Hypothetical Legal Question

[Guest JMB]

Not sure where to pose this, so move if needed.

I know I cannot buy or sell a handgun across state lines without going through an FFL.

However what if no sale, or trade takes place? If a friend or relative decides to give a gun to me as a present, or just because they no longer want it, does that still need to go from FFL to FFL?

I'm not asking whether I can do it without being caught, I'm curious about how the law speaks to this.

Thanks!

[Punisher84]

Legally I believe yes.

[Garufa]

Legally must go through FFL in your scenario. The Man does not make exceptions in such matters.

[Guest JMB]

That's what I figured, but it does kinda take the fun out of opening that box on Christmas morning.

Thanks all!

[Guest milkman]

ATF Says

No person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, shall transport into or receive in the State where the person resides (or if a corporation or other business entity, where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State: Provided, That the provisions of this section:

(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,

( Shall not apply to the transportation or receipt of a rifle or shotgun obtained from a licensed manufacturer, licensed importer, licensed dealer, or licensed collector in a State other than the transferee's State of residence in an over-the-counter transaction at the licensee's premises obtained in conformity with the provisions of §478.96© and

© Shall not apply to the transportation or receipt of a firearm obtained in conformity with the provisions of §§478.30 and 478.97.

[T.D. ATF–270, 53 FR 10493, Mar. 31, 1988]

§ 478.29a Acquisition of firearms by nonresidents

If you inherit you are ok, otherwise you need to go through a dealer.

[SonnyCrockett]

I thought it depends on the state ? TN being a gun friendly state

[lowbud]

out of state transactions, a gift is a transaction, must be done through a dealer. I'm not sure the state matters. it's federal law.