Loaned Handgun from Father

[linflas]

My Father has loaned me a handgun for sporting purposes, however, he is now thinking of gifting it to me. Do I have to return the weapon to him in Arizona, prior to doing the FFL transfer, or can the firearm stay with me in Oregon and the paper work submitted?

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[PDXSparky]

What is this paper work you are asking about? I didn't know there was any paperwork required for private firearm transactions, even gifting.

 

[Riot]

You do not need to go through any FFL. The only laws that you need to worry about is that if-

A. The firearm was acquired legally (i.e. not stollen)
B. You do not have any criminal history that would prohibit you from owning a firearm

Q. Can I legally transfer ownership of a firearm to another family member without the waiting period, without processing the transfer through a firearms dealer or without registration?

A. Yes, providing the transfer is to a person's parent, child, grandparent or grandchild who is not a person prohibited from possessing firearms, and the firearms being transferred is a rifle or a shotgun. There is no waiting period and in this case, no forms are required to be filed with the State Department of Justice. However, if the transfer of a firearms is from one spouse to the other, or if the firearm is a handgun, there is no waiting period, but a report of the transfer must be mailed to the Department of Justice within 30 days using forms which can be obtained by contacting the department (916) 227-3703. If the firearm is a handgun, the person taking title must first obtain a "Basic Firearm Safety Certificate". (Section 12078 P.C.) This section also applies to gifts, bequests, and inheritances. There is no exemption from the waiting period or the "through dealer" transaction requirement for transfers between siblings; aunts, uncles, or friends. Handguns that are classified as curio/relics are subject to the same handgun provisions as described above. Antique firearms are not subject to any waiting period or requirement to file forms. An "assault weapon" cannot legally be transferred, except between spouses or to a child and then only if the firearm was originally registered in both their names under the family joint registration provision of Penal Code Section 12285(e).

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Obviously the above is for California...as long as you are 18 years of age or older, have no crimes and the firearms is not stollen you should be golden. I'm not 100% sure about Oregon's laws with registering handguns, though...can someone clarify?

 

[Mason3379]

What is this paper work you are asking about? I didn't know there was any paperwork required for private firearm transactions, even gifting.

There is if it across state lines! Must go through an FFL. Not sure how your deal would work though since it is your dad. I would have just kept it to myself.....At this point you may want to check into it though.

 

[Riot]

There is if it across state lines! Must go through an FFL. Not sure how your deal would work though since it is your dad. I would have just kept it to myself.....At this point you may want to check into it though.

This only applies if he was purchasing/selling the firearm.

Under federal law, a person is allowed to transport a firearm across state lines from one place where it is legal to possess firearms to another place where it is legal to possess firearms. The firearm must be unloaded and in the trunk of a vehicle. If the vehicle has no trunk the firearm must be unloaded and in a locked container (not the glove compartment or console). This federal law overrides state or local laws.

Just unload it in the trunk and drive it over or fly it over in checked baggage.

 

[receo]

Not a pro but I though that if your father was an Oregon resident and loaned/gifted it to you while in Oregon you are ok no paper work needed. However if he was an Arizona resident when he gave you the gun and you were an Oregon resident, if it did not go through an Oregon dealer then a crime has been commited. Furthermore. If you were both Arizona residents when he gave you the gun and then you moved to Oregon no dealer needed. Like I said, I could be way high and totally wrong but this is my understanding of the law. I am sure others will chime In. Good luck.

 

[linflas]

@Riot- it is a handgun so does not qualify

Yes, my Father is in Arizona, gun is from him there, he loaned it to me for sporting purposes, which is legal across state lines, but now he is thinking of gifting it to me, which is not legal across state lines without an FFL transfer. I have the firearm in my possession for sporting purposes here in Oregon. Do I need to return it to him in Arizona for the transfer to legal if he decides to gift it to me?

 

[receo]

Wow, can any dealers chime in on this. I had no idea there was a provision for transfer across state lines for sporting purposes.

 

[pchewn]

When he loaned it to you, one of the following conditions probably applied:

A) You were in Arizona and he handed it to you.
B) He was in Oregon and he handed it to you.

Therefore, you were both residing in the same state at the time that this gun was handed over. What's the problem?


OR: If you are worried about the length of either "residence", then why not just "borrow" the gun from him forever?

 

[Mookie]

If the gun is already in your possession and it will be gifted to you and no paperwork is needed......

 

[receo]

I'm curious how this is any different then a sale across state lines. Is it because they are related? Can my brother in Alaska and myself in Oregon transfer guns back and forth without going through a dealer? That just seams counter to the law as I understand it. But as stated b4 I'm no pro. I am curious of the correct answer.

 

[deen_ad]

Q. Can I legally transfer ownership of a firearm to another family member without the waiting period, without processing the transfer through a firearms dealer or without registration?

