FTF transaction question.

[Knight_Who_Says_Ni]

So I was at the local FFL today, and he told a guy that he could transfer guns out of state as long as it was with a blood family member and it was a long gun. Last time I recall, you couldn't do that. I know the guy the FFL was talking too, and wouldnt want him to get in trouble. So is this legal? Quotes of the law would be nice! I looked everywhere, but couldn't find this.

[Quiet]

Gun Control Act of 1968

Federal laws prohibits the transfer of firearms between non-licensed residents of different states, unless the transfer is done through a FFL dealer in the recipiant's state of residence.

There is no intra-familial gift exemption to the Federal laws.

The person giving the firearm across state lines would violate 18 USC 922(a)(5) and the person recieving the firearm would violate 18 USC 922(a)(3).

There is an "inheritance" exemption to the Federal laws, but it requires that the giver be dead. [18 USC 922(a)(5)(A)]


18 USC 922
(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
(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

[Cokebottle]

Yup.

This is a not-uncommon bit of anti-FUD (anti-FUD = Gun shop employee suggesting an illegal act).

I inquired about transferring in my dad's rifles from Texas.
The lady told me that it would be the normal $125 transfer fee plus DROS for each rifle, but said that "a better way to do it" is to just go get them or the next time my parents come to visit, bring them with them, then it's only $19.

Totally illegal, but likely impossible to prosecute since:
Long guns don't need the $19 transfer.
Parents lived in CA until around 2005, and I've been old enough to receive a long gun for a very, very long time.
The guns had never been documented to have been exported to Texas.
The guns are so old that they aren't in any Government system anywhere. 3 of the 6 are most likely C&R, but the newest 3 were purchased from Sears before the 1968 gun control act.

One was an old hex receiver/hex barrel. It was missing some parts and not operable. My brother has it hanging on the wall over his desk.