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Thread: How to "gift" a gun to a family member?

  1. #1
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    How to "gift" a gun to a family member?

    What do i need to do to give one of my handguns to my daughter who is turning 18 this year?

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    Regular Member ocholsteroc's Avatar
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    Quote Originally Posted by VA Big E View Post
    What do i need to do to give one of my handguns to my daughter who is turning 18 this year?
    Nothing, private sales/gifting legal in VA. When I was 19 I bought a Glock19 from my parents.
    Last edited by ocholsteroc; 03-03-2012 at 02:02 PM.
    How come a DUI you can get your driver licence back, which it is a privilege. But if commiting a felon, even something non violent like stealing, you are denied your constitutional rights for the rest of your life?
    If you don't support the Second Amendment to the Constitution, what other parts of the Constitution do you reject?
    More restrictions on guns? how about restrictions on chainsaws and knives?

  3. #3
    Regular Member mk4's Avatar
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    wrap it up, put a bow on it and give it to her.
    as long as you, the private transferor, have no reason to believe she's proscribed, you're free to do what you wish. no documentation required.

    as a thoughtful addition, maybe put a gift certificate for some training in the package?
    ( cue Proshooter... ;-) )
    Last edited by mk4; 03-03-2012 at 02:05 PM.
    “For life, liberty and Little Lizzie.” - John Connor (2005)

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    Activist Member Wolf_shadow's Avatar
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    Quote Originally Posted by VA Big E View Post
    What do i need to do to give one of my handguns to my daughter who is turning 18 this year?
    IANAL but it is my understanding that as long as she lives in the same state as you just hand it over to her.

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    I just want her to be the owner of the gun. I purchased it about 2yrs ago.

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    Regular Member mk4's Avatar
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    Wolf raises a good point. if she's a va resident, just hand it over to her as long as she understands the responsibility that goes with it. if she's not a va resident, it's a bit more complicated, but not generally difficult.
    “For life, liberty and Little Lizzie.” - John Connor (2005)

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    She still lives at home and wil be a senior in high school. So i will present it to her for her b-day and offer to pay for training. We do go to the range when time permits, and she likes to shoot it. I didn't realize it would be this easy. I thought there was going to be some paperwork to put the gun in her name. Thanks for the input and hopefully she will be thrilled.

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    Regular Member mk4's Avatar
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    nope! you're good-to-go. her possession will be her 'ownership', at least in va.
    good on you for introducing her to shooting!
    Last edited by mk4; 03-03-2012 at 02:14 PM.
    “For life, liberty and Little Lizzie.” - John Connor (2005)

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    I introduced her to it because i wanted her to respect what it is, and not to be scared of it.

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    Regular Member mk4's Avatar
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    Quote Originally Posted by VA Big E View Post
    I introduced her to it because i wanted her to respect what it is, and not to be scared of it.
    good job! sounds like you were successful!
    “For life, liberty and Little Lizzie.” - John Connor (2005)

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    Make sure she says "Thank you" and gives you a peck on the cheek?

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    Regular Member ProShooter's Avatar
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    Quote Originally Posted by mk4 View Post

    as a thoughtful addition, maybe put a gift certificate for some training in the package?
    ( cue Proshooter... ;-) )
    I'm here, and ready to assist with whatever training needs she may have!
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
    Concealed Firearms Instructor for Virginia, Florida & Utah permits.
    NRA Certified Chief Range Safety Officer
    Sabre Red Pepper Spray Instructor
    Glock Certified Armorer
    Instructor Bio - http://proactiveshooters.com/about-us/

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    Accomplished Advocate user's Avatar
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    No formality at all. Ownership is different from possession - she can own the gun now, even though she's not allowed to be in possession absent adult supervision. Title to property passes when it is the intent of the donor to make the gift. You can do that by telling her that the gun is hers, now, and she can actually receive it when she turns 18.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by VA Big E View Post
    I didn't realize it would be this easy. I thought there was going to be some paperwork to put the gun in her name.
    Don't say that too loud or some idiot will try to pass a law. Like the others say...just give it to her. I gave my son his first gun at age 6, a chipmunk rifle. At age 18, he took possession as User said, at age 37...he gave it to his daughter.

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    Talking

    Quote Originally Posted by peter nap View Post
    Don't say that too loud or some idiot will try to pass a law. Like the others say...just give it to her. I gave my son his first gun at age 6, a chipmunk rifle. At age 18, he took possession as User said, at age 37...he gave it to his daughter.
    I will be sure just to calmly present it to her this year...and thanks again for all of the replies and information.

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    Regular Member The Airframer's Avatar
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    Procedures for out of state?