A. Yes, providing the transfer is to a person's parent, child, grandparent or grandchild who is not a person prohibited from possessing firearms, and the firearms being transferred is a rifle or a shotgun. There is no waiting period and in this case, no forms are required to be filed with the State Department of Justice. However, if the transfer of a firearms is from one spouse to the other, or if the firearm is a handgun, there is no waiting period, but a report of the transfer must be mailed to the Department of Justice within 30 days using forms which can be obtained by contacting the department (916) 227-3703. If the firearm is a handgun, the person taking title must first obtain a "Basic Firearm Safety Certificate". (Section 12078 P.C.) This section also applies to gifts, bequests, and inheritances. There is no exemption from the waiting period or the "through dealer" transaction requirement for transfers between siblings; aunts, uncles, or friends. Handguns that are classified as curio/relics are subject to the same handgun provisions as described above. Antique firearms are not subject to any waiting period or requirement to file forms. An "assault weapon" cannot legally be transferred, except between spouses or to a child and then only if the firearm was originally registered in both their names under the family joint registration provision of Penal Code Section 12285(e).

if the firearm is a handgun, there is no waiting period, but a report of the transfer must be mailed to the Department of Justice within 30 days using forms which can be obtained by contacting the department (916) 227-3703

Seems lots of people missed this!!

 

[motoman98]

Seems a quote from the California law really doesn't apply to another State.
How about looking at the Federal Regs?

 

[pchewn]

Q. Can I legally transfer ownership of a firearm to another family member without the waiting period, without processing the transfer through a firearms dealer or without registration?

A. Yes, providing the transfer is to a person's parent, child, grandparent or grandchild who is not a person prohibited from possessing firearms, and the firearms being transferred is a rifle or a shotgun. There is no waiting period and in this case, no forms are required to be filed with the State Department of Justice. However, if the transfer of a firearms is from one spouse to the other, or if the firearm is a handgun, there is no waiting period, but a report of the transfer must be mailed to the Department of Justice within 30 days using forms which can be obtained by contacting the department (916) 227-3703. If the firearm is a handgun, the person taking title must first obtain a "Basic Firearm Safety Certificate". (Section 12078 P.C.) This section also applies to gifts, bequests, and inheritances. There is no exemption from the waiting period or the "through dealer" transaction requirement for transfers between siblings; aunts, uncles, or friends. Handguns that are classified as curio/relics are subject to the same handgun provisions as described above. Antique firearms are not subject to any waiting period or requirement to file forms. An "assault weapon" cannot legally be transferred, except between spouses or to a child and then only if the firearm was originally registered in both their names under the family joint registration provision of Penal Code Section 12285(e).

The above crap is from CALIFORNIA STATE LAW. I don't see how any of this applies to this case.


Arizona and Oregon won't be the problem, it will be the feds. They want to control everything that crosses state lines. You can legally transport YOUR gun from one state to another. I think this is what you did. RIGHT???? HINT: THIS IS WHAT YOU DID.

 

[receo]

Doing a little research over here and it appears that you can transfer the firearm across state lines for legal sporting purposes. I don't think anyone would debate that, I think the issue is pops leaving the gun with you in Oregon is in essence a FTf firearm purchase across state lines. I'm pretty sure the only other thing that we can all agree on is that the laws gun laws can turn a well intentioned citizen into a felon in a very short time. I'd think it wise to consult a trusted dealer.

 

[darkminstrel]

Therefore, you were both residing in the same state at the time that this gun was handed over. What's the problem?

'Reside' is a legal term that denotes a person having residence of the state in question for not less than 6 months per year. Doesn't mean 'currently standing in the same state as you'.

 

[darkminstrel]

Well you've identified the weapon as not belonging to you, which is a distinction that stands up in court. Loans for sporting purposes are fully legal. I have no knowledge if they are legal across state lines so I can't speak to that. I would say that if he wants to gift it to you it would be considered a private party transfer yet I can't find a direct statement about between family members. Interesting quandary.

 

[linflas]

When he loaned it to you, one of the following conditions probably applied:

A) You were in Arizona and he handed it to you.
B) He was in Oregon and he handed it to you.

Therefore, you were both residing in the same state at the time that this gun was handed over. What's the problem?


OR: If you are worried about the length of either "residence", then why not just "borrow" the gun from him forever?

He was in Oregon and handed it to me. The problem is I like the weapon and am thinking of using it as my carry gun, if I was to ever have to use it, I want to make sure all legal ducks are in order.

I am to be bequeathed all of my fathers firearms upon his passing, though he is 80, he is in great shape, according to the ATF's website that is the other way I could take possession on the weapon without FFL transfer.

ATF Online - Firearms - Frequently Asked Questions - Unlicensed Persons

 

[nitestocker]

i have a question are you 21 years old if so then you can have the pistol if it comes from your direct family member like brother, sister, mom, dad , grandma , grandpa

 

[USMC1345]

Doing a little research over here and it appears that you can transfer the firearm across state lines for legal sporting purposes.

Transferring is changing ownership. It is legal to loan across state lines for sporting purposes. I did the research on that law last year when I loaned a handgun to my cousin in Washington. There is no legal way around using an FFL for changing ownership across state lines. Here is the law regarding loaning...

Sec. 922. Unlawful acts
(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 a firearm to any person for temporary use for lawful sporting purposes;

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