Give A Revolver As A Gift To Daughter

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JMasor
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Give A Revolver As A Gift To Daughter

#1

Post by JMasor »

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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Keith B
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Re: Give A Revolver As A Gift To Daughter

#2

Post by Keith B »

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.
Welcome to the forum. :tiphat:

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
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Solaris
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Re: Give A Revolver As A Gift To Daughter

#3

Post by Solaris »

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.
Advice is give her the money, let her buy it in Illinois. As Keith says, you giving it to her in Texas is nogo.

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Re: Give A Revolver As A Gift To Daughter

#4

Post by Greybeard »

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.
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Re: Give A Revolver As A Gift To Daughter

#5

Post by Lumberjack98 »

Solaris wrote:
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.
Advice is give her the money, let her buy it in Illinois. As Keith says, you giving it to her in Texas is nogo.
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Re: Give A Revolver As A Gift To Daughter

#6

Post by C-dub »

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/
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Re: Give A Revolver As A Gift To Daughter

#7

Post by Solaris »

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.
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.

The case you cite was handled differently and that article is also incorrect in describing what happened.

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Re: Give A Revolver As A Gift To Daughter

#8

Post by JMasor »

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.
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Re: Give A Revolver As A Gift To Daughter

#9

Post by ScottDLS »

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?
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).
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!!!!"

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JMasor
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Re: Give A Revolver As A Gift To Daughter

#10

Post by JMasor »

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.

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Re: Give A Revolver As A Gift To Daughter

#11

Post by Boxerrider »

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

#12

Post by SewTexas »

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.
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Re: Give A Revolver As A Gift To Daughter

#13

Post by Take Down Sicko »

I'm thinking a gift card for her local gun store with be the best thing.
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Re: Give A Revolver As A Gift To Daughter

#14

Post by C-dub »

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'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.
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