Posted: 5/4/2009 6:09:05 PM EDT
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A friend's grandfather has entered a facility for elder care (he is no longer able to take care of himself at home) and wants to give his various rifles to my friend who lives in another state. The grandfather has left his stuff at home to be taken care of (sold off and given away to grand kids) by my friend's mom. The grandfather obviously cannot participate in an interstate transfer of any kind. How does my friend receive the guns legally? Here is my guess: The grandfather instructs a relative or friend to box up the guns on his behalf and send them to a FFL in my friend's home state who transfers them into my friend's name. What do you think is the way to handle this? Any enlightened input on this situation would be appreciated. Thanks in advance. |
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Quoted:
Your friend's mom can ship the long guns to an FFL in your friend's home state, then the friend can get them from the FFL. Be aware that some FFL's won't accept shipments from non-FFL's. No federal legal requirement to use an FFL in the sellers state, just in the recipients state. Friend could also go to an FFL in owners state and accept the transfer saving shipping. You can take possession of a long arm in any state from an FFL. You must take possession of a handgun in the buyers state. |
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I think the grandson, can goto the grandfather and just receive the gun as a gift, I don't think gifts are required to use an FFL. All terms are using seller and buyer. Umm let me reread the OP to see if they are being sold or not.
Edit: IMO, I think all family members or friends he is giving "Loaning the fire arms to them until he passes away" the firearms to can just go to where he lives and pick them up, no need to go through an FFL. Now if the grandfather is selling any of the firearms to someone out of state, then use an FFL only for the selling of firearms. http://www.atf.gov/firearms/faq/faq2.htm#b1 (B1) To whom may an unlicensed person transfer firearms under the GCA? [Back] 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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Quoted:
I think the grandson, can goto the grandfather and just receive the gun as a gift, I don't think gifts are required to use an FFL. All terms are using seller and buyer. Umm let me reread the OP to see if they are being sold or not. Edit: IMO, I think all family members or friends he is giving "Loaning the fire arms to them until he passes away" the firearms to can just go to where he lives and pick them up, no need to go through an FFL. Now if the grandfather is selling any of the firearms to someone out of state, then use an FFL only for the selling of firearms. http://www.atf.gov/firearms/faq/faq2.htm#b1 (B1) To whom may an unlicensed person transfer firearms under the GCA? [Back] 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] Since the intent is to transfer, this is not good advice. |
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Quoted:
I think the grandson, can goto the grandfather and just receive the gun as a gift, I don't think gifts are required to use an FFL. All terms are using seller and buyer. Umm let me reread the OP to see if they are being sold or not. Edit: IMO, I think all family members or friends he is giving "Loaning the fire arms to them until he passes away" the firearms to can just go to where he lives and pick them up, no need to go through an FFL. Now if the grandfather is selling any of the firearms to someone out of state, then use an FFL only for the selling of firearms. http://www.atf.gov/firearms/faq/faq2.htm#b1 (B1) To whom may an unlicensed person transfer firearms under the GCA? [Back] 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] Unless gramps is actually dead, and the guns are identified in his will as a bequest, you have to use at least one FFL. There is no 'FFL exemption' for gifts. |
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Thanks a lot for the replies. I think it makes sense for my friend to get the long gun transfers done in his grandfather's state and then ship them to himself at his home (rather than check them all through airlines––-I think he is flying). I think there is a handgun, too, so I guess he will have to get it sent to an FFL in his home state, perhaps through an FFL in his grandfather's state if he cannot find an FFL who accepts transfers from a non FFL. If my friend does a transfer of the long guns in his grandfather's state, and if he sends a handgun from an FFL in his grandfather's state, is there any need for the grandfather to appear before the FFL doing the transfer or shipping? I am not aware of such a requirement, but would an FFL require the actual owner to appear in his shop to do the transfer to the new owner? Maybe this is an individual by indivivdual FFL thing? Sheesh. A lot of work for ol' granddad to legally give his grandson his trusty rifles. Thanks a lot for these replies. My friend has no guns at all right now and has no idea (nor his parents) that such laws even exist. |