    I know it was mentioned that gifting a gun to a resident of another state raises certain difficulties. What do I need to do to gift a Virginia bought gun to a North Carolinian? Thinking of getting the old man a new piece for fathers day.

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    Accomplished Advocate user's Avatar
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    Quote Originally Posted by The Airframer View Post
    I know it was mentioned that gifting a gun to a resident of another state raises certain difficulties. What do I need to do to gift a Virginia bought gun to a North Carolinian? Thinking of getting the old man a new piece for fathers day.
    All transfers between residents of different states require an FFL on the receiving end. You can carry the gun to NC (assuming it's legal for you to do so there, I don't know about their state law - I'm talking federal here), and hand-deliver it to the FFL you choose, who can record it, do the background check, and turn it over to "the old man". Or you could just stay in Virginia and give it to an old man here; me for example.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

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    Regular Member The Airframer's Avatar
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    Thanks user, I may look into buying it in NC to avoid the paperwork if possible.

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    Campaign Veteran roscoe13's Avatar
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    Quote Originally Posted by user View Post
    All transfers between residents of different states require an FFL on the receiving end. You can carry the gun to NC (assuming it's legal for you to do so there, I don't know about their state law - I'm talking federal here), and hand-deliver it to the FFL you choose, who can record it, do the background check, and turn it over to "the old man". Or you could just stay in Virginia and give it to an old man here; me for example.
    Quote Originally Posted by The Airframer View Post
    Thanks user, I may look into buying it in NC to avoid the paperwork if possible.
    That won't help if you're a VA resident, and the person you want to gift it to is a NC resident.... Also, where the gun was BOUGHT is irrelevant, only the residency of the parties involved... Not to mention that you can't legally buy a handgun from a dealer in NC if you're a VA resident.

    Roscoe
    "The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good." - George Washington

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    Regular Member The Airframer's Avatar
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    Not sure how NC views residency. I'm active duty, stationed (and sleep) in VA Beach, pay state taxes in NC, as NC is my home of record (and i own a home there). If i needed to (and most likely will) run the state background check prior to transferring possession, any idea how much that would cost me?

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    Regular Member Thundar's Avatar
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    Privacy is part of the gift

    Just remember part of the gift is breaking the "registration" chain for the gun. No FFL, no record. No record no government knowledge.

    Yup, privacy from government is part of a private firearm gift.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    Regular Member Red Dawg's Avatar
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    Sorry, but no need to worry over stupid crap. Handgun registration is not requested/required/wanted/needed, or on radar. Give the girl her gun. PERIOD. Until she tries to get a mother may i permission slip for CHP/CCW/whatever from whatever state she decides, there is no need for silly paperwork. OR worries.
    If there is some obscure law stating otherwise, I see no reason this is an issue.
    The Second Amendment is in place
    in case the politicians ignore the others

    A gun in the hand is better than a cop on the phone

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    I sure she'll enjoy her "new" handgun :

    Attachment 8072
    Last edited by davidmcbeth; 03-06-2012 at 12:58 PM.

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by Red Dawg View Post
    Sorry, but no need to worry over stupid crap. Handgun registration is not requested/required/wanted/needed, or on radar. Give the girl her gun. PERIOD. Until she tries to get a mother may i permission slip for CHP/CCW/whatever from whatever state she decides, there is no need for silly paperwork. OR worries.
    If there is some obscure law stating otherwise, I see no reason this is an issue.
    I heard a story once about a son that bought a handgun for his father in another state.
    He transferred it by wrapping it up and saying, "Happy Birthday Dad".

    That's just what I heard mind you and if I recall, the world didn't end, storm troopers didn't pick it up on the mind scanners and life continued as usual.

    That's just what I heard
    Last edited by peter nap; 03-06-2012 at 07:21 PM.

  25. #25
    Regular Member Thundar's Avatar
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    Quote Originally Posted by Red Dawg View Post
    Sorry, but no need to worry over stupid crap. Handgun registration is not requested/required/wanted/needed, or on radar. Give the girl her gun. PERIOD. Until she tries to get a mother may i permission slip for CHP/CCW/whatever from whatever state she decides, there is no need for silly paperwork. OR worries.
    If there is some obscure law stating otherwise, I see no reason this is an issue.
    Red Dawg: Registration is in quotes because we know there is no formal firearms registration in the Commonwealth of Virginia, except for Machine Guns, but there is a paper trail that the gun police try to follow.

    A private transfer breaks the paperwork trail, and thus is the extra gift to those to whom the firearm is privately transferred.

    You are right about the paperwork being silly.

    If we had better politicians in Virginia, we would have constitutional carry, and there wouldn't be any fees or paperwork for concealing either.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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