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"Gifting" a firearm across state lines
Posted: Sat Oct 25, 2008 11:51 am
by ct214
My boss is in FL. He has a revolver that he just wants to get rid of (that's all he knows about the gun...that it's a revolver). The next time I fly to Florida, I am planning on just bringing it back with me. FL and TX both allow private transfers, and neither require registration of hanguns.
So far as I can tell from reading TX and FL law, there is no problem with him handing me the gun as a gift, and me bringing it home (assuming I do it in compliance with TSA's rules) , and no need to involve an FFL. But I figured I'd run it by you guys and see if any of you had any input. Thanks!
Re: "Gifting" a firearm across state lines
Posted: Sat Oct 25, 2008 11:55 am
by boomerang
The ATF thinks you need to transfer a handgun through a FFL if the old and new owners are residents of different states.
Re: "Gifting" a firearm across state lines
Posted: Sat Oct 25, 2008 6:02 pm
by ct214
Bummer. So does he have to ship it to FFL in TX, do we need to use one in FL, or can I bring it to one here after transporting?
I am trying to make it as easy for him as I can. He's had the thing in a box in the corner of his attic for like 10 years.
Is it highly inadvisable to "just do it"?
Re: "Gifting" a firearm across state lines
Posted: Sat Oct 25, 2008 11:12 pm
by SCone
Get with an FFL here in Texas & set it up. Go to Florida and ship it to the FFL. Then come home and pick up your gun. Probably cost you a whole $50 including the shipping. Not a bad price for a revolver, assuming it's worth something???
Re: "Gifting" a firearm across state lines
Posted: Sun Oct 26, 2008 3:03 am
by KBCraig
SCone has it correct, with this one proviso: many shippers won't accept the package unless the sender holds an FFL. This is their policy, not law; by law, only the interstate recipient has to be licensed.
But, there is a plus to using an FFL on the sending end: they can use 2nd day air or other, cheaper, shipping options. If the sender ships it himself, it's going to cost $40-60 just for shipping, where an FFL can ship for $25 or so.
Despite the outrage of discrimination, it can be worth it to use an FFL on both ends.
Re: "Gifting" a firearm across state lines
Posted: Sun Oct 26, 2008 2:28 pm
by ct214
Too bad he didn't just give it to me when I lived in FL. Then I could have just brought my gun with me to TX. Ugh...
Okay cool. If he ships to an FFL in TX, does it have to be overnight?
Re: "Gifting" a firearm across state lines
Posted: Sun Oct 26, 2008 3:20 pm
by Mike1951
ct214 wrote:Okay cool. If he ships to an FFL in TX, does it have to be overnight?
If the individual ships it, it does have to go overnight. This is not law, just the policy of UPS, Fedex, and other couriers.
But you have no option.
As KBCraig advised, one FFL shipping to another may even ship via US Mail. The cost to do that may be only $10-12.
Re: "Gifting" a firearm across state lines
Posted: Sun Oct 26, 2008 3:30 pm
by Bart
Now you know the facts and the choice is up to you. Wwhen it comes to the BATmen, I follow the principle
what they don't know can't hurt me.
Also I think "an unconstitutional Act is not a law... as inoperative as though it had never been passed."
118 U.S. 425 (1886)
Re: "Gifting" a firearm across state lines
Posted: Tue Oct 28, 2008 10:50 am
by ct214
Thanks all. I'm with you there Bart!
Re: "Gifting" a firearm across state lines
Posted: Tue Oct 28, 2008 11:00 am
by lawrnk
I'd go with Bart