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Gun gifts

Discussion in 'General Firearm Discussion' started by SG85, Dec 2, 2012.

  1. SG85

    SG85 503 Member

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    If I give a gun as a gift to a family member in WA state and I bought it and live in OR is there anything I need to do? Paperwork?
     
  2. kenboy

    kenboy salem, oregon GOD BLESS AMERICA Bronze Supporter

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    adoption papers filled out and headed your way......
     
  3. Boomerang

    Boomerang Portland area Active Member

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    I don't see how a gift is any different than a FTF private party sale.
     
  4. PuddleMonkey

    PuddleMonkey Vancouver, WA Well-Known Member

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    I'm accepting guns as gifts this year.
     
  5. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    Which makes it illegal as FTF private party sales across state lines are illegal.
     
  6. Boomerang

    Boomerang Portland area Active Member

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    That would be my understanding, unless something has changed that I'm not aware of.
     
  7. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    2. May I lawfully transfer a firearm to a friend who resides in a different State?
    Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual who does not reside in the State where the transferee resides. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check. More information can be obtained on the ATF website at ATF Online - Bureau of Alcohol, Tobacco, Firearms and Explosives and ATF Online - Firearms - Frequently Asked Questions - Unlicensed Persons. The GCA provides an exception from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. Thus, for example, a friend visiting you may borrow a firearm from you to go hunting. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent. See 18 U.S.C. 922(a)(5).
    3.
     
  8. SG85

    SG85 503 Member

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    Thanks for the quick feedback, annoying as it may be. Could the recipient go and do the ffl stuff themselves or do I need to be present to sign off too?
     
  9. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    Just have them set up with an FFL that recieves from private parties. You can ship a long gun yourself to that dealer and then they would do the paperwork like normal for their state.
     
  10. PDXSparky

    PDXSparky Keizer / Hillsboro Well-Known Member

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    If you sent, or personally delivered the firearm to a FFL, the recipient could go pick it up on their own. You could prepay the FFL fee and tax if you were feeling generous.
     
  11. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    You can personally present the firearm to the FFL in WA, or you can mail to them if it is a rifle. OR, if the recipient is visiting you in OR, and the firearm is a rifle or shotgun, you can take it to an FFL in OR and transfer it.

    If the firearm is a pistol the transfer must be in the recipient's state of residence. You can present it to the WA FFL yourself, or you can use a common carrier to ship it to the FFL.

    Be aware...some FFL have personal policies that they will not accept a firearm from a private individual that does not reside in their state. This is a private policy of some FFLs, not a law or regulation, so be sure, if you ship the firearm, that the receiving FFL will accept from a private party.

    It is perfectly legal to give a firearm as a gift.
     
    ShootFirst and (deleted member) like this.
  12. SG85

    SG85 503 Member

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    Thanks for the help guys. Seems like a bit of hassle but it is what it is.