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Memory failure

Posted: Sun Mar 20, 2011 5:07 pm
by longtooth
Had a student ask but I cant remember, so am checking.

Has her CHL.
Her Grandfather in another state wants to give her a handgun. Can he buy one there & bring it to Texas when he comes to visit next month & give her the gun????
LT :headscratch

Re: Memory failure

Posted: Sun Mar 20, 2011 5:11 pm
by aardwolf
He can but it's illegal (federal law) if they're residents of different states.

Re: Memory failure

Posted: Sun Mar 20, 2011 6:33 pm
by Excaliber
IANAL and this should be checked with BATFE, but I believe he can buy it and hand it over to an FFL in his state for shipment to an FFL in her state where she can pick it up. There would be transfer fees at both ends and shipping charges to deal with.

He could save some cash and effort by giving her the money to just buy the gun in her own state.

Re: Memory failure

Posted: Sun Mar 20, 2011 6:44 pm
by OldCannon
Doing an FFL transfer is a LOT less cheaper than hiring a lawyer.

Re: Memory failure

Posted: Sun Mar 20, 2011 6:59 pm
by flintknapper
Excaliber wrote:IANAL and this should be checked with BATFE, but I believe he can buy it and hand it over to an FFL in his state for shipment to an FFL in her state where she can pick it up. There would be transfer fees at both ends and shipping charges to deal with.

He could save some cash and effort by giving her the money to just buy the gun in her own state.

^^^^^^^^

I believe this is correct.

Re: Memory failure

Posted: Sun Mar 20, 2011 7:08 pm
by cajunautoxer
When he brings it to her they can go to a ffl and have it transfered to her IIRC

Re: Memory failure

Posted: Sun Mar 20, 2011 7:10 pm
by WildBill
Excaliber wrote:He could save some cash and effort by giving her the money to just buy the gun in her own state.
:iagree: It's not quite the same, but it would be much cleaner this way.

Re: Memory failure

Posted: Sun Mar 20, 2011 8:15 pm
by hirundo82
Any transfer of a firearm between residents of different states requires an FFL transfer. In the case of a long gun, it may take place in the state of residence of either party (or in a third state, if you prefer). For a handgun, the transfer must take place at an FFL in the recipient's state of residence.

It doesn't really matter how the handgun gets to the recipient's (transferee's) state. I agree with cajunautoxer--if he is already planning on coming to Texas to visit, he can just buy the gun in his state of residence and then he and his granddaughter go together to an FFL in Texas and have the transfer done. That is a without-a-doubt legal way to do it.

Another way to handle it would be the two spend some quality gun-shopping time together while he is here in Texas.

Re: Memory failure

Posted: Sun Mar 20, 2011 8:46 pm
by Rebel
cajunautoxer wrote:When he brings it to her they can go to a ffl and have it transfered to her IIRC
Thats exactly what they can do. All interstate transfers of firearms between residents of different states require that the firearm go through an FFL in the recipients State.

The Grandfather and Granddaughter would go to the Granddaughter's local FFL, she would fill out the BAFTE 4473 form and since she has a CHL, should would then take possession of the firearm. Easy as that, if she didn't have the CHL the FFL would call in the NICS.

Re: Memory failure

Posted: Mon Mar 21, 2011 12:49 pm
by hirundo82
Rebel wrote:
cajunautoxer wrote:When he brings it to her they can go to a ffl and have it transfered to her IIRC
Thats exactly what they can do. All interstate transfers of firearms between residents of different states require that the firearm go through an FFL in the recipients State.
The FFL transfer must be in the recipient's state for a handgun, but may be in any state that allows the transaction for a long gun (18 USC §922(a)(3) and (b)(3)).

Re: Memory failure

Posted: Mon Mar 21, 2011 3:26 pm
by MasterOfNone
Unless it's a specific gun he wants to buy (e.g., he found a great deal on a used gun), I like a different take on giving her the money. Instead, when he's visiting, they can go together to shop for and buy the gun. He's still "legally" giving her the cash, but in reality he's buying her the gun. And it is a great grandfather-granddaughter bonding opportunity.

Re: Memory failure

Posted: Mon Mar 21, 2011 7:43 pm
by Rebel
hirundo82 wrote:
Rebel wrote:
cajunautoxer wrote:When he brings it to her they can go to a ffl and have it transfered to her IIRC
Thats exactly what they can do. All interstate transfers of firearms between residents of different states require that the firearm go through an FFL in the recipients State.
The FFL transfer must be in the recipient's state for a handgun, but may be in any state that allows the transaction for a long gun (18 USC §922(a)(3) and (b)(3)).
I should have amended that to handgun, but I didn't want to get into the whole long gun interstate purchase, but it seems I will now, lol.

You can purchase a long gun in any State as long as both States allow it, many believe this only applies to States that share a border, but it doesn't, it can be any State. For instance a Texan can buy a long gun in Arizona as both States allow it, but Nevada on the other hand would not, so a Texan could not buy a long gun in Nevada.

Re: Memory failure

Posted: Mon Mar 21, 2011 8:33 pm
by C-dub
MasterOfNone wrote:Unless it's a specific gun he wants to buy (e.g., he found a great deal on a used gun), I like a different take on giving her the money. Instead, when he's visiting, they can go together to shop for and buy the gun. He's still "legally" giving her the cash, but in reality he's buying her the gun. And it is a great grandfather-granddaughter bonding opportunity.
I was also thinking of this.

Re: Memory failure

Posted: Mon Mar 21, 2011 8:38 pm
by longtooth
She is wanting a specific gun & not finding one anywhere around here.

Springfield Armory XD9sc.
I have told her she might find one at one of the big box stores in one of the MetroPlexes.

Re: Memory failure

Posted: Mon Mar 21, 2011 9:20 pm
by RPB
longtooth wrote:She is wanting a specific gun & not finding one anywhere around here.

Springfield Armory XD9sc.
I have told her she might find one at one of the big box stores in one of the MetroPlexes.
Us country folks have that problem, but I got to know my local FFL and auction arms, gunbroker, Gunsamerica and other places all work with him well. I order, I e-mail him, he takes car of it, I give him $10 or 15 or 20 bucks, I fill out the form and go home with my new prize. (FFL at pawn shop I don't use charges $30. he once asked during the ammo shortage if I had and .32 acp, I said sure, $30.00 for 7 cartridges if that's what it takes for your gun.)