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Legal transfer or not?

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    tips n tails

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    So my question over the legality of firearm transfers is this; Can a resident of MS do a private face to face transfer with a resident of FL? No

    So can that MS resident gift their firearm to their friend/relative who's a resident of your state. Once that transaction is complete can that friend/relative sell you that said firearm legally since now it's a in-state transfer?
     
    Telum Pisces

    Telum Pisces

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    "Transfer" of a firearm across state lines in order to transfer ownership is illegal. Plain and simple. Gift or not. Crossing state lines requires an FFL to make the transfer.

    http://www.atf.gov/files/firearms/industry/0501-firearms-top-10-qas.pdf

    2. May I lawfully transfer a firearm to a friend who resides in a different State?

    Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual
    who does not reside in the State where the transferee resides. Generally, for a person to lawfully
    transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a
    Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then
    receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background
    check. More information can be obtained on the ATF website at www.atf.gov and
    http://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception from this
    prohibition for temporary loans or rentals of firearms for lawful sporting purposes. Thus, for
    example, a friend visiting you may borrow a firearm from you to go hunting. Another exception is
    provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by
    intestate succession. This exception would authorize the transfer of a firearm to a nonresident who
    inherits a firearm under the will of a decedent. See 18 U.S.C. 922(a)(5).
     
    TackleberryMCS

    TackleberryMCS

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    There’s no federal law that prohibits a gift of a firearm to a relative or friend that lives in your home state. So, the answer to you question is NO. You would have to have the firearm shipped to a dealer in their state of residence and a transfer would have to be conducted (Form 4473). Once the firearm has been transferred into their name, they can sell the firearm to anyone who is legally able to purchase and possess a firearm that is a resident of their state without having to do an additional transfer. In Florida, this is allowable. If they sell to someone who is in-state and it has to be shipped, then it may have to be shipped to a dealer and another transfer has to be done. This is in the case of handguns only. Long guns can be shipped directly to an individual in-state (Florida) who is legally able to purchase and possess a firearm. In this case, shipping has to take place at a UPS hub station. UPS requires that handguns be shipped Next Day service (to a dealer only), while long guns can be shipped ground. If someone else has anything to add or correct, please do.
     
    Telum Pisces

    Telum Pisces

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    Snow Bird said:
    True but dosen't make much sense. A non res can buy a long gun out of state.
    Click to expand...

    You are buying it from a "licensed" dealer and going through a background check etc... That's the difference. You cannot buy it from an individual and bring it across state lines.

    I wish they would get rid of the whole legal rules against buying and selling across state lines for handguns and long guns from FFL or private citizen.
     
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