Gifting a firearm

rgillis56 · Jun 3, 2010

I'm pretty sure I know the answer to this question, but just thought I'd double check...

My dad is visiting from California this weekend and I'd like to give him a revolver that he's been wanting for quite some time. Now, since I'm an OR resident and he's a CA resident, what is the proper (legal) way to do this? Can I go to an FFL here to do the paperwork or is he going to have an issue taking it on the plane across state lines? Would it be easier to just ship it to an FFL near his home?

Thanks all!

kaoboi503 · Jun 3, 2010

If no money changes hands, you are free and clear, from my understanding.

elsie · Jun 3, 2010

I believe that even if it is a gift, an interstate transfer requires that the recipient receives the firearm through an FFL in their home state.

elsie

snew · Jun 3, 2010

Why do you people even talk about this stuff on the internet?

If you hadn't opened your yap, it works like this. It's your dad. It's his gun. He's coming to get it. There is no transfer.

Now you made it something it's not. :s0154:

SgtKashim · Jun 3, 2010

snew said:
Why do you people even talk about this stuff on the internet?

If you hadn't opened your yap, it works like this. It's your dad. It's his gun. He's coming to get it. There is no transfer.

Now you made it something it's not.

Mostly... Except that Cali has the whole gun-registry thing. You're required to register all your handguns. Dunno how that would fit into all of this.

sprice37 · Jun 3, 2010

If I recall correctly there is a clausre that lets a child give to parent back and fourth but not siblings back and fourth. With Cali still needs to beregistered to be legal, but what they do not know......

Trlsmn · Jun 3, 2010

Why guess? Here are all the relevant federal laws. Add to that California's "special laws" which I won't waste my time looking for since I'll never do any firearm deal with a Californian.

http://www.atf.gov/firearms/faq/unlicensed-persons.html

CEF1959 · Jun 3, 2010

snew said:
Why do you people even talk about this stuff on the internet?

If you hadn't opened your yap, it works like this. It's your dad. It's his gun. He's coming to get it. There is no transfer.

Now you made it something it's not.

Yeah, but imagine if Dad's house is broken into, and the gun is stolen, then used in a crime. It gets traced to son (or the person who sold it to son, who shows a bill of sale to son). Son says, "I transfered that to my Dad." Now the question of the legality of that transfer is live. And regardless of how you'd handle it, I wouldn't be recommending subterfuges like that in public.

On the substance, my understanding is that gifts across state lines are not OK any more than sales are (except for gifts by bequest when someone dies). Here's the federal statute, but I don't claim to be an expert on these matters:

18 USC Sec. 922:
(a) It shall be unlawful -
(1) for any person -
(A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or

[...]

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business 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 firearm to any person for temporary use for lawful sporting purposes;

biggie24420 · Jun 4, 2010

Sorry to be off topic here but have your father move out of cali. Boublegum that state..... stupid gun law in that state. Having to register your gun in cali? What kinda BS is that? Oh I know so they know what doors to kick down when they wanna take your guns away......

jimmyleost · Jun 4, 2010

Hey all,

I've moved back and forth a lot from CA to WA and have had numerous correspondence with CA DOJ. There are a few things that can happen.

1. You ship the firearm to an FFL and your dad picks it up and pays the fees/registration.

2. You move to CA, establish residency, gift the firearm to your dad and he then registers it.

snew · Jun 4, 2010

Why can't dad move here for a week and then decide he wants to move back with his new gun?

It's family. He's living in family's house. Sounds simple to me. Wha the does with it when he get's back to his old house is his responsibility.

Trlsmn · Jun 4, 2010

The federal law allows you to loan him the gun. You must then check the California law.

18 USC Sec. 922:
(a) It shall be unlawful -

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business 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 firearm to any person for temporary use for lawful sporting purposes;

CEF1959 · Jun 4, 2010

Trlsmn said:
The federal law allows you to loan him the gun. You must then check the California law.

Careful. A loan's gotta be for "temporary use for ... sporting purposes." Better be prepared to demonstrate that this was a temporary loan along those lines rather than a gift. And I think the OP has already publicly stated on the internet his intention to make a gift.

longwayfromhome · Jun 4, 2010

I am sure he was confused...he stated "...I'd like to give him a revolver" but what he meant to say was "I'd like to loan my dad a revolver"

at this point he hasn't acutally gifted anything...just thought about it....so if he loans it to his pops...no foul.