Giving a shotgun as a gift while out of state

"A pistol is what you use to fight your way back to the rifle you never should have left behind!" Clint Smith, Thunder Ranch

Moderators: carlson1, Keith B

Post Reply
User avatar

Topic author
jrandyw
Member
Posts in topic: 2
Posts: 56
Joined: Tue May 15, 2012 9:04 pm

Giving a shotgun as a gift while out of state

#1

Post by jrandyw »

I've done some reading on the requirements for giving/selling a firearm to someone when that person doesn't reside in the same state. I have a shotgun I'd like to give to my parents. I reside in Texas. They reside in Florida. I'm driving to Florida for Christmas. I'm aware that I could ship the gun from Texas to an FFL in Florida and have the FFL in Florida complete the transfer to my parents. I'd like to know if it is legal for me to save the money on shipping and just take the gun with me when I drive out there and take it to an FFL in Florida and have the FFL transfer it to my parents.
6/16/12 CHL
NRA Member
User avatar

Jumping Frog
Senior Member
Posts in topic: 3
Posts: 5488
Joined: Wed Aug 25, 2010 9:13 am
Location: Klein, TX (Houston NW suburb)

Re: Giving a shotgun as a gift while out of state

#2

Post by Jumping Frog »

Yes, that is legal. You can hand deliver the shotgun to the Florida FFL who will then transfer it to your parents. :thumbs2: :thumbs2:

You sound like a good son!
-Just call me Bob . . . Texas Firearms Coalition, NRA Life member, TSRA Life member, and OFCC Patron member

This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ

Longshot38
Member
Posts in topic: 1
Posts: 147
Joined: Mon Feb 20, 2012 4:27 pm

Re: Giving a shotgun as a gift while out of state

#3

Post by Longshot38 »

You can drive it to your parents and then just give it to them. You don't need an FFL to do the transfer. There is nothing illegal about gifting a firearm and no national database exist of firearm ownership, only a database of stolen firearms.
User avatar

Jumping Frog
Senior Member
Posts in topic: 3
Posts: 5488
Joined: Wed Aug 25, 2010 9:13 am
Location: Klein, TX (Houston NW suburb)

Re: Giving a shotgun as a gift while out of state

#4

Post by Jumping Frog »

Longshot38 wrote:You can drive it to your parents and then just give it to them. You don't need an FFL to do the transfer. There is nothing illegal about gifting a firearm and no national database exist of firearm ownership, only a database of stolen firearms.
That is absolutely incorrect and advising someone to commit a federal felony.

The only circumstances where an interstate transfer between non-licensees is allowed is when a firearm is bequeathed at death.

Every interstate transfer of a firearm between living people requires a licensee (FFL) to be part of the transaction.
-Just call me Bob . . . Texas Firearms Coalition, NRA Life member, TSRA Life member, and OFCC Patron member

This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ

zaroffhunts
Member
Posts in topic: 1
Posts: 45
Joined: Sat May 17, 2008 4:04 pm

Re: Giving a shotgun as a gift while out of state

#5

Post by zaroffhunts »

Jumping Frog wrote:
Longshot38 wrote:You can drive it to your parents and then just give it to them. You don't need an FFL to do the transfer. There is nothing illegal about gifting a firearm and no national database exist of firearm ownership, only a database of stolen firearms.
That is absolutely incorrect and advising someone to commit a federal felony.
Thankfully, jrandyw seems to already know the FFL is required to transfer ownership between residents of different states.

Assuming neither he nor his parents are felons, or otherwise prohibited from possessing the shotgun, it's legal to toss the gun in his trunk, drive to Florida, and the do the transfer at some FFL in FL. It also looks like it's legal to take it with him, and leave his shotgun at his parents' house to use during future visits.
"Certainly there is no hunting like the hunting of man" - Ernest Hemingway
User avatar

Topic author
jrandyw
Member
Posts in topic: 2
Posts: 56
Joined: Tue May 15, 2012 9:04 pm

Re: Giving a shotgun as a gift while out of state

#6

Post by jrandyw »

Thanks for the responses. Now I just need to find an FFL that is as reasonable with their fees as GT Distrubutors is.
6/16/12 CHL
NRA Member
User avatar

Jumping Frog
Senior Member
Posts in topic: 3
Posts: 5488
Joined: Wed Aug 25, 2010 9:13 am
Location: Klein, TX (Houston NW suburb)

Re: Giving a shotgun as a gift while out of state

#7

Post by Jumping Frog »

jrandyw wrote:Thanks for the responses. Now I just need to find an FFL that is as reasonable with their fees as GT Distrubutors is.
Buds Gun Shop has a webpage for FFL's searchable by zipcode. Gives you a way to start looking.

http://www.budsgunshop.com/catalog/ffl.php" onclick="window.open(this.href);return false;
-Just call me Bob . . . Texas Firearms Coalition, NRA Life member, TSRA Life member, and OFCC Patron member

This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ

MeMelYup
Senior Member
Posts in topic: 1
Posts: 1874
Joined: Mon Nov 15, 2010 3:21 pm

Re: Giving a shotgun as a gift while out of state

#8

Post by MeMelYup »

zaroffhunts wrote:
Jumping Frog wrote:
Longshot38 wrote:You can drive it to your parents and then just give it to them. You don't need an FFL to do the transfer. There is nothing illegal about gifting a firearm and no national database exist of firearm ownership, only a database of stolen firearms.
That is absolutely incorrect and advising someone to commit a federal felony.
Thankfully, jrandyw seems to already know the FFL is required to transfer ownership between residents of different states.

Assuming neither he nor his parents are felons, or otherwise prohibited from possessing the shotgun, it's legal to toss the gun in his trunk, drive to Florida, and the do the transfer at some FFL in FL. It also looks like it's legal to take it with him, and leave his shotgun at his parents' house to use during future visits.
Got to have that government paper trail.
User avatar

LSUTiger
Senior Member
Posts in topic: 1
Posts: 1157
Joined: Tue Feb 15, 2011 2:36 pm

Re: Giving a shotgun as a gift while out of state

#9

Post by LSUTiger »

What about this one?

I have a shotgun that was purchased by my father many years ago then later when I got older, he gave it to me while both being Louisiana residents. Legally, the gun is mine but with no paper work. Now, I have since moved to Texas, the gun is still mine. Is it legal?

Hypethetically, even if he just now had given it to me, while he is a Louisiana resident and me a Texas resident, who else would know (Feds/LE) that he did not give it to me before I moved to Texas? It was purchased before my birth and we lived in the same state for about 36 years. Easily defensible that he gave it to me while being residents of the same state. Technically, still against the law I suppose, but how could that be enforced, unless my own father rats me out? :cryin

Now, buying a new gun today, different story, unless FFL transfer.
Chance favors the prepared. Making good people helpless doesn't make bad people harmless.
There is no safety in denial. When seconds count the Police are only minutes away.
Sometimes I really wish a lawyer would chime in and clear things up. Do we have any lawyers on this forum?
Post Reply

Return to “Rifles & Shotguns”