Shotgun as Christmas present

[guntalk]

Not sure where to post this, but here goes:

My not yet 18 son has a Grandfather in SC. He has mentioned giving my son a shotgun this upcoming Christmas while we are in SC for the holidays.

My question is: to bring the shotgun back to TN, does it have to be legally transferred through an FFL or some other BS like that?

[Guest bkelm18]

Yes, it will have to be transferred through an FFL. However him being under 18, he cannot have a long gun transferred to him from a dealer.

Edited February 21, 2012 by bkelm18

[Mike.357]

It would need to be transferred, though i doubt anything would ever come of it without doing so. Grandpa could just loan it to him "wink wink" 100% legal.

And like BK said, he needs to be 18. Dad could loan it to you.

Edited February 21, 2012 by Mike.357

[Guest bkelm18]

It would need to be transferred, though i doubt anything would ever come of it without doing so. Grandpa could just loan it to him "wink wink" 100% legal.

True, a firearm can be loaned out of state without needing an FFL.

[Mike.357]

And it is near unbelievable that a man and can't just gift a gun to his grandson.

sounds pretty much un-American.

[Guest bkelm18]

And it is near unbelievable that a man and can't just gift a gun to his grandson.

sounds pretty much un-American.

I dunno, my whole family is hardcore liberal. I wouldn't know anything about that.

[guntalk]

Thanks for the quick replies guys.

So is the transfer through an FFL dealer a federal requirement (hence Federal Firearms License) or TN requirement?

I agree, it is patently absurd, offensive and unbelievable that we have to go through this BS paperwork for a Grandfather to gift one of his shotguns to a grandson.

[Guest bkelm18]

Thanks for the quick replies guys.

So is the transfer through an FFL dealer a federal requirement (hence Federal Firearms License) or TN requirement?

I agree, it is patently absurd, offensive and unbelievable that we have to go through this BS paperwork for a Grandfather to gift one of his shotguns to a grandson.

It's a federal requirement. Anytime a firearm is transferred between individuals who are not residents of the same state, it must be transferred through an FFL.

[Turf]

Are we sure about this? I mean, most laws do have a somewhat reasonable "grandfather clause."

Seriously though, I know I should know it by now but I keep getting surprised about the unamerican ridiculous laws I keep discovering. Coming back from a mission trip to Honduras we went through a Texas airport, there was some question about the legality of the souvenir knives some of our members had bought. I looked up Texas law on my phone and among some of the other ludicrous restrictions, spears, swords, and even a bowie knife...a bowie knife were listed as illegal weapons. If todays laws were on the books back in the day, we wouldn't be saying "Remember the Alamo!" because all the defenders would be in prison.

[Erik88]

I'm pretty sure OhShoot told me there was some kind of exception if you inherit the gun from a family member...

Paging OhShoot!!!

[Oh Shoot]

I'm pretty sure OhShoot told me there was some kind of exception if you inherit the gun from a family member...

Paging OhShoot!!!

Yep, you may inherit guns from beyond state lines without going through FFL, as long as it is legal for you to own the weapon. Federal law. Doesn't have to be a relative, can be from anyone's will.

The not so minor drawback is that the benefactor has to be, you know, dead.

- OS

Edited February 22, 2012 by OhShoot

[10-Ring]

So say the OP loads up the shotgun, brings it back to TN and doesn't do a transfer, who would ever be the wiser. Even if he did happen to get pulled over on the way home with it and it happened to come up, dad just says "That's my shotgun, brought it with me to do some shooting with my father."

[Guest bkelm18]

So say the OP loads up the shotgun, brings it back to TN and doesn't do a transfer, who would ever be the wiser. Even if he did happen to get pulled over on the way home with it and it happened to come up, dad just says "That's my shotgun, brought it with me to do some shooting with my father."

Say it gets stolen and the police trace it. They'll find out it crossed state lines without an FFL. Not saying what anybody should do, just pointing out legalities.

[bvarnell]

So say the OP loads up the shotgun, brings it back to TN and doesn't do a transfer, who would ever be the wiser. Even if he did happen to get pulled over on the way home with it and it happened to come up, dad just says "That's my shotgun, brought it with me to do some shooting with my father."

I like the way you think.

[Lumber_Jack]

Say it gets stolen and the police trace it. They'll find out it crossed state lines without an FFL. Not saying what anybody should do, just pointing out legalities.

your assuming a lot here. The gun would have to have been bought new in SC by the grandfather. they have no way of knowing at what point it was sold across state lines. maybe he bought it in SC and then moved to TN. I would just take the gun and go home and be quite.

[Guest REDDOG79]

How does this work when you move from state to state? I worked construction before settling in TN. I lived in PA, SC, NC, AR, and ME. When I moved from state to state I brought all my guns with me. Some were private sale and others were bought retail. How would anyone know what state I bought what gun in. There is no federal requirement to FFL transfer between each state when I move so how would they know if I acquired it in a state other than my residential state? These laws are ridiculous. though I have to admit I didn't pay a whole lot of attention to the gun laws of each state when I moved there. I just knew to decline jobs in anti gun states like NY, MA, CT, NJ CA etc.

[Guest bkelm18]

your assuming a lot here. The gun would have to have been bought new in SC by the grandfather. they have no way of knowing at what point it was sold across state lines. maybe he bought it in SC and then moved to TN. I would just take the gun and go home and be quite.

I wasn't assuming anything. I was just pointing out a scenario which could cause trouble if it was found out that the guns were transferred to another state without an FFL. Like I said, I'm not telling anyone what to do, I'm just pointing out the legalities.

[Caster]

Just borrow it and don't give it back. Simple. I never condone breaking the law in anyway, but come on. Carry it home and on the sad day that his grandpa passes away, consider it inherited.

[Oh Shoot]

How does this work when you move from state to state? ...These laws are ridiculous. ...

Moving with previously owned guns is a different matter, you are not transferring ownership. Unless you move to a state where guns must be registered in some manner, there's nothing that needs to be done. Thread is not about what you can get away with, merely what the laws are regarding transfer between residents of different states.

Just borrow it and don't give it back. Simple. ...

Best advice. And legal. Make it clear to the person loaning it that that's the situation in the uber unlikely case it were ever questioned.

- OS