He lives in Virginia. I live in Florida. He’ll be in Florida when he gets his gun from me.Online search engines are your friends. The official answer to your question (the only one that matters) can be found here. https://www.atf.gov/qa-category/unlicensed-persons Just out of curiosity, if you can physically give this person the gun, why does he need to ship it to himself?
Why doesn't he just bring it home with him? If there's some sort of issue that makes it difficult for him to bring it home himself you might as well just ship it to an FFL in VA yourself since one has to be involved in this transaction anyway. Is this a handgun or long gun we're talking about?He lives in Virginia. I live in Florida. He’ll be in Florida when he gets his gun from me.
He lives in Virginia. I live in Florida. He’ll be in Florida when he gets his gun from me.
18 U.S.C. 922. Unlawful acts
(a) It shall be unlawful—
...
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph
(A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,
(B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and
(C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;
...
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) 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; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an 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) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
....
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
...
(3) any firearm to any person who the licensee 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 licensee's place of business is located, except that this paragraph
(A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and...
(B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
(a) It shall be unlawful—
...
(3) for any person, ... to transport into or receive in the State where he resides ...any firearm purchased or otherwise obtained by such person outside that State,...
(a) It shall be unlawful—
...
(5) for any person ... to transfer, sell, trade, give, transport, or deliver any firearm to any person ...who the transferor knows or has reasonable cause to believe does not reside in ... the State in which the transferor resides; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest ..., and..
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
: continuing for a limited amount of time : not permanent
: intended to be used for a limited amount of time
...of, relating to, used, or suitable for sport...
: the reason why something is done or used : the aim or intention of something
He flies back and forth and doesn’t feel comfortable checking it in with luggage. He’s concerned it’ll disappear somewhere between here and there.Why doesn't he just bring it home with him? If there's some sort of issue that makes it difficult for him to bring it home himself you might as well just ship it to an FFL in VA yourself since one has to be involved in this transaction anyway. Is this a handgun or long gun we're talking about?
Is this stating that it’s unlawful for me to simply give him the gun and for him to take it to his home? Surely not.Under those circumstances, if you just give it to him, and he takes it home with him or ships it to himself, both of you will have committed a serious violation of federal law and each risk up to five years in federal prison and/or a fine (plus a lifetime loss of gun rights).
Here's an overview of federal law on interstate transfers under the Gun Control Act of 1968:
- Under federal law, any transfer of a gun (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. And a handgun must be transferred through an FFL in the transferee's State of residence. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.). There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.
- In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.
- In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence. In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.
- There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.
- The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).
- Here's what the statutes say:
- Violation of these federal laws is punishable by up to five years in federal prison and/or a fine. It also results in a lifetime loss of gun rights.
With regard to loans under GCA68, let's look at the applicable statutes again:
- 18 USC 922(a)(3), which provides in pertinent part (emphasis added) as follows:
- And 18 USC 922(a)(5), which provides in pertinent part (emphasis added) as follows:
- So under federal law a resident of one State may loan a gun to a resident of another State, but only temporarily and only for a lawful sporting purpose.
- Temporary means:
- Sporting means (in this context):
- Purpose means (in this context):
- So a court is likely to look at the "temporary loan for a lawful sporting purpose" exception to the prohibition on interstate transfers to apply when a gun is loaned so that the person it's been loaned to can engage in a specific sporting activity (i. e., a hunt, a competition, etc.) of limited duration. "Temporary" would refer to the duration of that activity. Such an interpretation would be consistent with the common meanings of the words used in the statutes and the underlying purpose (controlling interstate transfers of firearms) of GCA68.
- So you may go to another State where (under 18 USC 922(a)(5)), a friend may loan you a gun to, for example, go target shooting together, or an outfitter may rent you a gun for a guided hunt. But since there is no applicable "loan" exception in 18 USC 922(a)(3), a loan of a firearm may not cross state lines to the borrower's State of residence.
Is this stating that it’s unlawful for me to simply give him the gun and for him to take it to his home? Surely not.
That’d mean if I gave him a gun and he put it in his car and drove home with it, we could both go to prison.
