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Old 12-17-2009, 11:13 PM
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Default Gifting a gun

My daughter is turning 21 in late January. We both live in the same state (AZ). I have a 38 spl J frame I'd like to give her. Do I need to do transfer thru a FFL or can I just give it to her?

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Old 12-17-2009, 11:44 PM
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You would have to check your state laws. If I were to do the same thing here, I would transfer through an FFL just to be on the safe side. You definately should google up your state laws.
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Old 12-17-2009, 11:44 PM
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I know in MA I just picked up a form at the police dept, filled it out with both parties info and mailed it certified.
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Old 12-18-2009, 12:58 AM
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Whatever happened to just handing someone a gun? Here ya go!

If it ever comes up there's a very simple response: Yes, I gave it to her/him. Red tape for everything these days...
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Old 12-18-2009, 01:20 AM
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Originally Posted by popgun View Post
My daughter is turning 21 in late January. We both live in the same state (AZ). I have a 38 spl J frame I'd like to give her. Do I need to do transfer thru a FFL or can I just give it to her?

thanks
popgun
No FFL transfer is required under federal law. Unless Arizona has some ridiculous requirement to transfer handguns between private individuals within its borders, and I doubt that it does, go ahead and give it to her. I have my FFL and have run this scenario by ATF to make sure they interpret the regs same as me, and there is no federal restriction on what you want to do. I have gifted several guns to my sons with no problems. Some before, and some after, I bothered to confirm the legalities with ATF...
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Old 12-18-2009, 01:49 AM
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Really I guess it depends on if you care to have the gun remain registered to you. I wouldn't care a bit, I plan on giving my brother the Sigma he wants soon.
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Old 12-18-2009, 05:43 AM
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No transfer is needed in AZ. since you are both residents, you can just give it to her with a big hug and a Happy Birthday
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Old 12-18-2009, 07:03 AM
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Really I guess it depends on if you care to have the gun remain registered to you. I wouldn't care a bit, I plan on giving my brother the Sigma he wants soon.
This comment is really a misnomer (no offense meant) . . . we don't have gun registration in the United States (spotty local laws excepted). When you purchase a new weapon there is a record made of the original purchaser, which is different than registration.

We in the United States at the current moment are still a free people with the right to own, trade and sell private property. At the moment firearms are considered private property so short of giving one to someone prohibited by law from owning a firearm (i.e., convicted felon) you are free to do with them as you would any other private property.

I am giving two firearms as gifts this Christmas and have no intention of doing any paperwork . . . the thought that we have gun registration in this country was conjured up by people of the same ilk who teach global warming to our kids and after it's said over and over and over people begin to believe it's so.
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Old 12-18-2009, 09:29 AM
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Quote:
Originally Posted by BigRich315 View Post
Whatever happened to just handing someone a gun? Here ya go!

If it ever comes up there's a very simple response: Yes, I gave it to her/him. Red tape for everything these days...
Or like my 24 year old son did "Hey dad, remember all those guns you bought over the years that you told mom were for me? Well, I took them! Thanks."
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Old 12-18-2009, 09:31 AM
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Originally Posted by Faulkner View Post
We in the United States at the current moment are still a free people with the right to own, trade and sell private property. At the moment firearms are considered private property so short of giving one to someone prohibited by law from owning a firearm (i.e., convicted felon) you are free to do with them as you would any other private property.
I have bought guns, both long guns and pistols, FTF from others, done FTF trades for others and given a few away to family members. There is only an issue when shipping across state lines, then you must get an FFL involved.

There are many politicians that would like to take away these rights, but for now, in most states, it is still perfectly legal to do for transactions within a state.
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Old 12-18-2009, 11:37 AM
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Originally Posted by Faulkner View Post
This comment is really a misnomer (no offense meant) . . . we don't have gun registration in the United States (spotty local laws excepted). When you purchase a new weapon there is a record made of the original purchaser, which is different than registration.

We in the United States at the current moment are still a free people with the right to own, trade and sell private property. At the moment firearms are considered private property so short of giving one to someone prohibited by law from owning a firearm (i.e., convicted felon) you are free to do with them as you would any other private property.

