Out of state but family

[WME]

A guy at work ask me if he could legally give a handgun to his brother that lives in another state. The state just happened to be Illinois, ykes! I told him I didn't think he could do it but it was up to him. Am I correct that there is no provision for in-family transfers out of Tennessee? Would it not have to go through a FFL? Interesting question because of the relationship, I am sure it happens all of the time.

[nightrunner]

not legal but im SURE it happens alot

[Guest pws_smokeyjones]

I think it would depend specifically on Illinois state firearms laws. I know in IL you need a FOID card. I am willing to bet that to be 100% legal, it would need to be transfered via an FFL on both ends. An Illinois gun store (is there such a thing?) 'might' be able to clear it up.

[Guest bkelm18]

Well, an interstate transfer requires an FFL regardless, according to federal law. Doesn't matter the circumstances of the transfer. And since the person lives in Illinois, definitely check into state law.

[Mike.357]

I dunno about the Illinois thing, there is the FOID card to consider. I do notbelieve a person can be in that state and have a gun with them period without that card.

Anyway, Illinois aside, one can lend a gun to someone from another state. That is legal.

[Guest bkelm18]

I dunno about the Illinois thing, there is the FOID card to consider. I do notbelieve a person can be in that state and have a gun with them period without that card.

Anyway, Illinois aside, one can lend a gun to someone from another state. That is legal.

That is true, you can "loan" a gun to someone in another state.

[analog_kidd]

What about inheriting a gun? I know someone who's father in-law lived and died in another state. He and his wife went to clean out the house to sell it and came back with a shotgun.

[Mike.357]

What about inheriting a gun? I know someone who's father in-law lived and died in another state. He and his wife went to clean out the house to sell it and came back with a shotgun.

long guns can be acquired from out of state face to face

[dariks]

A guy at work ask me if he could legally give a handgun to his brother that lives in another state. The state just happened to be Illinois, ykes! I told him I didn't think he could do it but it was up to him. Am I correct that there is no provision for in-family transfers out of Tennessee? Would it not have to go through a FFL? Interesting question because of the relationship, I am sure it happens all of the time.

The short answer is No. He would need to go through a FFL to be legal.

I don't agree with the law, but that's the way it is.

If the brother in IL doesn't have a FOID card he won't be allowed to pick the gun up from the FFL, or possess any gun, or buy ammunition, or walk his dog....

[Guest dizzielizzie]

? give a gun to someone in another state legal or ? how to legally give a gun to someone in another state. There's two questions / answers here. But no one is ever going to control private transactions, so everyone needs to get over the whole "gun" thing and deal!

ah. there's nothing like the gift of firearms, but ammo is just as nice! I'll take 50 rounds over 50 roses, please!

[DaveTN]

Don’t be afraid of Illinois gun laws. Transfers are done the same way they would be done between any other states. To be legal your friend would have to transfer through an FFL.

If the brother lives in Chicago or some of the burbs; handguns are outlawed by city ordinance. He would need to check city laws. As far as I know that is not the case in any midstate or downstate areas.

Illinois registers gun owners (FOID); not guns. Much the same way Tennessee registers those that want to actually carry a gun. FOID laws would have no impact of the person sending the gun as they only apply to Illinois residents. The brother would need to show a FOID card before they even bothered to get the paperwork out.

[Guest bkelm18]

? give a gun to someone in another state legal or ? how to legally give a gun to someone in another state. There's two questions / answers here. But no one is ever going to control private transactions, so everyone needs to get over the whole "gun" thing and deal!

ah. there's nothing like the gift of firearms, but ammo is just as nice! I'll take 50 rounds over 50 roses, please!

Well, some people like to stay on the right side of the law.

[wjh2657]

I thought it was legal for a private party to sell a gun to another person without an FFL. If not, why in the h*** all this hassle about closing the "gun show loophole"? We are saying that an individual cannot transfer an individual gun to another person without an FFL yet he can sell a trunkful of handguns at a gun show without the FFL?

[56FordGuy]

I thought it was legal for a private party to sell a gun to another person without an FFL.

If both individuals are residents of the same state, the state has no laws barring such a sale (think California), and both are legally eligible to own a gun, that is correct. Likewise, I believe long guns can be sold to non-residents without going through an FFL. However, all handguns sold to a non- resident have to be transferred through an FFL.

[wjh2657]

That was my understanding. If the buyer has a TN DL then it is legal for another TN resident to sell him a handgun (or any legal gun) without an FFL .

I bought a BERSA .380 at a gun show without filling out any paperwork. The seller simply asked to see my my TN DL for residence and age. (I no longer have the gun, but I felt the sale was legal at the time.)

Edited July 31, 2009 by wjh2657

[DaveTN]

I thought it was legal for a private party to sell a gun to another person without an FFL. If not, why in the h*** all this hassle about closing the "gun show loophole"? We are saying that an individual cannot transfer an individual gun to another person without an FFL yet he can sell a trunkful of handguns at a gun show without the FFL?

Those that want to close to close the “gun show loophole†also want to stop private sales without a background check. Dealers that hold an FFL are required to do back ground checks at a gun show.

They think if they can get a ban on sales without a background check at gun shows; it will apply to all private sales.

[Mike.357]

They think if they can get a ban on sales without a background check at gun shows; it will apply to all private sales.

I can't even imagine how they would enforce something like this.

[Fallguy]

That was my understanding. If the buyer has a TN DL then it is legal for another TN resident to sell him a handgun (or any legal gun) without an FFL

Of course the title of thread says the transaction has to do with someone out of state.