Family transfer.

[Badmusic]

If I wished to gift my 25 yr. old daughter with a firearm, and she lives in Hawaii, (Therefore an aircraft will be involved somehow) Can I just give it to her to take home?? Is an FFL required for dad to daughter transfer? Should I just wait until my next Hawaii vacation and take her shopping?

[fiddletown]

If I wished to gift my 25 yr. old daughter with a firearm, and she lives in Hawaii, (Therefore an aircraft will be involved somehow) Can I just give it to her to take home?? Is an FFL required for dad to daughter transfer? Should I just wait until my next Hawaii vacation and take her shopping?

Because she lives in another State federal law requires that the transfer be done through an FFL. There is no exception under federal law for an intrafamilial transfer. And since she is a resident of Hawaii, the firearm must be legal in Hawaii, the transfer must also comply with Hawaii law. I understand that Hawaii firearms law is quite strict, although I don't know any details. Taking her gun shopping next time you visit her might be the easiest thing.

Here is the whole federal law story on interstate transfers of firearms (not including the rules for those with Curio and Relic licenses and the subject of dual residency):

[1] Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.).

[2] In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.

[3] In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence.

[4] In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.

[5] There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.

[6] The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).

Here's what the statutes say:

18 U.S.C. 922. Unlawful acts


...

(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;

...

(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;

....

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
...

(3) any firearm to any person who the licensee 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 licensee's place of business is located, except that this paragraph

(A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and

(B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

...

[Quiet]

Because she lives in another State federal law requires that the transfer be done through an FFL. There is no exception under federal law for an intrafamilial transfer. And since she is a resident of Hawaii, the firearm must be legal in Hawaii, the transfer must also comply with Hawaii law. I understand that Hawaii firearms law is quite strict, although I don't know any details. Taking her gun shopping next time you visit her might be the easiest thing.

And to add on...
Hawaii gun laws are more strict than California.

Prior to aqcuiring (taking possession of a firearm), you are required to get a Permit to Acquire a Firearm (needs to be specific rifle, shotgun, handgun).

One Permit to Acquire per firearm. Can only have one permit at a time.

You need to get the application for a Permit to Acquire from local Police Department.

After you complete the application for the Permit to Acquire, you need to return it, in person, along with the following:
Application & fingerprint fees.
Valid photo identification.
Name, address, and telephone number of the seller.
Firearms questionnaire form.
Mental health waiver form. (a psychiatrist has to okay your request to obtain a firearm)
Medical Waiver form. (your doctor has to okay your request to obtain a firearm and allows the background investigators access to your medical records)
Original Hunters Education card or an original Handgun Safety Training Course Affidavit.
Original documentation of proof of U.S citizenship if born outside the United States. (U.S. Passport, Naturalization Certificate, Born Abroad Birth Certificate)

There is a 14 day waiting period, while they process your application and perform a background check.

Once they issue you a Permit to Acquire, it is only valid for 6 days. You can then go to a FFL and have a firearm transferred to you.
If you do not acquire a firearm within those 6 days, then you need to get another Permit to Acquire.

Within 5 days of acquiring a firearm, you need to return to your local Police Department and register the firearm.

Hawaii also restricts certain types of firearms and ammunition feeding devices.
So, the firearm you want to give can not be restricted or include any prohibited ammunition feeding devices.

[bkk6869]

Pardon the expression, but Jesus Christ. I never thought I'd say it, but maybe you should move your daughter to kommifornia so she can get some freedom back.

[Badmusic]

Pardon the expression, but ***** ******. I never thought I'd say it, but maybe you should move your daughter to kommifornia so she can get some freedom back.

Ummm, yeah, wow. I thought the PRK sucked. Anyway, thank you both VERY much for the comprehensive responses.

[JDay]

Making your text blue makes it almost impossible to read.

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