I am giving two firearms as gifts this Christmas and have no intention of doing any paperwork . . . the thought that we have gun registration in this country was conjured up by people of the same ilk who teach global warming to our kids and after it's said over and over and over people begin to believe it's so.
Good answer for folks who live in a state that is sort of covered by the federal Constitution, and AZ is surely one of those states. In MA, things are a little different, and in some states they are even more different. Stay tuned, however. There is at least one significant case coming up before SCOTUS, and MA shows some signs of following the Supreme Court. Probably some of the others don't care.
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Old 12-18-2009, 11:56 AM
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here in va.you could simply hand it to her as both parties are in state...like you,on my sons 21st birthday i gave him my mod.10 snub that i received on my 21st birthday
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Old 12-18-2009, 12:07 PM
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Well, lets see. I have about 25 SW pistols-
I now give them to my son. They're all his. Done deal.
And my double Fox .410 I give to my wife. I'll hang on to my Colts.
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Old 12-18-2009, 12:48 PM
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Well, lets see. I have about 25 SW pistols-
I now give them to my son. They're all his. Done deal.
And my double Fox .410 I give to my wife. I'll hang on to my Colts.
Dictionary definition of heresy.
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Old 12-18-2009, 06:31 PM
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Default Tort Law Issue

I'd do the easiest transfer, such as a letter of transfer that you both keep. Serial, make/model and photo. If she has to shoot someone or has an accidental discharge, YOU can be dragged into the fray if YOU still own the gun.
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Old 12-18-2009, 07:00 PM
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Quote:
Originally Posted by Faulkner View Post
This comment is really a misnomer (no offense meant) . . . we don't have gun registration in the United States (spotty local laws excepted). When you purchase a new weapon there is a record made of the original purchaser, which is different than registration.

We in the United States at the current moment are still a free people with the right to own, trade and sell private property. At the moment firearms are considered private property so short of giving one to someone prohibited by law from owning a firearm (i.e., convicted felon) you are free to do with them as you would any other private property.

I am giving two firearms as gifts this Christmas and have no intention of doing any paperwork . . . the thought that we have gun registration in this country was conjured up by people of the same ilk who teach global warming to our kids and after it's said over and over and over people begin to believe it's so.
Very Nicely Said !!!!!!!
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Old 12-18-2009, 11:53 PM
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You live in the Great State of Arizona, as I have for 50 years (wow, I can hardly believe it!). I also owned a gun shop in Arizona, and am very familiar with the gun laws here. There are no restrictions on private transfers in Arizona (only the federal requirement that both parties be residents of Arizona). In other words, wrap the gun in a well-decorated box and leave it under the tree for her, you need not go through any "official" channels, transfer through an FFL, do any paperwork, etc.

BTW, it has been a long-standing tradition in my family to give guns for Christmas, which started in about 1959 or 1960 when my Mom gave my Dad a Colt Python for Christmas (she put it in a huge heart-shaped See's Candy box, reallly surprised Dad! Back then, NOBODY could find, let alone buy, a Python). Let's see, a few years later, my parents gave me a Weatherby Mk V in .300 Wby Mag for Christmas (yes, that was a good Christmas!), and many others were given between my family members. I suggest you wrap that gun in a candy box, or something similar, to give her a real surprise, neither of you will forget it.

Merry Christmas!
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Old 12-19-2009, 12:43 AM
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Quote:
Originally Posted by BigRich315 View Post
Whatever happened to just handing someone a gun? Here ya go!

If it ever comes up there's a very simple response: Yes, I gave it to her/him. Red tape for everything these days...
I'm with you! Here's a firearm. God,,, who would even live in a state that makes red tape over gifting a firearm?

FFL for gifting. Give me a break! I'm going to go to Arkansas in the morning to pickup 3 firearms, ammo, parts and literature. No paper work. And free to boot!
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Old 12-19-2009, 03:47 AM
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Originally Posted by scotsbrae View Post
I'd do the easiest transfer, such as a letter of transfer that you both keep. Serial, make/model and photo. If she has to shoot someone or has an accidental discharge, YOU can be dragged into the fray if YOU still own the gun.
I have always done this for both parties protection........
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Old 12-20-2009, 08:29 AM
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I'm with you! Here's a firearm. God,,, who would even live in a state that makes red tape over gifting a firearm?

FFL for gifting. Give me a break! I'm going to go to Arkansas in the morning to pickup 3 firearms, ammo, parts and literature. No paper work. And free to boot!
Perfectly reasonable post, but sometimes there are other factors. I actually know a former collector who is moving to NJ. As a generality, it makes even less sense than living in MA. In the specific case, he is probably right.
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Old 12-28-2009, 09:02 AM
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Originally Posted by jpwhel View Post
I have bought guns, both long guns

and pistols, FTF from others, done FTF trades for others

and given a few away to family members. There is only an

issue when shipping across state lines, then you must get

an FFL involved.

There are many politicians that would like to take away

these rights, but for now, in most states, it is still

perfectly legal to do for transactions within a state.
What about immediate family(Does that even matter? I see

the family tie-in brought up a lot.) member/sibling that

lives in another state?

Can you gift or sell to them in your state and have them take

a sidearm or long gun across State lines?

Bear in mind this is a private, non-licensed individual

gifting or selling in their state. Not a regulated

business w/license to sell firearms, if that makes a difference.


So, I like to gift, however I'm not rolling in the dough

and a sibling, that I know can legally own a firearm,

decides they want to buy one or two sidearms or long guns from me.

