Is this illegal?

[cirelaw]

Can you legally give your your son a luger who visits you in Florida and takes it back to his home to Georgia in his car?

[gunbugs]

Yes you can. Yes he can.

[Blm14740]

From the ATF website:

"A person may transfer a firearm to an unlicensed resident of their state, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under federal law. There may be state laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact their State Attorney General’s Office to inquire about the laws and possible state or local restrictions.

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 transferee’s state of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check."

-Brandon

[ithacaartist]

Originally Posted by Blm14740

From the ATF website:

"A person may transfer a firearm to an unlicensed resident of their state, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under federal law. There may be state laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact their State Attorney General’s Office to inquire about the laws and possible state or local restrictions.

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 transferee’s state of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check."

-Brandon

"Transfer" is a specific process, so I wouldn't read the first part of this to mean that you'd be fine driving a gun out of state and just giving it to someone. Tread carefully and accurately informed.

States' Rights gives us the mish-mash we have. Regulatory pi**ing contests among and between states also impresses me as a thing.

What I'd like to see is evidence-based policy. My state's former governor railroaded the "S.A.F.E. Act" through as an executive order on a Sunday night, bereft of any public input. It's basically magazine capacity restrictions, registering the dreaded, so-called "Assault Weapons" with the state police, and a ridiculous requirement for a state level background check for ammo purchases. The latter hasn't arrived, but they say they're working on it. What effect this stuff has on the real situation is anybody's guess. Inquiring minds want to know. This is why I'd also like sundown clauses in laws/regs/policies so that the ones that don't work as intended go away without a lot of fuss, and reasoned, evidenced analysis of their effects if an effort is made to continue any of them. I'd like to see tons of up-to-date, accurate, relevant data to support everything.

[sheepherder]

Originally Posted by ithacaartist

...I wouldn't read the first part of this to mean that you'd be fine driving a gun out of state and just giving it to someone.

Screw New York! I told Ed I'm going to box up all my handguns and mail them to him. Save my niece the trouble of figuring out what to do with them. I'll be long gone and Ed will have a nice nest egg for his grandkids!

[schutzen-jager]

interstate transfers of all post 1898 handguns + long arms must be done thru FFL dealer in receivers home state as per federal law - only federal exemption is if it is left to a relative in a probated will by deceased -

Interstate Gun Sales

Federal law for interstate gun sales and other transfers – those occurring between two people who are not Federal Firearm Licensees (FFLs) who live in different states — is pretty straightforward. A person who is not an FFL cannot acquire a handgun from anyone – an FFL or any other person – who lives in another state. A person (the “transferee”) acquiring a long gun must do so through a licensed dealer (FFL). It can be an FFL in any state, the transfer must comply with the laws of the FFL’s and the transferee’s states.

[schutzen-jager]

Originally Posted by gunbugs

Yes you can. Yes he can.

yes you can but it is a felony under federal law + most state regulations -

[Edward Tinker]

Originally Posted by schutzen-jager

yes you can but it is a felony under federal law + most state regulations -

Each state has slightly different or totally different laws. And if you're from CA, NJ or NY, your views are much different than other states.
The ATF specifically states you can, so check your state laws.

https://johnpierceesq.com/what-to-do...another-state/

still looking for BATF but this states where it is legal to bequeath a firearm but a gift can be different.

Just bypass all of this, gift it to him and have an FFL send it to a FFL - might cost $100

[cirelaw]

Thank You All~

[schutzen-jager]

Originally Posted by Edward Tinker

Each state has slightly different or totally different laws. And if you're from CA, NJ or NY, your views are much different than other states.
The ATF specifically states you can, so check your state laws.

https://johnpierceesq.com/what-to-do...another-state/

still looking for BATF but this states where it is legal to bequeath a firearm but a gift can be different.

Just bypass all of this, gift it to him and have an FFL send it to a FFL - might cost $100

- it is a federal penalty regardless of any state laws to do any interstate transfer of any post 1898
without using a FFL to record transfer at receivers state except if specifically noted in deceased relatives will -
https://www.atf.gov/firearms/qa/whom...arms-under-gca -
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 transferee’s state of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

[Edward Tinker]

Originally Posted by schutzen-jager

- it is a federal penalty regardless of any state laws to do any interstate transfer of any post 1898
without using a FFL to record transfer at receivers state except if specifically noted in deceased relatives will -
https://www.atf.gov/firearms/qa/whom...arms-under-gca -
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 transferee’s state of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

I said that, but not as articulate.

it can be a minefield

[MikeP]

PITA, but interstate has to go between 01 FFls.
Cost 20-50 bucks.
Rules can be googled, but best to cut to the chase and contact a dealer who will ship.
Amazing mish mash of laws between states.
I did one recently where he even packed it up. Postage and transfer $65.00.
Saved me a 40 mile drive to FEDEX who will ship C&Rs.
Post office will only ship handguns by 01s.

[cirelaw]

Does it address selling some of your old luger collection ammo for sale or gift to a fellow Forum Member?

[schutzen-jager]

no restrictions on ammo , but it is illegal to ship via U.S. Post Office + UPS , Fed EX , + common carriers require special decals on package - see link -

https://www.guntab.com/insights/how-...o...%20More%20

[cirelaw]

Thank You!

[gunbugs]

I really don't think ATF cares if you gift a Luger to your son in person. If you were "transferring" it to someone non-related from out of state, then MAYBE that could be an issue, but only if you are doing stuff that gets their attention, that is way more problematic than that.

[schutzen-jager]

in most areas they will use anything to effect an arrest + convictions - the entire agencies budget + the individual agents promotions + status depends on performance - it is always much easier to convict an honest person that made a mistake then it is to convict a hardened career repeat criminal type