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  • charlestheignorant
    Member
    • Sep 2015
    • 104

    Gifting a gun

  • #2
    M1NM
    Calguns Addict
    • Oct 2011
    • 7966

    Federal law kicks in on interstate transfers. Has to go to ffl who will transfer it.

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    • #3
      charlestheignorant
      Member
      • Sep 2015
      • 104

      Thanks!

      Comment

      • #4
        Quiet
        retired Goon
        • Mar 2007
        • 30242

        Gun Control Act of 1968

        Originally posted by charlestheignorant
        Hey guys I have a question for you about giving a gun away. I live in AZ so I can just give a gun to anyone but I have a good friend from Texas who wants a gun I have. I plan on just giving it to her, no money will change hands. Can I mail it to her or would I need to send it to a FFL in Texas?
        For the last 50 years, Federal laws have prohibited the transfer of firearms between residents of different States unless a FFL is utilized. [18 USC 922(a)(3)&(5)]

        There is no gift exemption to the Federal laws.

        Failure to utilize a FFL equates to a Federal felony for everyone involved with the transfer. [18 USC 924(a)(1)(D)]

        Therefore...

        In order to comply with Federal laws:
        1. You (AZ resident) ship the firearm to a TX FFL dealer.
        2. The TX FFL dealer then transfers (4473/NICS) the firearm to your friend (TX resident).
        sigpic

        "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

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        • #5
          Chewy65
          Calguns Addict
          • Dec 2013
          • 5042

          You said "mail". You cannot use PSPS (typo should have read USPS) to send a handgun but may for a long gun. Use FedEx, IPC (UPC, so I had secretaries), or shipmygun. The latter is supposed to be less expensive.
          Last edited by Chewy65; 01-29-2018, 2:34 PM.

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          • #6
            Librarian
            Admin and Poltergeist
            CGN Contributor - Lifetime
            • Oct 2005
            • 44652

            ... And, if the gun is a long gun, you probably can use an AZ FFL if she comes to visit. You'd have to check AZ and TX laws to see if that works, but if it does, OK with the Feds, too.

            Handguns, however, need top go through an FFL in the receiver's state of residence.
            ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

            Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

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