Question about transferring a gun

[Guest A40DayFlud]

My apologies if this is in the wrong section. Back when I lived in Michigan, my dad bought my brother and I each a handgun for a birthday gift. For whatever reason, I never was able to make it to the police department up there to transfer the gun to my name. Since then, I have moved to TN and he still has it and I still want it.

(1) Is there a way for the gun to be transfered even though I now live in TN?

(2) If the answer is yes to the first question, what is the process to do the transfer?

Thanks!

[Parrothead]

if your both TN residents i don't see the need to "transfer" a weapon. I think it gets complicated over state lines but it should be as simple has him handing it to you in the state of TN. Ohshoot or fallguy will help you out with particular laws to support or disprove my thoughts

[Oh Shoot]

OP, if your dad is still a MI resident, then the only legal way for you to receive the gun in TN and have an initial record of it into your name is to have it transferred to you via a TN dealer with a Federal Firearms License (FFL). He can ship it to a dealer here, or he could physically bring it down and you both go to a dealer. There are dealers who will do it for $20 plus $10 for the federal 4473 background check.

Or, he can simply legally loan you the gun with no paperwork at all. There is no time limit specified for the loan. As long as he doesn't care that the gun would still be traceable to him in MI if you lost it during a gas station stickup, this is how I would go.

Incidentally, one can inherit guns over state lines with no paperwork needed, just something to keep in mind down the road, hopefully far down it.

All of these are per federal law. TN doesn't have any "registration" stipulations, and transactions between TN residents need no paperwork at all.

- OS

Edited March 21, 2011 by OhShoot

[Guest That Guy]

I would have him ship it to a TN FFL (your local gun shop). Once it arrives you go to them, do a background check, and they transfer it to you. This could run $20 - $40 plus the $10 background check. It offers the most protection of all involved. If it were me, that is how I would proceed. However, there is no state registration in TN.

[vontar]

OP, in case you want to see the law on inheriting guns. OS found it for me a while back.

OS is a sharp one around here.

http://www.tngunowners.com/forums/2nd-amendment-issues/42520-hypothetical-question-about-family-gun-transfers-state-lines-event.html

[Dolomite_supafly]

If it is YOUR gun that is in Michigan then the next time you visit pick it up and bring it back to Tennessee. Or if your father comes to visit have him bring YOUR firearm to you. After all it is YOUR firearm.

If neither one of those things are an option then you are going to have to transfer it through a FFL. The process is simple unless the FFL wants to make it complicated. Basically your father ships the firearm to the FFL here in TN. You go to the FFL and spend 10 minutes doing paperwork. Pay your transfer fees. Wait another 5 minutes for approval. Then walk out with your pistol.

The paperwork is less complicated than most job applications.

Dolomite

[DaveTN]

Is it your gun?

Michigan has gun registration. So the question as I see it is what Michigan law requires for a gun that is registered in your Dads name (if that is the case). He needs to check with the local PD where he registered the gun.

This isn’t a Tennessee law or even a Federal law question (as I see it); it's a Michigan law question.

Edited March 21, 2011 by DaveTN

[Fallguy]

I think DaveTN is on the right track.

There is no gun registration in TN....

So if the main concern is getting out of your father's name in MI...that is probably where you need to check.

[Oh Shoot]

There seems to be no procedure for "un-registering" a handgun in MI, except that sale, gift, inheritance to another MI resident would require a handgun permit on the receiver's part.

MSP - Purchasing and Registering a Pistol in Michigan

Michigan Legislature - Section 28.422

However, I did find this FAQ from Michigan State Police, who would "like" you to notify them:

"9. I am giving my registered pistols to my son who lives in another state. How do I get the pistols out of my name?

There are no provisions in the statute; however, send a letter to the Michigan State Police, Firearms Records Unit, P.O. Box 30634, Lansing, Michigan 48909-0634, advising of the transaction. The letter must include a description of the pistols, your son's name and address, and the date of transaction in order for the Firearms Records Unit to update their records. Your son must comply with the weapons laws of his own state. There are federal restrictions regarding transfer of ownership across state lines. "

http://www.michigan.gov/msp/0,1607,7-123-1586_27094-10953--,00.html#Pistol_Registration__Purchase____Transfer

So I myself would do what I originally said, which is have dad loan the gun. This is legal under both TN and federal law. He can send a letter as above if it makes him feel better.

You both can go through the hassle/expense of transferring the gun through a TN FFL also, of course.

- OS