Transfer question

wlyon · 12-25-2010, 12:19 AM

My wife has a 22 pistol which she bought in a local Montana gunshop a few years ago. She now wants to give this gun to a son who is here visiting from Colorado. Can she legally give him this gun and have him take it back to Colorado? I want it to be totally correct. Need an answer by Sunday. Thanks Bill

Edward Tinker · 12-25-2010, 12:30 AM

I am looking it up Bill, somewhere I am sure that i have read that its ok...

Quote:

§ 478.30 Out-of-State disposition of firearms by nonlicensees.

top
No nonlicensee shall transfer, sell, trade, give, transport, or deliver any firearm to any other nonlicensee, 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: Provided, That the provisions of this section:
(a) shall not apply to the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or any 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) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes.

Ed

lew1 · 12-25-2010, 06:41 AM

Techinically, the answer is no. It is not OK.

Look at the language given by Ed.

In essence, it can only be done if the owner of the pistol had died.

And even then - only if the WIll devises the weapon to the person or the person would inherit it if there were no Will.

So your wife would have to ship the pistol to a FFL in Colorado.

sheepherder · 12-25-2010, 08:20 AM

Quote:

Originally Posted by lew1

So your wife would have to ship the pistol to a FFL in Colorado.

+ 1

This just came up here a few weeks ago...My Walther P1 frame was sent here from Georgia without an FFL...My local gun shop/FFL receiver had to send it back (we both looked it over first)...The seller (a respected member of the P38 Forum) could not get a FFL to fax/email to us because it was not registered in his local dealer/FFL's book...We sent it back (his dime) and his dealer registered it and sent it out again with his FFL...Then we could go through all the NYS BS to get it on my permit...

Took about 4 weeks total...

Ron Smith · 12-25-2010, 08:32 AM

"In essence, it can only be done if the owner of the pistol had died."

Actually, that's not the case. You don't have to be dead to bequeath something.

The law basically translates to: It can be handed down to someone of the next generation, if that person can legally own a firearm in their state of residence.

be·quest [bi kwést]
(plural be·quests)
n
1. something left in will: something disposed of in a will
2. something handed down to posterity: something passed down to future generations
3. act of bequeathing: an act of bequeathing something

Edward Tinker · 12-25-2010, 11:55 AM

I agree (to Ron and myself), that is why it states estate and also says bequeth...

Also, somewhere it specifically states that a person can be given a firearm and take it interstate. I did find a section on buying a pistol for a juvinile and giving it as a gift, specifically in the section on 'not a straw purchase' and it states it is legal to do so.

There is another section that states that a person can move across state lines with a firearm....

Ed

12-25-2010, 12:19 AM	#1
wlyon Lifer 2X Lifetime Forum Patron Join Date: May 2005 Location: Somewhere in Montana Posts: 2,632 Thanks: 3,171 Thanked 2,555 Times in 954 Posts	Transfer question My wife has a 22 pistol which she bought in a local Montana gunshop a few years ago. She now wants to give this gun to a son who is here visiting from Colorado. Can she legally give him this gun and have him take it back to Colorado? I want it to be totally correct. Need an answer by Sunday. Thanks Bill __________________ Bill Lyon

12-25-2010, 06:41 AM	#3
lew1 Lifer Lifetime Forum Patron Join Date: Aug 2002 Location: Kentucky Posts: 1,108 Thanks: 82 Thanked 204 Times in 112 Posts	Techinically, the answer is no. It is not OK. Look at the language given by Ed. In essence, it can only be done if the owner of the pistol had died. And even then - only if the WIll devises the weapon to the person or the person would inherit it if there were no Will. So your wife would have to ship the pistol to a FFL in Colorado. __________________ charlie

12-25-2010, 08:32 AM	#5
Ron Smith User Join Date: Feb 2004 Location: Orygun Posts: 4,243 Thanks: 118 Thanked 245 Times in 150 Posts	"In essence, it can only be done if the owner of the pistol had died." Actually, that's not the case. You don't have to be dead to bequeath something. The law basically translates to: It can be handed down to someone of the next generation, if that person can legally own a firearm in their state of residence. be·quest [bi kwést] (plural be·quests) n 1. something left in will: something disposed of in a will 2. something handed down to posterity: something passed down to future generations 3. act of bequeathing: an act of bequeathing something __________________ I Still Need DWM side plate #49... if anyone runs across a nice one. What ~Rudyard Kipling~ said...

12-25-2010, 11:55 AM	#6
Edward Tinker Super Moderator Eternal Lifer LugerForum Patron Join Date: Jun 2002 Location: North of Spokane, WA Posts: 15,928 Thanks: 2,028 Thanked 4,525 Times in 2,090 Posts	I agree (to Ron and myself), that is why it states estate and also says bequeth... Also, somewhere it specifically states that a person can be given a firearm and take it interstate. I did find a section on buying a pistol for a juvinile and giving it as a gift, specifically in the section on 'not a straw purchase' and it states it is legal to do so. There is another section that states that a person can move across state lines with a firearm.... Ed