teumessian_fox
New member
How would that work? I ship it to a FFL and then he treats it like any other purchase/transfer? 10 day wait and all?
Actually, applicable federal law covers any transfer of possession.smoakingun said:Thumbing through the atf rule book, the issue of shipping arms across state lines is addressed only as a retail sale issue that requires an ffl, the issue of gifting from one individual to another is not mentioned needing an ffl....
...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: From whom may an unlicensed person acquire a firearm under the GCA?
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]...
18 U.S.C. 922. Unlawful acts
(a) It shall be unlawful—
...
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;
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(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;...
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence
I'm sorry, but no, that is not correct.smoakingun said:...bequest is defined as "the act of bequeathing"
bequeath is defined as "1) to leave (property) to another by last will and testament. 2) to hand down, to pass on
for a family member to pass on possesion of a firearm to another family member, regardless of state lines, is a legal act so long as possesion of the firearm is legal in the reciepients state...
No doubt you do. But the simple fact is that you are not a lawyer.smoakingun said:I fail to see how the text of the law negates the full meaning of the word bequest....
No, you do the OP a disservice by suggesting your novel and unlearned interpretation of the law.smoakingun said:...I am not making this arguement because I feel like I have to win an arguement. I just feel that our government does enought to regulate us, and when we begin narrowing definitions of words to further add to our restrictions, we do ourselves a disservice ...
A loan would not work.mikejonestkd said:Is there any reason that he can not just loan it to his son, as long as it is legal in the state that the son lives in? Shipping it would be an issue, but could he hand deliver it to his son as a loaner?
Actually, Congress probably did.smoakingun said:...In order to fully understand context you have to examine fully the time period in which the text was written, and in 1968 I have doubts that the writers intended to place limits on relatives in one state recieving firearms from another...