Transferring Firearms to One's Children

[Rosco Shooter]

As I'm bumping up against age 74, I'm contemplating what to do with my modest collection of firearms. I have several rifles, shotguns, and handguns that I would like to pass along to my sons when I can no longer use them. A complicating factor is state of residence. I'm a Michigan resident, one of my sons lives in Tennessee, and the other son lives in Mississippi. Neither one of them has a criminal record.

Do I need to go through the FFL to FFL process to transfer the firearms, or may I simply "pass them along?"

Thank you for your time.

 

[BigBoy99]

To be totally legal, they must go through an FFL in the state of yours son's residence which is just the Govts. sneaky way of keeping track of where the gun goes and who owns. All of the transfer records must be surrendered to the BATF when the FFL goes out of business. Eventually they will know where and who has all the guns in the US. However, they could be just given to them without going through the FFL. It not like you are providing them to some street thug. It all depends upon what you want to do.

 

[Arik]

You have to know your state laws and their state laws. You can gift guns to your children but to cross state lines they have to go through an FFL.

Sent from my XT1650 using Tapatalk

 

[Muss Muggins]

All.
My oldest was down here for Thanksgiving. I gave him 2 revolvers and a 22 rifle. I said, "Here, take these with you back to Idaho".
No FFL required.
Bill@Yuma

Yeah, this works if each party lives in a gun friendly state, and as long as each party is a legal possessor. My only worry in this instance would be how the guns get home. Tennessee and Mississippi are pretty friendly. I don't know about Michigan, and I don't know much about the states in between. Should be pretty easy to stay out of Illinois, which is definitely unfriendly . . .

 

[old bear]

As with so many things there are generally two ways to do things.
1-The legal way by doing FFL transfers.
2-The quick and easy way. Have your sons drive to your home, then hand them the guns, and let them decide how they want to get them home.

I think it's a shame, that it can be so complicated for a parent to give a child a gift.

 

[rags]

As with so many things there are generally two ways to do things.
1-The legal way by doing FFL transfers.
2-The quick and easy way. Have your sons drive to your home, then hand them the guns, and let them decide how they want to get them home.

I think it's a shame, that it can be so complicated for a parent to give a child a gift.

"Here kids!" "Thanks Dad!"

 

[Ivan the Butcher]

One of my sons lived in Texas, another lives in New Jerseystan. I insisted the take there guns to their homes. The son in NJ only has a few long guns and a 1911. He felt, he didn't want the Red Tape and just took them home (might or might not be a future problem, the southern county sheriffs are reasonable) When the other son went to Texas, it boiled down to: Red Tape, What's Red Tape? This was close to San Antonio. My Third son resides across town in an apartment, he has his all his guns with him. My daughter lives in NJ, her husband bought a 22 target rifle in Ohio, took it home and ask the Sheriff what was needed, "Just shoot it at home or local range, if you need to do anything else, come see me then!" Like I said the southern counties of Jersey aren't that bad!

Ivan

 

[hobby-gunsmith]

transferring firearms to one's childres

Federal law strictly prohibits the transfer, sale, loan, trade or delivery of any firearm to a non-resident, and also restricts many transfers by a licensed firearms dealer to a non-licensee. It is therefore a federal crime an ordinary citizen to sell, transfer, give, or receive a firearm when the person receiving the handgun is not a genuine "resident" of the state in which the transfer is made. In such instances, anyone willfully involved would be guilty of a federal felony. These restrictions also apply to transfers made by a federal licensee to a person who does not reside in the dealers state. The procedure would also apply to a "gift" of any firearm to an out-of-state resident. So, if you want to make such a gift, you'll have to arrange to have it sent to a federal licensee in his home state. Almost all gun shops will assist in this process for a small fee. Hope this helps in the disposition of your collection to your children.

Nick

 

[Bozz10mm]

What if your children live in Michigan. You give them the guns. They later move out of state and take the guns with them. How is that any different? Weird laws.

 

[johngalt]

Since Michigan registers handguns it would be best to stay legal. What happens if the state decides to check and you can't produce all the firearms that are registered to you?

