, that you can simply gift it to him. Of course, it must be legal to own where he resides, and if he’s driving back be sure to comply with laws in the states he travels through.

 

[The_Shadow]

Does it matter if the firearm is used (not new), but want to give as a gift?

 

[Bill Baldwin]

18 USC 922 (a) (5) It shall be unlawful-

for any person (other than a licensee) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensee) 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) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

Looks like it's got to go through an FFL

 

[dougstump]

Shadow,
I suggest you contact your local ATF office and ask for their guidance, there’s too many differing opinions here. This is what the Shreveport ATF office told me last year when my sister came down for a visit & Dad wanted to give her two revolvers. As long as it is a face to face transfer (in the same state), it’s legal. New or old firearm doesn’t matter (unless it’s a straw purchase). No FFL needs to be involved. 18 USC 922 (a) (5) applies to interstate shipment only, not face to face. Again, the firearm & any accessories must be legal in his home state and any states he crosses on the way home. A *bill of sale* is your choice, but I think it’s a good idea.
But then, the ATF changes their mind more often than the average person changes their underwear!

 

[The_Shadow]

Thanks for the replies, will have to put this on hold. If I visit him in his state we can do the paperwork when I get there...

 

[JadeRaven]

18 USC 922 (a) (5) It shall be unlawful-


Looks like it's got to go through an FFL

Interesting.

So it looks like he could give it to him via bequest, as long as he dies.

 

[Bill Baldwin]

Interesting.

So it looks like he could give it to him via bequest, as long as he dies.

Or just loan it to him.

 

[madwabbit]

Yup. I wouldn't want to challenge it in court, but by exact wording you could "loan it" to a family member for whatever time period you choose.... including indefinitely.