If you are residents of different states, any transfer of a firearm must go through an FFL.He lives in Virginia. I live in Florida. He’ll be in Florida when he gets his gun from me.
Incorrect. There is no exception in federal law that would allow the OP (a resident of FL) to transfer a firearm to his son-in-law (a resident of VA) without going through an FFL. See 18 U.S.C. 922. There is one exception involving bequests under a will, but given that the OP seems very much alive, I don't think it applies.So whilst shipping firearms are a federally regulated activity, interfamilial transfers are not..... Now the ATF only regulates dealer sales through FFL transfers, interfamilial transfers are at the mercy of your state laws.....
This part is correct. The OP could ship the item to an FFL in VA and the VA FFL could then transfer it to his son-in-law.....If shipping the weapon is your only choice then you will have to ship it to an FFL dealer near him and it will go down as a dealer transfer subject to all federal and state laws. Welcome to the day and age where this is considered 'constitutional'.
Rethink that.So whilst shipping firearms are a federally regulated activity, interfamilial transfers are not.
He flies back and forth and doesn’t feel comfortable checking it in with luggage. He’s concerned it’ll disappear somewhere between here and there.
Your suspicion is incorrect. The answer is yes, if it's a rifle or shotgun. If you bought a long gun in another state (which would require going buying from, or transferring via an FFL), you can ship it to yourself. You can't legally buy a handgun in another state without going through an FFL in your state, so in that case it's a moot point.If I bought a gun in one state, could I ship it to myself in another state without involving an FFL holder? I suspect the answer is: NO!
No.If I simply move from state to another, do I need to involve an FFL holder?
Laws do not have to be logical, or Constitutional (by your or my measure) in order to be laws. It doesn't make any difference what your relationship to the person is. He could be your brother, son or your spouse. If they're a resident of a different state, the only way to legally transfer a gun without going through an FFL is by putting it in your will and then dying. Many people are not aware of this and it is violated regularly. Even people who should know better, as illustrated by the poster above, who (just guessing based on his avatar) owns a gun store, often get this particular law wrong.Is this stating that it’s unlawful for me to simply give him the gun and for him to take it to his home? Surely not.
That’d mean if I gave him a gun and he put it in his car and drove home with it, we could both go to prison.
Why would there be more risk of it disappearing in checked baggage than there would be in shipping?He flies back and forth and doesn’t feel comfortable checking it in with luggage. He’s concerned it’ll disappear somewhere between here and there.
Is this stating that it’s unlawful for me to simply give him the gun and for him to take it to his home? Surely not.
That’d mean if I gave him a gun and he put it in his car and drove home with it, we could both go to prison.
I guess the assumptions is that the package handlers at FedEx are less likely to have the opportunity. There are checks made each time the package is transferred along the way.Why would there be more risk of it disappearing in checked baggage than there would be in shipping?
I seriously doubt that people are giving guns to non same state resident family members several thousand times a day, but it doesn't really matter. The law is what it is.Well guys, this law must be violated at minimum several thousand of times per day. I certainly haven’t heard of thousands of prosecutions per day.
Up to you. Every day, lots of people fly with guns. Very seldom are any misplaced. I've checked guns a bunch of times. Never had an issue. Several times it actually got me through security faster. You still haven't said if we're talking about a handgun or long gun. If it's a handgun, that changes everything.I guess the assumptions is that the package handlers at FedEx are less likely to have the opportunity. There are checks made each time the package is transferred along the way.
I’m unaware of any prosecutions for this “crime” ... with the possible exception of gunrunners.I seriously doubt that people are giving guns to non same state resident family members several thousand times a day, but it doesn't really matter. The law is what it is.
Well guys, this law must be violated at minimum several thousand of times per day. I certainly haven’t heard of thousands of prosecutions per day.
Well, of course. Up until yesterday, you were unaware of this law, so it would've been hard to be aware of prosecutions. Again, we're just telling you what the law is. Whether or not you violate the law is up to you.I’m unaware of any prosecutions for this “crime” ... with the possible exception of gunrunners.