Transferring Grandpa's hunting rifle ...

[CountryGent]

So, my wife's grandfather would like to gift us his hunting rifle. It is, from what I heard, a 1960s-vintage Winchester 70 in .300 Winchester Magnum. Grandpa, however, is a resident of Wisconsin, not Oregon. My wife's father and mother, both Oregon residents, will be traveling to Wisconsin soon to visit grandpa. While there, they would like to transfer the rifle from grandpa to father, and eventually to daughter. As I understand the laws this would be kosher:

• Grandpa and dad go to an FFL in WI.
• Granddad transfers rifle to FFL.
• FFL does a background check, a Form 4473, and transfers it to dad.
• Dad drives back to Oregon and gives rifle to daughter. As it is a father-daughter relationship, SB 941 should, presumably, not be an issue. If it is, we can bounce it through an FFL here too, though from what I've read, that shouldn't be an issue.

Anything I missed? Any other thoughts?

Thanks!

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[MilitantBEEMER]

I do not think being Oregon residents that they can receive transfer in Wisconsin? I believe Grandpa would need to ship to Oregon FFL? May be wrong??

 

[v0lcom13sn0w]

i know what i would do... i just wont say it online

 

[CountryGent]

I do not think being Oregon residents that they can receive transfer in Wisconsin?

One can acquire a long gun (though not a handgun, receiver, PGO shotgun, anything NFA, etc.) from an FFL in another state. ATF entry here.

May an unlicensed person acquire a firearm under the GCA in any State?

Generally, a person may only acquire a firearm within the person's own State. Exceptions include the acquisition pursuant to a lawful bequest, or an over–the–counter acquisition of a rifle or shotgun from a licensee where the transaction is allowed by the purchaser's State of residence and the licensee's State of business. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C 922(a)(3); 27 CFR 478.29]​

I believe Grandpa would need to ship to Oregon FFL? May be wrong??

That was our original plan, actually. However, grandfather is in his 90s and blind in one eye, so he does not get out a lot. With the aid of wife's mom and dad, it would be easier.

 

[bsa1917hunter]

i know what i would do... i just wont say it online

We think a lot alike buddy..

 

[jbett98]

If Gramps gave you an $850.00 cash gift, would you declare it on your 2017 taxes?

 

[v0lcom13sn0w]

If Gramps gave you an $850.00 cash gift, would you declare it on your 2017 taxes?

exactly

 

[Martini_Up]

laws for pistols are different than rifles regarding out of state residents. The OP's questions look like there is maybe some conflation of the two.

 

[CountryGent]

If Gramps gave you an $850.00 cash gift, would you declare it on your 2017 taxes?

Yes, I would. However, we are talking about compliance with GCA68, not current tax code (1099-MISC, et al.).

laws for pistols are different than rifles regarding out of state residents. The OP's questions look like there is maybe some conflation of the two.

I'm aware of the difference (see post #4). The question is just a double check on a long gun and current state law. Thanks.

 

[TeacherSmurf]

i know what i would do... i just wont say it online

If Gramps gave you an $850.00 cash gift, would you declare it on your 2017 taxes?

Actually, yes we did, when he gave us money as a wedding gift. Of course, you can pay off the tax stuff, gun stuff can land you in massive trouble.

Yes, I know the chances of the government finding out are very remote. However, I would prefer not being the reason my grandpa goes to jail.

So please, keep the responses on the up and up.

 

[v0lcom13sn0w]

its ok to assume what i meant by that post. just sayin.

 

[orygun]

• Grandpa and dad go to an FFL in WI.
• Granddad transfers rifle to FFL.
• FFL does a background check, a Form 4473, and transfers it to dad.
• Dad drives back to Oregon and gives rifle to daughter.

I understand the efforts to not break any laws, but why do you feel that steps #1, 2 &3 aren't the same as step #4?

 

[CountryGent]

I understand the efforts to not break any laws, but why do you feel that steps #1, 2 &3 aren't the same as step #4?

It is illegal under federal law (18 U.S. Code § 922) for an unlicensed individual to directly transfer a firearm to another unlicensed individual if he/she is a resident of another state. A transfer of a long gun from an FFL to a resident of another state is legal.

 

[TeacherSmurf]

Step #1, 2, & 3

It is illegal under federal law (18 U.S. Code § 922) for an unlicensed individual to directly transfer a firearm to another unlicensed individual if he/she is a resident of another state. A transfer of a long gun from an FFL to a resident of another state is legal.

Step #4 is a transfer between two direct relation Oregonians.

 

[CountryGent]

Step #1, 2, & 3



Step #4 is a transfer between two direct relation Oregonians.

Exactly. This thread has been, to use a modern expression, "pure win" thus far.

 

[Sgt Nambu]

So on what I'm assuming is a clear rifle, you want to put papers on it?

 

[Who The F R U]

Put it in the truck and bring it home.

No need for the OP on this one.

 

[jbett98]

The annual exclusion is the maximum value of gifts you can give to each person. For example, during the 2016 tax year, the law allows you to make an unlimited number of tax-free gifts as long as no one receives more than $14,000.

 

[rick benjamin]

Pops visits gramps (we aren't there, can only opine)
Pops returns home
Pops visits CG's homestead and tosses a case on the front lawn.
It's all in the family.

A few whiles ago, Pops drove his motor home from cali to my driveway.
Lifted the cargo door, started tossing cases on the front lawn.
Said "too old for this any more".
It's all in the family.

 

[v0lcom13sn0w]

Pops visits gramps (we aren't there, can only opine)
Pops returns home
Pops visits CG's homestead and tosses a case on the front lawn.
It's all in the family.

A few whiles ago, Pops drove his motor home from cali to my driveway.
Lifted the cargo door, started tossing cases on the front lawn.
Said "too old for this any more".
It's all in the family.

i LOL'd at "too old for this any more"