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Quoted:
Thanks a lot for the replies. I think it makes sense for my friend to get the long gun transfers done in his grandfather's state and then ship them to himself at his home (rather than check them all through airlines––-I think he is flying). I think there is a handgun, too, so I guess he will have to get it sent to an FFL in his home state, perhaps through an FFL in his grandfather's state if he cannot find an FFL who accepts transfers from a non FFL. If my friend does a transfer of the long guns in his grandfather's state, and if he sends a handgun from an FFL in his grandfather's state, is there any need for the grandfather to appear before the FFL doing the transfer or shipping? I am not aware of such a requirement, but would an FFL require the actual owner to appear in his shop to do the transfer to the new owner? Maybe this is an individual by indivivdual FFL thing? Sheesh. A lot of work for ol' granddad to legally give his grandson his trusty rifles. Thanks a lot for these replies. My friend has no guns at all right now and has no idea (nor his parents) that such laws even exist. Answers will depend on your friend's state of residence, his grandfather's state of residence, and the type(s) of long guns involved. As an example, if your friend lives in CA or NY there will be issues with firearms like "pre-ban" semi-auto rifles. If he's in IL, your friend will need a Firearm Owners ID (FOID) before he can take posession. Since you don't say where he is, it's difficult to give good advice. As for a transferring FFL in grandpa's home state, that should be easier. Most will simply ask for Mom's driver's license so they can enter into their bound book the origin of the firearm, and that will be it. |
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Quoted:
Quoted:
Thanks a lot for the replies. I think it makes sense for my friend to get the long gun transfers done in his grandfather's state and then ship them to himself at his home (rather than check them all through airlines––-I think he is flying). I think there is a handgun, too, so I guess he will have to get it sent to an FFL in his home state, perhaps through an FFL in his grandfather's state if he cannot find an FFL who accepts transfers from a non FFL. If my friend does a transfer of the long guns in his grandfather's state, and if he sends a handgun from an FFL in his grandfather's state, is there any need for the grandfather to appear before the FFL doing the transfer or shipping? I am not aware of such a requirement, but would an FFL require the actual owner to appear in his shop to do the transfer to the new owner? Maybe this is an individual by indivivdual FFL thing? Sheesh. A lot of work for ol' granddad to legally give his grandson his trusty rifles. Thanks a lot for these replies. My friend has no guns at all right now and has no idea (nor his parents) that such laws even exist. Answers will depend on your friend's state of residence, his grandfather's state of residence, and the type(s) of long guns involved. As an example, if your friend lives in CA or NY there will be issues with firearms like "pre-ban" semi-auto rifles. If he's in IL, your friend will need a Firearm Owners ID (FOID) before he can take posession. Since you don't say where he is, it's difficult to give good advice. As for a transferring FFL in grandpa's home state, that should be easier. Most will simply ask for Mom's driver's license so they can enter into their bound book the origin of the firearm, and that will be it. Thanks a lot. I guess his mom will just go along with driver's license (she resides out of state too...my friend's home state...). Good point about different states...I did not think about giving the two states thinking it was not necessary, but the origin is PA and the friend is from FL. I think of those two states as being very gun friendly, but if there is something unique that somebody knows please let me know so I can pass it along. I think the long guns are pretty standard PA woods guns from what I heard, I doubt anything that FL would take notice of. |
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I did not think about giving the two states thinking it was not necessary
It always matters since both federal and sate laws must be followed, and sometimes even 'gun friendly' states have weird 'gotchas' in their laws. PA and FL should not be a big deal. You can send the long arms through the post office, but even they often do not know their own rules. The common carriers have the same problem. While you may ship your guns to yourself, it can be a PITA to convince a common carrier to follow their own rules. |