Is this legal?

[gunsablazin]

I understand that it is illegal to sell a handgun to a resident of a state other than the one in which you reside. Is it illegal to give one as a gift? I have a friend in Alabama that I would like to give a pistol, but I will not break the law to do so.

[Guest bkelm18]

It is not illegal to sell a handgun to a resident of another state as long as you ship it to an FFL in their state where they can pick it up.

[Smith]

I'm pretty sure that even a gift going across state lines has to go through a FFL.

[Guest I_AM_WOOD]

Sorry to hijack but how does the transfer law apply to long guns. I have offered a long gun as part of a car deal would it need to go through an FFL?

[Smith]

Sorry to hijack but how does the transfer law apply to long guns. I have offered a long gun as part of a car deal would it need to go through an FFL?

Instate - no, out of state - yes.

[Guest bkelm18]

Sorry to hijack but how does the transfer law apply to long guns. I have offered a long gun as part of a car deal would it need to go through an FFL?

Same laws apply. If buyer/recipient is a resident of a different state, the gun has to be shipped to an FFL.

[Guest nraforlife]

Same laws apply. If buyer/recipient is a resident of a different state, the gun has to be shipped to an FFL.

So if my brother in law, GA resident, and I are shooting and he wants to buy my gun, right there and then, I need to go through an FFL?

[Guest bkelm18]

So if my brother in law, GA resident, and I are shooting and he wants to buy my gun, right there and then, I need to go through an FFL?

Correct.

http://www.atf.gov/firearms/faq/faq2.htm#b1

(B1) 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]

[Mike.357]

Could the OP technically loan the gun to his brother?

If so just loan it to him forever.

[Guest jwp]

If so just loan it to him forever.

That would constitute a transfer therefore making it illegal.

[Magiccarpetrides]

Is it actually legal to loan a gun to someone out of state?

[gunsablazin]

I guessed that it was a no-no. I love my gun rights way too much to break the law. I will have the gun transfered to him through an Alabama FFL holder.

[Guest GLOCK2340]

Well, what if you lived in one state and bought a gun. Then you moved to another state and wanted to sell the gun to someone in that state. Is that legal?

[memphismason]

It is not illegal until you get caught!

Oh crap.....was that outloud.

I would give him the gun. Call it a heirloom, or say he is borrowing it.

What they don't know, won't hurt. Dangit, that was out loud too.

[Guest bkelm18]

Well, what if you lived in one state and bought a gun. Then you moved to another state and wanted to sell the gun to someone in that state. Is that legal?

Yes that would be legal because you would be selling to someone that is a resident of the same state as you. Doesn't matter where you bought the gun, yours and the buyer's state of residency is what matters.

[Guest GLOCKGUY]

Well, what if you lived in one state and bought a gun. Then you moved to another state and wanted to sell the gun to someone in that state. Is that legal?

i sure hope it legal because ive done it

[Guest Grout]

You all are aware the Federal Cybernaughts are reading this.

[Guest janwbrown616]

Don't want to think about all the times me and buddies in other states have swapped guns.....

[Guest crytes]

since peson to person sale of firearms require no documentation how is this law policed. Sounds like another stpid and unenforcable law.

[Guest bkelm18]

since peson to person sale of firearms require no documentation how is this law policed. Sounds like another stpid and unenforcable law.

How are most firearm laws policed? They aren't. It really just depends on if you are a law abiding citizen or not. I am. I'm not gonna risk it just to save 30 bucks on shipping to an FFL.