Give A Revolver As A Gift To Daughter
Moderator: carlson1
Give A Revolver As A Gift To Daughter
I would like to buy a 38 special revolver and gift it to my daughter. I will be the buyer. I will provide the money. It will not be a straw purchase.
I have a Texas CHL and my daughter meets all the requirements needed to own a gun.
The problem is ....my adult daughter lives in Illinois and will drive down to visit. When she is down here I'd like to present her with the gift.
Is there any legal problems here? Transferring the gun from Texas to Illinois....she will keep it unloaded and locked in the trunk of her car.
Advice please.
I have a Texas CHL and my daughter meets all the requirements needed to own a gun.
The problem is ....my adult daughter lives in Illinois and will drive down to visit. When she is down here I'd like to present her with the gift.
Is there any legal problems here? Transferring the gun from Texas to Illinois....she will keep it unloaded and locked in the trunk of her car.
Advice please.
Re: Give A Revolver As A Gift To Daughter
Welcome to the forum.JMasor wrote:I would like to buy a 38 special revolver and gift it to my daughter. I will be the buyer. I will provide the money. It will not be a straw purchase.
I have a Texas CHL and my daughter meets all the requirements needed to own a gun.
The problem is ....my adult daughter lives in Illinois and will drive down to visit. When she is down here I'd like to present her with the gift.
Is there any legal problems here? Transferring the gun from Texas to Illinois....she will keep it unloaded and locked in the trunk of her car.
Advice please.
Unfortunately, first, since she lives out of state, you would have to transfer it through an Illinois FFL. Second, since she lives in Illinois, she must have an FOID (Firearm Owners Identification Card) to get the handgun from the FFL. It might be easier to let her try shooting some .38's at a local gun range and see what she likes, then give her the money to buy that pistol from a dealer in Illinois when she gets back home and has her FOID.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Re: Give A Revolver As A Gift To Daughter
Advice is give her the money, let her buy it in Illinois. As Keith says, you giving it to her in Texas is nogo.JMasor wrote:I would like to buy a 38 special revolver and gift it to my daughter. I will be the buyer. I will provide the money. It will not be a straw purchase.
I have a Texas CHL and my daughter meets all the requirements needed to own a gun.
The problem is ....my adult daughter lives in Illinois and will drive down to visit. When she is down here I'd like to present her with the gift.
Is there any legal problems here? Transferring the gun from Texas to Illinois....she will keep it unloaded and locked in the trunk of her car.
Advice please.
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Re: Give A Revolver As A Gift To Daughter
Yep, welcome to the forum. If practical while she is here, take her to a range that rents them so she can pick the one she likes best for her purposes. Lots of other good advice at www.corneredcat.com.
CHL Instructor since 1995
http://www.dentoncountysports.com "A Private Palace for Pistol Proficiency"
http://www.dentoncountysports.com "A Private Palace for Pistol Proficiency"
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Re: Give A Revolver As A Gift To Daughter
Solaris wrote:Advice is give her the money, let her buy it in Illinois. As Keith says, you giving it to her in Texas is nogo.JMasor wrote:I would like to buy a 38 special revolver and gift it to my daughter. I will be the buyer. I will provide the money. It will not be a straw purchase.
I have a Texas CHL and my daughter meets all the requirements needed to own a gun.
The problem is ....my adult daughter lives in Illinois and will drive down to visit. When she is down here I'd like to present her with the gift.
Is there any legal problems here? Transferring the gun from Texas to Illinois....she will keep it unloaded and locked in the trunk of her car.
Advice please.
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Re: Give A Revolver As A Gift To Daughter
Sure sounds like a straw purchase if you do it the way you've described. I don't know what would happen if, on the 4473 form, you selected that the gun was not for you or a gift. I don't know if it would be cleared for you to still make the purchase or not. However, even it is was there's still all the other stuff the others have mentioned to transfer it to you daughter.
It was for this cop and his father.
http://www.cnn.com/2014/06/16/justice/s ... -purchase/
It was for this cop and his father.
http://www.cnn.com/2014/06/16/justice/s ... -purchase/
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider
Re: Give A Revolver As A Gift To Daughter
What he proposed is the exact correct way to do it if she was a Texas resident. It is even mentioned in the instructions on the 4473.C-dub wrote:Sure sounds like a straw purchase if you do it the way you've described. I don't know what would happen if, on the 4473 form, you selected that the gun was not for you or a gift. I don't know if it would be cleared for you to still make the purchase or not. However, even it is was there's still all the other stuff the others have mentioned to transfer it to you daughter.
