Quantcast
  1. Sign up now and join over 35,000 northwest gun owners. It's quick, easy, and 100% free!

How do you tell what state a firearm is registered in?

Discussion in 'General Firearm Discussion' started by Fumes, Feb 19, 2011.

  1. Fumes

    Fumes Wa. Active Member

    Messages:
    236
    Likes Received:
    34
    The interstate sale thread got me thinking.
    Say for instance you had a family member (lets say parent) in another state pass away and you ended up with the firearm which now belongs to you and there is no one to transfer it from what do you do?
    Im thinking that it happened and the person simply left the state with the firearm as his, went home and it now resides in another state.
    So I'm guessing if the S# were ever ran it would come up outta state registered.
    What would be the trouble this person could get into if any?
    And whats the correct course of action if any for this to be compliant?
     
  2. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

    Messages:
    3,593
    Likes Received:
    1,480
    Since there is NO registration there is no way. Assuming they are not NFA items.

    You can be gifted a firearm just as stated no problem......... Once gifted they are yours and you can move them as you choose.

    EDITED: to state gifted = inherited
     
  3. Fumes

    Fumes Wa. Active Member

    Messages:
    236
    Likes Received:
    34
    Well that brings up the fact that the gun in question is really old and most likely not registered.
    But say a pistol I buy new in one state is registered, then I kick bucket and my kid lives in another state , he can just take it no prob?
    What if I aint dead yet?
    Did I not explain it very well or are you saying once the person is DEAD there is NO registration?
     
  4. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

    Messages:
    3,593
    Likes Received:
    1,480
    There is NO registration now or prior to now of non NFA firearms. When did you register any of your guns? How did you register them since there is NO registration. I think NY, NJ and CA are the only states that have registration of firearms.

    Interstate transfers do not apply to inherited guns, http://edocket.access.gpo.gov/cfr_2001/aprqtr/27cfr178.29.htm
     
  5. Fumes

    Fumes Wa. Active Member

    Messages:
    236
    Likes Received:
    34
    Ah ok so if someone did do an ileagal transfer how would anybody ever know then? The gun would have a state of origin correct? I guess I shouldn't use the term "registered"
    And one of the states in my original question is Kalifornia.
     
  6. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

    Messages:
    3,593
    Likes Received:
    1,480
    In a state that has registration then every time the gun is moved from location (you change addresses) or is sold/transfered then you would have to fill out paperwork and submit it to whoever was doing the registration (the state agency). Depending on the states rules will depend on the punishment for breaking that law.

    As far as state of "origin" it is stamped on the gun under the makers name (required markings on the firearm per federal law). So all S&W's are made in Springfield, MA. From there they will go out to distributers then to FFL's, or direct to FFL's.

    It would be hard to "catch" an illegal transfer unless someone talked, there was internet proof stating what you did, it was a sting operation, or some other random act happened. In reality people to illegal interstate transfers all the time out of ignorance, but if caught the penalty is a federal offense and is harsh.
     
  7. Thebastidge

    Thebastidge 10411 NE Fourth Plain Blvd Vancouver WA 98662 Well-Known Member

    Messages:
    592
    Likes Received:
    396
    When my dad passed away in Lousiana, the sheriff's office simply handed me the gun he had in a brown paper bag stapled shut, and I drove back to WA with it. That's about the only circumstance where it is legal to acquire a handgun out of state and transport it home yourself. If I *buy* a handgun out of state, it has to be shipped to an FFL in my home state. They run the NICS check in my home state, before the FFL hadns the firearm to me.

    Long guns do not have this requirement, as long as the firearm is legal to buy in your home state and legal to sell in the state you buy it, the feds don't have an interest in it, other than a NICS check to make sure you are not a prohibited person, as long as you buy from an FFL. Any non-FFL transfer, whether a long gun or handgun, a gift or a sale, whatever, has to go through an FFL to be legal if it is inter-state.

    This is an example of how ridiculous the law really is. There's nothing morally wrong with buying a firearm acoss a state line, or giving one, but the law is an ***. The transaction could be just as illegal intra-state, but the Feds have less legal ground to stand on because it's not inter-state commerce, although the interstate commerce clause is already being abused to mean anything including refusing to engage in commerce.
     
  8. Fumes

    Fumes Wa. Active Member

    Messages:
    236
    Likes Received:
    34
    Harsh penalties for what seems to be a J walking offense just because it has the word gun attached to it. I doubt anyone would get a slap on the wrist for it even though they not intentionally doing anything evil. Unless I'm missing something?
    I can certainly see a harsh penalty for multuple offender or someone trafficing large amounts of weapons.
    Brings to mind the times when they started cracking down on all the little evil tabaco traffificing old ladies buying cartons of smokes at the Oregon costco to save a few bucks from Washington. Only this seems to be less tax related.
     
  9. Uberdillo

    Uberdillo Oregon Active Member

    Messages:
    350
    Likes Received:
    128
    Like Nwcid posted, you're fine on the federal level. Note the difference between registering the firearm and registering the transaction as dealers are required to do in Oregon. It's only necessary to log the transfer of a firearm as a dealer or someone engaged in the business of trading guns, e.g. FFL. No notification is required to transfer a firearm between two individuals, i.e. it's totally legal. If you were going to have an issue with inheritance it would be at the state level, but even if you were inheriting INTO CA, you'd still be fine according to CA penal code 12708(c).

    If you want to really see some firearms registration, check out Hawaii.

    What do you mean when you say "illegal transfer"?

    The gun ought to have originated in the state that it was manufactured...

    The only way I could figure to find out where the gun was put on the books is to use it to rob a bank or go for the gold with a high profile murder. That might get the BATF interested enough to find out for you.
     
  10. billdeserthills

    billdeserthills Cave Creek, Arizony Well-Known Member

    Messages:
    1,499
    Likes Received:
    710
    Actually as far as I and my store are concerned, if you do not have an AZ ID or do not affirm AZ residence (property owner minimum) you won't be aquiring any long guns either. Reason is even though I have received a 400+ page guide from the ATF, it is out of date by Years. Also No body will tell me who can own/buy what or even from where.
     
  11. Fumes

    Fumes Wa. Active Member

    Messages:
    236
    Likes Received:
    34
    By illegal transfer I mean to not go through an FFL to sell a gun across a border. Maybe I worded that wrong as well.
    By state of origin I don't mean manufacture I mean where the paperwork was originally done when the gun was purchased.

    Good thing sucking at the internet isn't illegal,or I'd be in trouble, although I think they have free internet in most prisons now.:bluelaugh:
     
  12. Thebastidge

    Thebastidge 10411 NE Fourth Plain Blvd Vancouver WA 98662 Well-Known Member

    Messages:
    592
    Likes Received:
    396
    @Billdeserthills: At least you're honest. Half the people in gun shops out there will tell you flatly that something is so, even when you have the documentation, up to date and annotated by a lawyer, that proves they are wrong.

    No rule that saysyou have to do business with me, and I can certainly sympathize with the uncertainties that are no doubt a deliberate feature of the system from the BATFE point of view. However, it is very frustrating for the the person who is just trying to conduct perfectly ethical and legal buseinss when ignorance of the law prevents a willing transaction.