You can't sell a handgun to someone from another state if you are a

licensed business unless you ship to an FFL in the buyer's State.


Can you still gift to them from your State or sell them a

handgun or long gun in your state as a private individual w/o going

through the paperwork & expense of the FFL transfer fee

and shipping?

I went to the ATF website and the closest I got to the same

scenario was a parent/guardian gifting to their minor

child.

"I also owned a gun shop in Arizona, and am very familiar with the gun laws here. There are no restrictions on private transfers in Arizona (only the federal requirement that both parties be residents of Arizona)."

Does the Federal requirement stand for non-licensed individuals?

I understand that a business can not sell to someone, w/out of state residency, a handgun w/o transfer to the buying party's State through shipping to an FFL.

Does that hold true for a non-licensed individual? If there's no State law preventing such can you sell a sidearm, in your state, to someone that resides in another legally?

It appears ridiculous that I couldn't sell a firearm to a family member while they were visiting w/o having to go through all the hoop jumping & expense.
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Old 12-28-2009, 05:46 PM
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When my Father died, I took possession of all of his guns. Maybe it was easier since we lived in the same state. Reading this thread the other day made me begin to think, how do I prove ownership of them if they were ever stolen since I have no receipts for any of them, except the few that I have purchased. I hope having the serial number of the weapon, along with a picture, would be enough to prove ownership.
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Old 12-28-2009, 06:08 PM
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If I was concerned I'd write a sales slip from my dad to me and date it while he was alive.

I have to get on my soapbox now and then coz I think it's stupid that you can't sell to people from out of your state unless you spend even more money on shipping and transfers.

They say it's better to give than receive. Guess I'll become one of the last big spenders/givers...
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Old 12-28-2009, 11:27 PM
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"I also owned a gun shop in Arizona, and am very familiar with the gun laws here. There are no restrictions on private transfers in Arizona (only the federal requirement that both parties be residents of Arizona)."

Does the Federal requirement stand for non-licensed individuals?

I understand that a business can not sell to someone, w/out of state residency, a handgun w/o transfer to the buying party's State through shipping to an FFL.

Does that hold true for a non-licensed individual? If there's no State law preventing such can you sell a sidearm, in your state, to someone that resides in another legally?

It appears ridiculous that I couldn't sell a firearm to a family member while they were visiting w/o having to go through all the hoop jumping & expense"

Yes, the federal requirement that both parties be residents of the same state (and that the transfer take place within that state), applies to transfers between individuals. Also, it is illegal (again, federal statute) for anybody to knowingly transfer a firearm to any individual who has had a felony conviction, or any of the other disqualifiers listed on Form 4473 (which you have undoubtedly filled out numerous times at your friendly local gun store). All this is courtesy of the Gun Control Act of 1968, which applies to all of us, whether we like it or not.
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Old 12-29-2009, 07:20 AM
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These type of questions depend on the state you are both in. In the states that allow a FTF cash & carry, have at it. I don't worry about 'proving ownership' on a gun with a known history.
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Old 12-29-2009, 07:59 AM
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Assuming there are no state requirements regarding the transfer, I would probably just type up a bill of sale, sign it, and give her the gun. The BOS would show she got the gun legally if any question ever came up.
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Old 12-29-2009, 09:25 AM
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In this day and time as the government likes to stress the importance of a global economy. I have to wonder, if I decide to sell a car, if I should contact the DMV or DOT for out of state transfer of vehicle.

I think w/o a doubt I could easily prove, backed w/statistics, that the automobile is the deadliest tool of homicide in the good ole US of A.

Yep, if I sell a ride out of state I better go through a dealership or at the very least a licensed car lot for all the paperwork, taxes, prep, freight, associated title fees and naturally a small commission based on the value.

Come to think of it better make an undercoat mandatory and reclaim the dirt so you don't contaminate the State of residency.

From Harley Davidson to Wally-world we can buy t-shirts and trinkets from the Pacific Rim and the government wants an intrastate corridor between Canada and Mexico in the name of facilitating free trade and movement in the North West hemisphere. Yet, our hands are tied in so many ways in the land of the free.

The GCA 68 is showing it's age and is in bad need of a make-over. I'm all for keeping firearms out of the hands of BGs, yet as I understand 200,000 to a quarter million legal hand guns are stolen every year. Combine that w/estimate of around 300,000 long guns and that's about a half a million stolen guns annually.(according to my online research, give or take a hundred thousand.)

I'm assured through my own conclusions that those guns and their current guardians have no problem selling out of state, to known felons, underage thugs, etc.

Once again law abiding citizens that wouldn't dream of committing violent acts have to pay & sacrifice because of those that do.

Sorry for the thread drift. I'll step off my soap box and take a break from stumpin' on my position.
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