Transfering a rifle?

[Mousegun]

Sorry if this has been answered before but I have a friend that was given an AR15 for his birthday by relatives in Ohio. He lives in Tennessee, like myself.

Is it legal for him to pick up the gun when he goes to visit them in a few weeks and bring it back to Tennessee. Both states allow the gun.

Does he have to go the FFL routine with the background check? In Tennessee, we can sell firearms on an individual basis without the routine but I couldn't tell him if he was good to go when the gun is brought in from another state.

Thanks

 

[NavyLCDR]

Any transfer of any firearm between private parties can only occur, by Federal law (18 USC 922) between residents of the same state. If a transfer of any firearm occurs between private parties that are not same state residents, both parties commit seperate felonies against 18 USC 922. Google Title 18 Chapter 44.

 

[Chukpike]

He can go and pick it up and bring it home.
First it is a gift.
Second he has all ready verified that it is legal in the state he resides to possess (This is really all you need to know.
Third who would know. No requirement in ether state to register this rifle.
Fourth Federal law is not applicable. But the exception is there. There is no interstate transaction which would bring it under Federal jurisdiction. It was bought for his birthday, it is all ready his gun.

Title 18 Chapter 44.
(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.

 

[natman]

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

"Bequest" or "intestate succession" means that he inherited it from someone who died.

Doesn't sound like the case here.

It is the legal property of whoever filled out the 4473 in Ohio. In order for it to LEGALLY become the property of the Tennessee resident, it has to be treated as an interstate transfer and go through an FFL in Tennessee.

 

[Librarian]

Very poor advice, Chukpike.

Read 18 USC 922 (a)(3), (a)(5), (b)(3) again.

(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 ... 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, ...

(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 ... 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)(3) says if you are not licensed, it's illegal for you to bring a gun to your home state from out of state EXCEPT if you get it from an estate (as beneficiary) of a deceased person, or you are following (b)(3).

(a)(5) says if you are not licensed it's illegal for you to transfer a gun to an unlicensed person who lives in a different state EXCEPT if you distribute it from an estate of a deceased person to a designated beneficiary.

(b)(3) says it's illegal for licensed persons to transfer to an unlicensed person who lives in a different state EXCEPT for long guns, if such transfer follows the laws in BOTH the licensed seller's state and the state of residence of the buyer.

None of the exceptions apply here; the rifle is owned by the unlicensed people who bought it in Ohio. The unlicensed birthday-boy lives in Tennessee. That's an interstate transfer, and MUST go through a Tennessee FFL.

 

[Chukpike]

I stand corrected, although I think the rule you stated allows them to use an FFL in Ohio. Of course he would have to find FFL who was willing to do this, being required to know both state laws.

"(b)(3) says it's illegal for licensed persons to transfer to an unlicensed person who lives in a different state EXCEPT for long guns, if such transfer follows the laws in BOTH the licensed seller's state and the state of residence of the buyer."

Of course the Uncle all ready falsified the 4473. When he filled out 12a.

It was stated he bought the gun as a birthday gift.

I would also like to apologize to all because somehow I did not state as I normally would to read the laws of both states.

 

[Librarian]

I've read neither the laws of OH nor TN, so I can't offer anything useful about them specifically.

But in order to use 18 USC 922 (b)(3), an unlicensed buyer from one state needs to make the transfer at an FFL in a different state; in this case there was the gift-buyer in between.

I have no idea whether OH laws and TN laws can both be followed at an OH FFL, so I don't know if (b)(3) can apply in the current circumstance. If both states' laws can be satisfied, the OH gift buyer might be able to make the transfer to the unlicensed TN person at an OH FFL under (b)(3). Not the most elegant way to give a birthday present, but might be the answer here.

Outside that (b)(3) condition, an interstate transfer must go through an FFL in the unlicensed buyer's home state.

It might be the case that long guns may be transferred in OH without using an FFL, such that the birthday gift makes perfect sense among citizens of OH, and the problem of interstate transfer just did not occur to the giver.

(Digression: That actually works for the limited set of California residents related as parent/child or grandparent/grandchild - long gun transfer in-state is paperless, no FFL required. That also works in California for anyone, when the long guns are 50+ years old - no paper, no FFL required for those in-state transfers. And that last bit also means CA buyers can buy 50+ year old long guns out of state using (b)(3), because not using a CA FFL for those transfers is following CA law. Whether the out of state FFLs can sell to the CA buyer is up to the FFL's state laws.)

It might be the case that the TN person has dual residency in TN and OH; if that were so, when in one of the states where one has residency, one would follow the law in that state.

It might be the case that the TN person really isn't a TN resident, but instead maintains residency in OH and is just visiting TN; if that were so, following OH law only would be fine and interstate transfer issues would not apply. At first thought, a college student might fit that condition.