The case you cite was handled differently and that article is also incorrect in describing what happened.
Re: Give A Revolver As A Gift To Daughter
I think there may be confusion. I've spoken to the guys at the register at Academy and Cabela's.
1. I will purchase the revolver in Texas. I have a CHL.
2. My daughter drove down this week.....I would like to give her the revolver. She will then drive back to Illinois with the revolver in her trunk, unloaded.
3. OR......Months later, I will drive to Illinois to visit my 32 yr old clean record daughter. Revolver in trunk unloaded. I would like to give...as a gift....the revolver....to my daughter.
5. I would expect my daughter to do the right thing and do the whole FOID card thing for Illinois.
Y'all's opinion - is this legal?^^^^ I understand the whole FFL transfer thing would be the best way...but what about the situations I described?
1. Giving it to her in Texas
2. Giving it to her in Illinois.
1. I will purchase the revolver in Texas. I have a CHL.
2. My daughter drove down this week.....I would like to give her the revolver. She will then drive back to Illinois with the revolver in her trunk, unloaded.
3. OR......Months later, I will drive to Illinois to visit my 32 yr old clean record daughter. Revolver in trunk unloaded. I would like to give...as a gift....the revolver....to my daughter.
5. I would expect my daughter to do the right thing and do the whole FOID card thing for Illinois.
Y'all's opinion - is this legal?^^^^ I understand the whole FFL transfer thing would be the best way...but what about the situations I described?
1. Giving it to her in Texas
2. Giving it to her in Illinois.
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Re: Give A Revolver As A Gift To Daughter
No it's not legal. You cannot transfer firearm to a resident of another state (Federal law). She cannot obtain a firearm in Illinois without an Illinois FOID card (Illinois law).JMasor wrote:I think there may be confusion. I've spoken to the guys at the register at Academy and Cabela's.
1. I will purchase the revolver in Texas. I have a CHL.
2. Months later, I will drive to Illinois to visit my 32 yr old clean record daughter.
3. I will drive with the revolver unloaded and locked in the trunk of the car.
4. I would like to give...as a gift....the revolver....to my daughter.
5. I would expect my daughter to do the right thing and do the whole FOID card thing for Illinois.
Y'all's opinion - is this legal?^^^^ I understand the whole FFL transfer thing would be the best way...but would this still be legal?
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"
Re: Give A Revolver As A Gift To Daughter
Thank you....everyone. I now understand that I cannot do this.
I can't give her the gun in Illinois or in Texas......even though I am her father and I bought gun legally.
Appreciate all the info/advice.
I can't give her the gun in Illinois or in Texas......even though I am her father and I bought gun legally.
Appreciate all the info/advice.
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Re: Give A Revolver As A Gift To Daughter
Can he drive to Illinois with the revolver and meet her at an Illinois dealer who then completes all of the paperwork necessary for a firearm transfer in Illinois?
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Re: Give A Revolver As A Gift To Daughter
Also, unless you know the exact revolver she wants, let her pick it out. And if she does know what she wants, give her the money which will "empower" (I hate that word, but it's the right one here) her to buy her own gun.
~Tracy
Gun control is what you talk about when you don't want to talk about the truth ~ Colion Noir
Gun control is what you talk about when you don't want to talk about the truth ~ Colion Noir
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Re: Give A Revolver As A Gift To Daughter
I'm thinking a gift card for her local gun store with be the best thing.
Re: Give A Revolver As A Gift To Daughter
I'm sorry this is not the answer you were hoping for, but that's the way the law is for transfers of ownership across state lines. It is even worse in states like Illinois that require a person to have something like an FOID card, which you haven't mentioned whether or not your daughter has. So, clear record or not, if she doesn't already have one of those an FFL in IL won't be able to complete the transfer to her either. It all stinks, but that's what we have at this time.JMasor wrote:Thank you....everyone. I now understand that I cannot do this.
I can't give her the gun in Illinois or in Texas......even though I am her father and I bought gun legally.
Appreciate all the info/advice.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider