Gift from Mom and Flying

[rthib]

I am visiting my family down in TX.
I have a permit in MN (but TX does not recognize.)
My mom is giving me her old handgun.
Will I have any issues taking it from her house to airport, cheching it so I can take it home to MN.

I think I have all the info from the flying threads (TSA info), just want to make sure I won't have any other issues.

Has anyone ever done this, picked up a gun from family member in one state to take home.

 

[CWL]

You don't need to demonstrate ownership to travel with a firearm.

Follow TSA procedure and you should be fine.

 

[WNC Seabee]

Check the laws in MN

If you just go pick up the handgun and take it home to MN, you're likely breaking the law.

You'll want to double check but I'm sure you need to have the handgun shipped to an FFL dealer in MN to effect the transfer. Then, you go to the dealer when you get home, pass the background check and take it home. Likely cost ~$30 for the FFL dealer's to do the paperwork.

 

[RonE]

It needs to be locked in a hard case. Check it and have it checked then put the locked case into your checked luggage, not carryon.

Simple as that for Southwest last time I traveled.

Check with your airline on the phone and see if they have any company specific requirements.

 

[JackBurtonJr]

When my daughter came home from another state and took one of my guns back with her I just wrote up a "gift receipt" showing that I had given her actually ownership of the gun before she moved out of state.

Perhaps you can do the same.

 

[hso]

Welcome to THR.

This is really a legal question and best answered in the Legal forum. I'll move it there for the "experts" to answer.

Be sure to check the airline's procedure as well as TSA's since they can be more restrictive than TSA. If there's no ammunition, a locked hard case should be all you need to satisfy the airline.

If the gun is cased in a locked hard case you shouldn't be in violation of any carry law in TX, especially if it's packed in your check baggage.

 

[NavyLCDR]

If you and your mom are residents of different states, it is indeed a felony for her to give you the handgun, without an FFL in your state transferring it to you. It's in 18 USC 922 (also known as Title 18 Chapter 44). There are at least two felonies being committed, one by her and a seperate felony by you. Is it really worth it?

You can look it up here:
http://www.access.gpo.gov/uscode/title18/parti_chapter44_.html

The only exception is if someone dies and your are getting the gun as an heir to the estate.

 

[NavyLCDR]

Your felony:
Sec. 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;

 

[NavyLCDR]

Mom's felony:
(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;

 

[WC145]

I can't see why it would be an issue. My father has done it, picked up a pistol from my Uncle in Florida and brought it home.

TSA doesn't question ownership nor do they record or check serial numbers, etc. They just expect you to declare it and have it in a locked box in your checked luggage.

There is no NICS check required for transferring ownership of a gun, except when purchasing from an FFL holder.

It's your gun, pick it up from your Mom's and take it home.

If you're really worried about it have it shipped from an FFL holder in Texas to one in MN. They can send it priority mail with insurance for under $20 or over night by UPS or FEDEX for about 3X as much.

 

[NavyLCDR]

I can't see why it would be an issue. My father has done it, picked up a pistol from my Uncle in Florida and brought it home.

Just because others have done it, does not mean that it is legal.

What if: The airline loses the gun. Our OP files a claim against the airline. The airline asks is it your gun, how did you obtain the gun? OP says my mom gave it to me. Somehow big brother gets involved and now the whole situation gets ugly, because, in fact, two felonies have been committed.

Chances of anything happening to bring the situation before the eyes of the Fed's? Probably infinitismly small. But the OP should be aware of the laws he is going to breaking, and causing someone else to break, in order to make an informed decision.

 

[Kharn]

Ship the gun to your local FFL, do the 4473 when you get home. Its the only way to be legal, unless the gun's a C&R and you have a C&R FFL.

Kharn

 

[brickeyee]

It is a violation of federal law to transfer a firearm between residents of different states without using an FFL.

For long guns you can use an FFL in either the sellers or buyers state as long as the laws of both states are followed.
For handguns the FFL MUST be in the buyers state.

It does not matter if the gun is a gift.
The handgun must go through an FFL in the NEW OWNERS state.


http://www.atf.gov/firearms/faq/faq2.htm#b1

(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

(B3) 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? [Back]

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)]

 

[Quiet]

There is no federal gift exemption.

Firearm needs to be transfered through a FFL dealer in the reciever's state.

Only exemption to this is if the person giving the firearm is dead. A firearm being willed can be picked up and transported across state lines without the use of a FFL dealer.