Transfer question

[Ed Zachary]

So I live in NC and have a handgun that I want to give a relative in TN.

I know I can't just give it to him, being an interstate change of ownership and all. So, can I just walk into a gun shop in Tennessee with ID and handgun in hand and relative in tow and transfer the handgun through the FFL holder there?

[Guest 6.8 AR]

Someone on here will eventually tell you to loan him the gun. If you give him the gun you have to transfer

it through an FFL, since you are in another state. I'm not sure I understand why but I think it is just money

spent on nothing. When you two visit each other just loan him the gun and be done with it. Well, unless

he is a criminal:D

Private property, just because it is a gun, doesn't really make it any different from that antique four poster

bed my cousin got, who happens to be in NC also, from my mother before she died. Neither are really interstate commerce. And the bed is probably infinitely more valuable than the gun.

Now a machine gun would be another matter altogether.

Edited March 8, 2011 by 6.8 AR

[bubbadavis]

As long as the FFL will accept it from you, yes. A non-licensee can transfer a firearm to a licensee in any state. The FFL can then legally transfer the firearm to your relative. I would suggest calling the FFL to make sure they are OK with you physically bringing them the firearm.

[Guest bkelm18]

Private property, just because it is a gun, doesn't really make it any different from that antique four poster

bed my cousin got, who happens to be in NC also, from my mother before she died. Neither are really interstate commerce. And the bed is probably infinitely more valuable than the gun.

Not so much. Yes, because it is a gun, it is different than your bed. Federal law dictates that it go through an FFL for a legal interstate transfer.

[Guest pfries]

Call some shops ahead of time I don't know where your relative lives but out by me in the tri-cities area there are three shops that I know of that would handle the transfer (if it is in decent shape) for $20 or so and a few more I am not so familiar with yet that would probably do the same. The 20 to make it a legal transfer in my book is money well spent.

[Guest friesepferd]

Your assumption appears correct. Call a gun shop before hand, but if they are a FFL, they should be able to do the transaction for you. I'm sure they will charge you some $50 or something, but thats not too bad.

[Ed Zachary]

A couple of people have suggested loaning them before. I had considered that, but the interstate aspect of it bothers me.

Thanks for the replies.

[Guest bkelm18]

Yes there's always the "loan" loophole, however, if that gun were to be stolen and/or used in a crime and the authorities trace it, they're going to have some questions for you. Always best to play it safe no matter how ridiculous the rules are.

[Guest That Guy]

Ideally, ship it from your FFL (in NC) to his FFL (in TN). You could make a copy of you NC DL and include that with the firearm being sent to an FFL holder in TN if the company you choose to ship it through will do it. I've had experience with UPS and FedEx. However, that can get expensive as it must go overnight for handguns. So, yes you can just walk in to an FFL in TN and relinquish your firearm to them with the condition they release it to your relative (pending a background check).

Edited March 10, 2011 by That Guy
error

[Guest Oaklands]

It's a shame the laws are like they are for family to family. Ridiculous really.

[Ed Zachary]

You may not see a problem. TN may not see a problem.

If we both lived in the same state there would be no problem, legally.

But since we live in different states, the Feds would see a problem. And neither of us wants to jeopardize our carry permits.

[LeadWaster]

Think of the worst case scenario... the gun is stolen from your home and used in a crime, or maybe worse, you have to use it to defend your home/family. It sure would look better in the police report/court if you went thru an FFL. Call your dealer before going. Some will only accept a handgun if shipped to them from another FFL. I found one to do an out of state transfer for me where both parties could walk in and do the transfer. Cost me $30 including the background check. Some cost more, some less. Money well spent.

[Guest 6.8 AR]

So, what exactly would make it look better in a court, if you loaned him the gun? What exactly is

illegal about that. Are you breaking a law? No! If you wish to have a background check done on your

relative to make sure he is legitimate, I wonder about the relationship, in the first place. Anyone that

has done a FTF transaction with another in this state is subject to the same scrutiny that was mentioned

above if a gun was stolen and used in a crime, after the fact. I'm not trying to be argumentative, and

I don't have a dog in this race, so I don't really care, but don't tell me I couldn't do exactly what I said.

It isn't getting away with anything. It may save some money, too.

Some are beginning to describe that country where you will eventually need papers to cross into another state,

and, unfortunately wish to accept the fate of the slow tyranny by submitting where none may be necessary.

There's a problem with any law that would cause you to register a transaction with the Federal government

between family members. I will simply choose to "loan" the equipment, in lieu of paying another tax. You do

what you need to.

Laws like that need to be changed or deleted.

[Oh Shoot]

...Laws like that need to be changed or deleted.

Hear! Hear!

I'd just loan him the gun, too.

- OS

[Guest 6.8 AR]

I thought you would agree:D

[Ed Zachary]

If you wish to have a background check done on your

relative to make sure he is legitimate, I wonder about the relationship, in the first place.

...

don't tell me I couldn't do exactly what I said.

It isn't getting away with anything.

...

Some are beginning to describe that country where you will eventually need papers to cross into another state,

and, unfortunately wish to accept the fate of the slow tyranny by submitting where none may be necessary.

Attributing a lot of things to me that I never said, there.

And, thanks for painting me with that extra broad sheeple brush, bro.

[LeadWaster]

6.8 Ar, with all due respect, I'm not trying to tell you what to do. All I can say is how I would handle it. Nothing more, nothing less. I totally agree there is a lot to be desired with the way the laws are written. It's one country, so why do we even have to handle interstate handgun sales the way we do? I don't know. But, I can certainly see a situation where a "loaned" gun is stolen or used to defend yourself/family could wind up in court with some prosecuting attorney (or hired attorney in a civil case) twisting a "loan" into an illegal transfer, which is a felony. If you are convicted of a felony, then all of your rights to own handguns are seriously in jeopardy. For me, it's just not worth the risk for a few dollars. Would a "loan" ever be "found out"? Probably not. I'm not an attorney... don't want to be either... nor do I want one grilling me in court!

[Mike.357]

just loan the guy the gun. The what if scenarios here mean squat. Why give uncle sugar any part of the action?

it is plainly legal to do so.