? on a handgun transfer between relatives in different states.

[PDL]

So, question came up at the range today. Relatives living in different states want to transfer a handgun. They visit regularly etc.

Since they're in different states, the transfer would have to go thru an FFL I believe. At least to be legal, cause this state needs permits and Nics and all kinds of BS for handguns.

Would it be legal for the transferer to bring the gun to the state of the receiving nephew, and both of them go to a local FFL to do the transfer. All other legal requirements being satisfied? In other words, the out of state relative turns it over to the local FFL and the local FFL transfers it to the instate resident for what ever fee's and other legal details like recording and filling out forms and permits etc.?

I suspect it could be done with the one relative tuning it over to an FFL in his state. That dealer shipping it to the instate FFL and then the paperwork. But that would mean a double FFL fee and the shipping instead of bringing it along on the next visit.

 

[Rule3]

Would it be legal for the transferer to bring the gun to the state of the receiving nephew, and both of them go to a local FFL to do the transfer. All other legal requirements being satisfied? In other words, the out of state relative turns it over to the local FFL and the local FFL transfers it to the instate resident for what ever fee's and other legal details like recording and filling out forms and permits etc.?

I vote for this option but I see you are in NJ so all bets are off and I am not smarter than a 5th grader.

Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.
[18 U.S.C. 922(a)(3) and 922(b)(3)]

 

[ibthumper]

Be oh so glad that you don't live in the Peoples Republic of Kalifornia. You have to have a weapon on the approved list, have your "I can handle a gun safely permit," background check, transfer by licensed dealer. Oh and the state will know you have a gun.

 

[GatorFarmer]

There's some complicating factors to consider. These include who is a bonafide resident of what state as opposed to just visiting, a student, or a member of the military stationed somewhere.

Then there is the matter of whether the "gun" is really a "gun" uncer the GCA '68. For example - guns made before Jan 1, 1899, guns that don't use fixed ammunition, and air guns = not "firearms" under the GCA '68. These items can transfer without Federal restrictions.

It also depends on whether the firearm - assuming that it is one - had the excise tax paid on it. It is legal to make non NFA weapons for personal use, but these cannot be sold - only passed on as an estate - unless the excise tax is paid. Thus someone is free to machine all the 1911s they want in the gararge, but if they sell/give one away it becomes a problem.

You also need to check to see whether someone from another state can legally bring a handgun into NJ or if they need a hunting lisc or some such.

 

[JoseyWales2]

...Would it be legal for the transferer to bring the gun to the state of the receiving nephew, and both of them go to a local FFL to do the transfer. All other legal requirements being satisfied? In other words, the out of state relative turns it over to the local FFL and the local FFL transfers it to the instate resident for what ever fee's and other legal details like recording and filling out forms and permits etc.?

My understanding is that this is NOT legal, although I am not a lawyer.

There are two options if person A and person B are not residents of the same state.
- Person A can ship overnight via FedEx or UPS to person B's FFL. Person B then does the necessary paperwork at the FFL and takes possession.
- Person A takes it to their FFL, who then can ship however they want to person B's FFL. Person B then does the necessary paperwork at the FFL and takes possession.

If both person's were residents of the same state, then a face-to-face transfer can happen without going through any FFL. (I believe this is true in all states as it's Federal law and not state law... it's true in Missouri I know for sure.)

 

[oldman45]

I think it would be legal, as long as the seller brought the gun into the state and then completed the proper paperwork at a FFL dealer. However, depending on the state, bringing a gun into the state may not be legal.

This would be equal to travelling through a state, meeting a buyer and then completing the sale as long as travel with a gun into the state is legal.

State gun laws is why I stay out of CA, IL, HA, NJ & NY. Each of which are nice states with popular tourist attractions but some bad gun laws that keep tourism down.

 

[AirForceShooter]

How would he posess a gun legally in NJ?
He's an out of state resident and he sure doesn't have an NJ permit.

Just do the FFL thing by shipping from out of state

AFS

 

[captken]

Geesh, y'all make things difficult. The question was transfering a gun between an uncle and nephew. Just wait for the annual family reunion and hand the gun to the boy and tell him not to shoot himself in the foot. If anything ever came up in the future, play dumb. Better to ask forgiveness than permission.

 

[Alpo]

That works with a lot of things, but not so much with laws.

The original question was not "how can I get it to him", but "how can I do it legally".

Your suggestion violates both state and Federal laws.

 

[williamlayton]

Taking it to a FFL or shipping it to a FFL is the same thing.
Now the legality of your Uncle/Nephew is his to deal with and should be arranged ahead of the transfer.
If I knew enough about the person---I might just take a chance.
I am not an attorney/paid spokes person.
Do it thru a FFL--but the sending or takeing seems to be irrevelant.
Blessings

 

[DeadAye]

Who?

Who comes up with these laws?

It's legal to sell a gun to a total stranger if they live where you do
But
it's illegal to sell the same gun to someone that you know and trust if they live somewhere else?

And this makes sense?

 

[Firehouse]

If you can legally transport the handgun into the state the relative lives in, the only way by Federal law to transfer ownership to the relative is to go to an FFL holder and pay them to transfer it. It is illegal to privately transfer a handgun to anyone that is a resident of another state. As an FFL holder myself, and a CWP holder with state to state reciprocity I have hand delivered a handgun to another FFL in my cousins state of residence and paid to transfer it to him. The key is finding an FFL holder ahead of time and setting up the transfer before attempting it. That way you can be sure you do it correctly from the onset. If nothing else, find a local FFL and ship it to the relatives FFL.

 

[Bat Guano]

Sort of makes a hollow joke out of "shall not be infringed", doesn't it?

 

[PDL]

Thanks guys. I'm not personally involved with this transfer. As I said, the question came up at the range. The responses cleared up a point that I hadn't considered. Transporting the gun legally into the state would be the only sticking point that I can see now. Especially in this state. They slammed a guy who missed his plane and took his lugage, including a gun with him to the hotel overnight. When he declared the firearm for the next day's flight, they arrested him. NJ's interpretation of the Firearms Owners Protection Act leaves a lot to be desired. Seems like in this state the only reasonable way for the guy to do the transfer would be to pay the extra FFL in the uncle's home state. Other states probably wouldn't have a problem doing it the way I orriginally thought.

Oh, just for the record it was just an ordinary 1911 that the uncle doesn't use anymore.

Thanks again.

 

[H Richard]

I would check directly with an "experienced" NJ FFL holder whom you know or a friend would know and trust. The differences from state t state are so diverse there is no common answer except in your particular state.