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Handgun Gift across state lines

Discussion in 'Legal & Political Archive' started by IronMonster, Apr 12, 2015.

  1. IronMonster

    IronMonster Washington Opinionated Member Diamond Supporter

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    Is it lawful to give your adult child a handgun that resides in another state?


    I am assuming it is not, it's still an interstate transfer, but curious if anyone as a real answer.

    He is in Oregon. Assuming a gift is not lawful can I transport the handgun to him in Oregon to an FFL to make the transfer or do I have to have a FFL in Washington send it to a Oregon FFL?


    All this is so screwed up, probably what I should do is sell the gun I want to give him , send him the cash and he can go buy the same one in Oregon losing probably $100 in the process.
     
    Last edited: Apr 12, 2015
  2. Bajablast

    Bajablast Hillsboro, OR Active Member

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    I am not sure about giving to a family member in Oregon, but I bought a Ruger 22/45 from a Vancouver,WA resident, and here is what we did:

    He met me at my FFL in Beaverton, OR, handed them the handgun, they ran the background check on me, when it was clear, I handed him the money for the gun, handed the money to the FFL for the background check, they handed me the gun, and I walked out. Done.

    You will have to make sure the FFL is OK with doing a transfer like this, as some may not be willing.
    ----------------------------------------------------------------------------

    The world is full of Kings and Queens, who blind your eyes, and steal your dreams. It's Heaven and Hell.....
     
    IronMonster likes this.
  3. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    If you died and left it to him it would be OK otherwise it needs to go through an FFL.
     
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  4. IronMonster

    IronMonster Washington Opinionated Member Diamond Supporter

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    How about if I complicate things further. The handgun is held in a trust (as all of my firearms are) and my son is named as a Trustee

    Since he is entitled to posses the items in the trust in a way the handgun is already his (it's his as much as it is mine anyway since its held in the trust)

    Now what?
     
    cooper likes this.
  5. PiratePast40

    PiratePast40 Willamette Valley Well-Known Member

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    Unless you think your son is setting up an ATF sting on you, I'd just give it to him and be done with it.
     
    orygun, mjbskwim and IronMonster like this.
  6. kenboy

    kenboy salem, oregon GOD BLESS AMERICA Bronze Supporter

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    Hopefully your sons last name is not Prozanski.....
     
  7. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    I'm not a lawyer nor do I play one on the internet..

    but wow, that's a complication. One would assume that with him being a partial owner of the items in a trust that would be allowed for him to have access to the trust held items at any point in time. (also assuming he has a copy of paperwork)...

    Why you gotta throw an iron into the fire like this? Good question though. I have no advice other than to compliment you on your rubik cube.
     
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  8. pchewn

    pchewn Beaverton Oregon USA Well-Known Member

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    Just "lend" it to him. And never ask for it back.
     
  9. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    There ya go;)
     
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  10. jbett98

    jbett98 NW Oregon Bronze Supporter Bronze Supporter

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    How about issuing a "grantor of use" to your son, since he's a trustee of the gun trust.
    Just extend the return date far into the future.
    Here's a simple explanation from the net.

    Trustee Grant of Use. This piece within the gun trust provides important identification for the trustee. It clearly states the individual is a Special Independent Trustee and that they are permitted to possess specific firearms at a given time.
     
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  11. oknow

    oknow amboy wa. Well-Known Member

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    Is the gun in your name (bought new through a ffl) if not who is to know who owned it.
     
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  12. v0lcom13sn0w

    v0lcom13sn0w Keizer, or Well-Known Member

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    110% agree
     
  13. v0lcom13sn0w

    v0lcom13sn0w Keizer, or Well-Known Member

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    x2
     
  14. orygun

    orygun West Linn Bronze Supporter Bronze Supporter

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    When it comes to my safety, I don't give a rat's a$$ about any laws. When it comes to close, trustable family members, ditto.

    If you wanna follow the law as I know it, (and I'm not a lawyer either) a long gun can be transferred to an out of state buyer in your state. A handgun has to be transferred in his state of residence.
    My knowledge of trusts is nil.

    Read between the lines and you know what I'd do
     
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