PWC
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What if a relative, non-firearm oriented / knowledgeable, brings you a firearm given to you inherrited from another out of state relative. How would you proceed?
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What if a relative, non-firearm oriented / knowledgeable, relative brings you a firearm given to you or inherrited from another out of state relative. How would you proceed?
Delete your post.
How?
I just really wouldn’t accept a gun illegally or want the unknowledgable person to get jammed up.
From a legal standpoint, you have to go through an FFL.
Ownership and possession aren’t always the same.
What is so illegal about accepting a firearm from a family member or friend? How is this any different from a private party sale? (With the exception of a UBC mandatory state)
What is so illegal about accepting a firearm from a family member or friend? How is this any different from a private party sale? (With the exception of a UBC mandatory state)
No. You don't. Your third cousin twice removed (I made that up) can you give a gun. As long as you are legally allowed to own said gun (you're not a prohibited person and the gun isn't an NFA type item) then there is no reason to go to an FFL. (With the exception of a UBC mandatory state)
Here we agree. If you're concerned the gun may be stolen then sure, go to an FFL, etc. While I wouldn't accept a gift of a gun from a stranger or a person I knew to be, shall I say, "dodgy," I wouldn't be concerned accepting a gun from someone I have known for years.
Maybe someone who can quote the US Code can chime in, I don’t have the mental energy today.
...t appears that an FFL is not necessary in cases of bequest or inheritance. Where this could become a problem is if the person transporting the firearm was not the executor...and that's a specific question for an attorney who deals with this specific area of law.
What is so illegal about accepting a firearm from a family member or friend? How is this any different from a private party sale? (With the exception of a UBC mandatory state)....
Yes. The transferor would violate 18 USC 922(a)(5)....1) Does a "transporter" from one state violate any Federal/State laws by bringing the gun into another state and then handing it over to a recipient who resides within that state?....
Yes. The transferee would violate 18 USC 922(a)(3).... 2) Does the recipient violate any Federal/State laws in accepting possession of a firearm brought into his state from another without having been transferred through a FF Licensee?....
...Very little addresses the person asking if they can deliver a gun to a recipient outside his own state, but within the recipient's (or if the recipient can accept it.)
Depends on what State's we are talking about. In some states you can legally give or sell a fire arm without going through a FFL. Some states you have to make the sale or transfer through a FFL.
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 --
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(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;
...
Agreed. This has been very educational.That's the most comprehensive answer to any firearm transfer that I have seen on ANY ginboard. I am bookmarking this and all the references for any future discussions.
Frank always hooks us up.
He is under appreciated here, IMO.
I've seen the criticism many times and could never figure it out.Not only is he under appreciated, he is far too often criticized.
Well, he damn well better. A serious discussion requires legal citations. Frank can't just come here on the Legal board and give his unsubstantiated blather, or Frank will grab him by the lapels and give Frank the bum's rush. And probably a good kick in Frank's rear-end to boot....he spends a lot of time to find and post the legal interpretation...