Question about transferring gun to relative

[alingo2001]

My father lives in Florida and comes up here on a regular basis. Can I buy a gun up here and then sell or give it to him? Technically, he would probably give me the money and I would buy it. Would this qualify as a straw purchase? I've told him what he's looking for he can probably get it cheaper online and transferred to his local dealer down there. Thanks in advance.

[Murgatroy]

No. That is a straw purchase and is illegal.

The only legal way to do this is to have the gun transferred in Florida. Either give him the money, or buy it, and ship it to an FFL in Florida to transfer to him.

[Mike.357]

if it is a long gun he could go with you and buy the gun himself here from a FFL and you could give him the money afterwards.

if it is a pistol you could buy it and lend it to him.

All legal.

[Guest bkelm18]

Straw purchase. Big no-no.

Edited November 29, 2011 by bkelm18

[Smith]

It all in how you word it. You worded it like a straw purchase. Now you can buy a gun for yourself and what you do with it after that is entirely up to you (providing it is legal).

[Guest BungieCord]

NOT a straw man purchase. The very instructions for filling out the ATF Form 4473 make it clear you MAY legitimately buy a gun to be given as a gift:

Question 11.a. Actual Transferee/Buyer: For purposes of this form, you are the actual transferee/buyer if you are purchasing the firearm for yourself or otherwise acquiring the firearm for yourself (e.g., redeeming the firearm from pawn/retrieving it from consignment, firearm raffle winner). You also are the actual transferee/buyer if you are legitimately purchasing the firearm as a gift.

However, the interstate transfer is a problem.

[quietguy]

Can I buy a gun up here and then sell or give it to him?

It is a matter of intent, and whether it is a long gun or handgun. If it is a gift of a long gun, then you have no issues. If you buy it with the intent to sell it to a specific individual, then it is a straw purchase. Since he is out of state, then handgun transfers have to go through the FFL process, unless you loan it to him.

NOT a straw man purchase.

The only scenario where this wouldn't be a straw purchase is if he gifts a long gun. If he, based on the information provided, accepts payment, then it is illegal.

[TMF]

My father lives in Florida and comes up here on a regular basis. Can I buy a gun up here and then sell or give it to him? Technically, he would probably give me the money and I would buy it. Would this qualify as a straw purchase? I've told him what he's looking for he can probably get it cheaper online and transferred to his local dealer down there. Thanks in advance.

Hey man, I'm in the exact same boat as you. I recently built a tricked out M-4 for my father who lives in Florida. He retires from service with FHP in 6 months so I decided to build him this rifle for a retirement gift. I'm getting the receiver engraved and painted as well. My intent is to present him with the rifle and then go to the local gunshop and do the transfer while I'm down there to make everything legal. It'll cost 10 bucks and take less than 20 minutes. In the grand scheme of things no one would ever know or think to question him on where or how he acquired it. The chance of it coming back to bite either one of us is slim to nil. However, it still feels safer to do the right thing just in case. You never know, right?

[Guest bkelm18]

NOT a straw man purchase. The very instructions for filling out the ATF Form 4473 make it clear you MAY legitimately buy a gun to be given as a gift:

Question 11.a. Actual Transferee/Buyer: For purposes of this form, you are the actual transferee/buyer if you are purchasing the firearm for yourself or otherwise acquiring the firearm for yourself (e.g., redeeming the firearm from pawn/retrieving it from consignment, firearm raffle winner). You also are the actual transferee/buyer if you are legitimately purchasing the firearm as a gift.

However, the interstate transfer is a problem.

It's not a gift if the father is the one paying for it...

[bubbadavis]

If it is a gift of a long gun, then you have no issues.

<snip>

Since he is out of state, then handgun transfers have to go through the FFL process, unless you loan it to him.

Long gun or hand gun doesn't matter. If his father is out of state, he must go through a FFL to legally transfer the firearm to him. While his dad could buy a long gun from a FFL in TN, a non-licensee to non-licensee transfer is still illegal.

[Guest bkelm18]

Long gun or hand gun doesn't matter. If his father is out of state, he must go through a FFL to legally transfer the firearm to him. While his dad could buy a long gun from a FFL in TN, a non-licensee to non-licensee transfer is still illegal.

This. The whole straw-man thing is moot really.

[laktrash]

Kinda off thread but uncle is from Tenn been here all his life, moves to fl at what point can he not give legally give weapons to relatives here in Tenn. I mean I look at it as they are Tenn guns. I'm not in the mix for this but my wife's side could be

[Guest bkelm18]

Kinda off thread but uncle is from Tenn been here all his life, moves to fl at what point can he not give legally give weapons to relatives here in Tenn. I mean I look at it as they are Tenn guns. I'm not in the mix for this but my wife's side could be

As soon as the uncle becomes a resident of a different state. Federal law states that an individual may not transfer a firearm to a resident of a different state.

http://www.atf.gov/firearms/faq/unlicensed-persons.html

Q: To whom may an unlicensed person transfer firearms under the GCA? A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

Q: What constitutes residency in a State? The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

[18 U.S.C. 921(, 922(a) (3), and 922((3), 27 CFR 478.11]

Edited November 29, 2011 by bkelm18

[Smith]

"Loan" it to your dad and be done with it.

[Oh Shoot]

It's not a gift if the father is the one paying for it...

You can't gift it period between interstate residents without FFL involved. But you can loan it. Or inherit it. Otherwise it's FFL time, one way or the other.

And watch out for where you transport that damn Chore Boy scrubber, too!

- OS

[Guest bkelm18]

You can't gift it period between interstate residents without FFL involved. But you can loan it. Or inherit it. Otherwise it's FFL time, one way or the other.

And watch out for where you transport that damn Chore Boy scrubber, too!

- OS

Oh I know. That's why I said it was a moot point anyway. I was just responding to whoever said its not a straw purchase because it was a "gift".

[JWKilgore]

As soon as the uncle becomes a resident of a different state. Federal law states that an individual may not transfer a firearm to a resident of a different state.

ATF Online - Firearms - Frequently Asked Questions - Unlicensed Persons

I'm glad I paused from submitting a new thread and decided to actually search the forums first, because this exactly answered my question. I live in TN and was planning on giving my girlfriend (Mississippi resident) a handgun for Christmas. So now I'll just "loan" it to her until she comes up here permanently. Next I've got to decide between the Walther PPS, Glock 26, or Glock 19. She has small hands, but didn't like shooting my mom's Lady Smith .32 revolver (she said it was too small).

[Mike.357]

Loaning is really the most reasonable answer to giving a gun

[Farman]

The really crappy thing is that all FFL holders have to abide by federal law, but If I'm out of state I can't buy a handgun without having to ship it back to an FFL in my home state. If I can pass background checks in one state I should be allowed to purchase and take possession in any state that allows handgun possession.

[monkeylizard]

Nah, we can't have that. That would make sense. We can't have logic getting in the way of gun laws.

[jtmaze]

Alot of these laws are in place since before the computer age. Now they are all stupid. My father in law lives in Mich and we go thru this every time one visits the other. I loaned him a gun years ago that my cousin gave me. An old family heirloom

JTM🔫

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