 

[hobby-gunsmith]

transferring firearms to one's children

Each state has their own set of laws beside the feds. However, the federal laws always supersede the state laws. In Florida, you cannot sell to someone from out-of-state a convicted felon, etc. All sales made on public property vary some laws. The transaction are from a private sale. Each state is different and you will need to check what the laws are in your state. The age is at least 18 for a handgun, rifle and shotgun. The handgun purchase from a FFL is 21 years of age.

 

[CAJUNLAWYER]

Well I know what answer I would give you if you were sitting in my office-but since you are not sitting in my office I shall not give it.

 

[sousana]

However, if you want to give a firearm to someone who lives in another state, you are required to go through an FFL. Transfers between non-FFL residents of different states cannot be done any other way. Above all, make sure to consult all applicable state laws by reviewing the NRA-ILA website before you give someone a firearm.

 

[italiansport]

If I had a lot of older firearms that I wanted to gift to my family members out of state; I'd do the following:
Get a C&R FFL.
Have those who are to receive gift firearms do the same.
Transfer and record the firearms C&R FFL to C&R FFL.
In three years let the licenses lapse and the transfer records can then be discarded.
I believe this will work in most States
Jim

 

[deadin]

About the only 100% legal way to avoid the FFL transfer dance is to specifically bequeath each gun to each child in your will.
Then you can sit around and wait to die....... (This will satisfy the Federal requirements. I have no idea about individual State rules.)

 

[rburg]

Well, there are lots of ways to do it. Some more legal than others. If the wayward sons live in another state, and you've owned the guns longer than they've lived in the other state, I'll be real hard for anyone to prove much of anything. Well, besides what you both swear to. Even worse, if you bought the guns over the table, then anything goes. Not legally of course. If the gun doesn't have paper, and you live in a free state, it may not be legal.

But a bunch of what the legal/illegal stuff is based on what the prosecutor can prove. An old family gun given between two free states again means anything goes. The common lie is "I gave that to him when he was 16". And now he's 50. No sir, he just stored it here while he lived in an apartment in a bad area of town or was moving every few years.

So if you plan on skirting the legal letter of the law, there are things you need to know. First and easiest, how old are the offspring or relatives. Then how old or when was the gun produced. Then when you want the lie to have taken place. Just like pieces of a puzzle there often is a way to fit them together.

And I take issue with the advice that you need to go to the state of residence to transfer a long gun. FFLs can sell to or transfer to residents of other states . Sure, all the other things must be in place, like not being a felon and their home state must allow out of state purchases. Yes, there probably will be a "transfer fee" because the FFL needs funds to pay his rent. We make this a lot more difficult than it needs to be.

The cheapest and most legal way is to go to your (donors) FFL and have it sent through the mail (USPS) to the receiving FFL. Both need to be aware and happy with the arrangement before hand. The USPS is the only way to save any money. And it will probably cost 2 transfers along with the postal charges. Anytime you involve UPS or Fedex, the cost goes way up.

In all this you also need to know your state laws. Both states.

 

[zeke]

Simply get yourself a trust, and make them beneficiary's.

 

[rburg]

Examples should also help:

Back a bit, I gave my one son an 1884 Springfield. To the best of my knowledge it has never been registered since my grandparents bought it in about 1904 to have a gun on the farm. I gave it to my then adult son to hold for my grandson. I can't think of anything illegal about it.

Maybe 3 years ago I bought a P238 to carry. I didn't like it so I gave it to another son. He lives here so I don't see a problem.

Last summer I bought a Shockwave. Can't give it to my Ohio son, they're illegal over there.

 

[Bugkiller99]

My suggestion. Take a trip to visit son, with guns that you are giving to him. Avoid any state where gun may be illegal in your travel. Yes you can plead federal law allows you to pass through one of those states, but don’t rely on it.

Visit with son and family. Get up one morning, go to local FFL, transfer guns to son. While waiting for NICS check, you, son, and FFL grouse about silly gun laws. Complete transfer.

Go to range. Shoot you son’s new to him guns.

Go to second son’s house. Rinse and repeat.

DON’T put you, or your sons’ gun rights at risk. Use it as an excuse to visit them.

 

[Rosco Shooter]

Thank you everyone for your responses. That is a lot of information to digest. I'm still pretty active, but I can see the handwriting on the wall, and want to be proactive. Thank you again.