Flying to TX to see my son, can I give him a pistol?

[Nando Aqui]

Hello folks, it's been a while since I visited THR (too much work!) but I am back...

I have already checked the TSA and specific airline regulations, and I can meet them OK. As a matter of fact, I flew from Missouri to Texas recently to shoot in a match, and then brought the guns back with me.

I will be flying again to Texas in the near future, to visit my son (US Army) and want to take a pistol and give it to him as a gift. I was going to 'will' it to him, but why wait until I am dead and not share his joy of receiving the pistol as a gift?

Once I arrive in Texas with the pistol, how can I legally 'gift' it to him?

Thanks!

Nando

 

[Outlaws]

So he is stationed there? He still technically lives in your state? In that case he would have dual residency and you just hand him the pistol. of course you gave it to him while you were both in your state right? Right?

 

[Fly320s]

Hmmm...

I think that it will need to be transfered through an FFL because you are residents in different states.

Here is the link to the ATF's frequently asked questions list:
http://www.atf.treas.gov/firearms/faq/

edit:

Like Outlaws said, if your son is stationed in Tx but also has residency in MO, then you can legally hand him the gun right then and there.

 

[MASTEROFMALICE]

Yes, as long as you "gift" it through an FFL.

technically, any firearm that crosses state lines has to be transferred with paperwork.

Having said that. Let us say you were to move to TX for a few months. If you lived in Texas you'd be able to sell the guy to your son without a transfer, since the firearms entered the state with you when you moved and were now "Texas" firearms.

Honestly, I don't know how long you have to live in a state before you're considered a resident of that state. I do know if you live in Virginia for more than 30 days you're required to get a driver's license from this state.

 

[brickeyee]

"I do know if you live in Virginia for more than 30 days you're required to get a driver's license from this state."

Except active duty military...

 

[MASTEROFMALICE]

Correct, military is exempt.

 

[Drizzt]

Unless you gave him the gun a while back, and have merely been holding it for him, then you are simply bringing him something that already belonged to him.

 

[Battlespace]

Be careful taking a handgun onto a military reservation. They are a little touchy about them.

 

[Nando Aqui]

Thanks for you replies and comments.
You brought up good points, so allow me to clarify several.

[Outlaws]
My son is stationed in Texas, but owns his home off base where he lives with his family. He has been a resident of Texas for several years.

[Fly320's, MaterOfMalice]
If I interpret those guideliines correctly, it appears that all we would need is an FFL in Texas to do the transfer. The issue, of course, is whether it is OK for me to take it there.

[Drizzt]
Now that is very interesting, because I promised him the gun years ago. We have not transferred it, and I don't even remember what sort of paper trail the gun has. For what is worth, it is a Browning HiPower 9mm that I bought (new) around 1966 from a sporting goods store in Indiana, where we lived at the time. I don't remember what all was required back then, but I know that I walked in the store, bought the pistol for $106, and took it home the same day. BTW, it is in as-new condition, it has never jammed, and it is very accurate.

[Battespace]
Yeah, we know; fortunately we do not have to go there.

The question now becomes:
Once I am in Texas with the pistol, could both of us go to an FFL so he (the FFL) can do the transfer?


Thanks!

Nando

 

[Slugless]

Best call one up.

Have your son call a couple convenient gun shops & see if they'll do it & for how much.

 

[Outlaws]

I promised him the gun years ago
For what is worth, it is a Browning HiPower 9mm that I bought (new) around 1966 from a sporting goods store in Indiana, where we lived at the time. I don't remember what all was required back then, but I know that I walked in the store, bought the pistol for $106, and took it home the same day. BTW, it is in as-new condition, it has never jammed, and it is very accurate.

Oh, that is definitely already his then. I wouldn't be messing around with an FFL at this point. I thought you just bought this thing recently. Just give it to him. You can take it into Texas without breaking any laws and you are just giving him some of his property. Even if he took possession of it years ago there wouldn't have been any paperwork to bring it into Texas. If you drive, I can't see any states on the way that will have a problem with you having a pistol in transit to Texas, and airports don't care either, just research how to store it in your checked baggage.

If it was a state where you have to register your guns before entering, then this would be a different story. You are both from free states. Anyone who questions a father/son transaction should be shot dead where they stand.

 

[skinewmexico]

That's right, no one can prove it's not his now. And you can loan family members weapons anyway. I'm kind of amazed people are volunteering to register a family weapon, it's sure not required by Texas.

 

[RevolvingCylinder]

Just give him the pistol. Don't let an FFL or anyone else con you out of money. The ATF(or anyone else) is not "all out to get you" because you're giving your Active Duty Soldier son a pistol he can legally possess in Texas as some would like you to believe.

 

[Autolycus]

I would take it to an FFL and do it in the safest manner.

 

[Nando Aqui]

We are getting close now, and it does appear that transporting the pistol as I will do and then having an FFL do the transfer would be perfectly fine. I could even ship it myself to an FFL and it would be legal:
--------------------------
ATF FAQ's:

(B8) May a nonlicensee ship a firearm by common or contract carrier? [Back]
A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.
---------------------------

As some of you recommended, what I will do is just take the pistol, give it to him, and then we can both decide what to do. We could even consult some of his FFL holding friends, who are not out to make a buck, offer their advise.

Thanks!

Nando

 

[Art Eatman]

Somebody's gonna have to look long, hard and deep to find any law of the State of Texas that indicates any interest whatsoever. You own the gun? Your son is not a criminal? You want to give it to him? Do it.

Fed law? Dunno, in this particular instance. Certainly any gunstore can do the 4473 stuff, and since he's in the service they might do it as a favor.

I don't know about his military restrictions; he needs to check with the Base Commander's office before this transfer is made.

Art

 

[Nando Aqui]

Hello Art - Nice to hear from you!

In regards to the military restrictions - that is not a problem. Last year, after he got back from Iraq from his third tour*, I asked his son what he thought his dad would like to have for his BD, and I said "a really good present for his service", and he said that his dad really liked the new SA DS45s. So I bought one here and shipped it to an FFL in Texas. But it turned out to be a very expensive proposition because of the shipping and transfer costs. Since I am flying this time, I thought about just taking this pistol with me, and now you know the rest of the story...

*We - his wife, kids, my wife (his mom) and I - thought that he would be done with Iraq and not have to go back there - hence the special present. We were wrong, and he will be going back for the fourth time, early in 2008, for 15 months to boot! He is a UH-60 pilot with almost 20 years service; eight in the USMC (1991 Gulf War), and almost 12 in the US Army (Bosnia, Iraq Part II).

Nando

 

[Jake in TX]

I have to agree with Art Eatman. This would be a face to face "transfer," and a gift at that. Just give it to him, and if you feel you must, write out something resembling a bill of sale.

Jake in TX

 

[brickeyee]

Creating a paper trail would NOT be a good idea...

 

[Outlaws]

Creating a paper trail would NOT be a good idea...

I second that. If you really want a paper trail, then go to an FFL. Any paper trail other than one that says ownership changed prior to moving to TX could be used against you in a court of law.