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Thread: Family transfer

  1. #1
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    Family transfer

    New poster here but I have been reading this forum for a long time. My question is- I would like to give one of my handguns to my 23 yr old son. He is a CT resident but will be moving out of state for a job within the next 2 months. He has started the CT pistol permit process but because of his move he will not be able to complete it. How do I transfer the gun to him? Is there any paperwork I need to file? How can he take the gun out of state (legally) when he moves? Because of the nature of his job I don't think he will be in any one place long enough to establish residency to my guess is that he will live out of state for the next several years but still remain a CT resident. Thanks for the help.

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    Regular Member motoxmann's Avatar
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    if he legally remains a CT resident, in order to transfer/sell the handgun to him he will need to have a CT pistol permit and use the standard procedure of calling DPS for an authorization number and filling out the dps-3 forms and filing with the town and dps. How far along in the application process is he? there is no reason why he can't finish the process. even if he establishes residency in another state, he can still aquire his CT pistol permit. the permit just needs to have the most current legal residence address even if it's an out of state address.

    he is able to "borrow" the gun on his travels without issue. and just to be sure (not necessary, but may help him if an officer questions his possession of it); you and him could sign a paper that you create saying that you are allowing him to borrow the gun, and include the serial number and description, and your contact information. this way if he ever has police contact for whatever reason and they ask who's gun it is, he can tell the truth (you let him borrow it) and show them the paper, and they can call you to verify

    the most important factor in all this though is that he needs to make sure he abides by all laws in whatever state he is in at the time. and in CT he is not legally allowed to transport the gun anywhere even locked in the trunk and unloaded because he doesn't have his CT pistol permit. (this is a questionable law though, because there are laws about transporting a legally owned firearm in/through CT by out of staters).

    I don't know many laws for other states, but in NY you can't even have a handgun in your own house unless you have a NY pistol permit. so it would simply be his duty to research the laws in whatever state he is in at the time to make sure he follows the laws. and some states don't require a permit at all.

    this is just one more stupid thing about CT laws; you do not need to have a CT pistol permit to own a handgun or to possess it inside your house including carrying it on your person inside your house. but you do need a permit to buy a gun
    Last edited by motoxmann; 05-08-2013 at 09:47 AM.
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    what state is he going to?

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    He will initially be moving to Alabama. My hope was that i could give the gun to him and then send it to an FFL dealer in Alabama so he would avoid the transportation issues between here and there. Would that work? He will have a florida carry permit which is valid in alabama. Not sure why he would need the ct pistol permit if he is going to own the gun in ct but not transport it. I would transport it to a local dealer and have them send it. Thoughts?

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    Campaign Veteran skidmark's Avatar
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    As has been briefly touched on -

    - residents of a state may only purchase/receive transfer of a handgun in the state where they are resident. UNLESS thhey are military on PCS orders.

    - residents of CT must have their pistol permit before they can touch a handgun.

    - the law about travelling through a restrictive state says you must start and end in states where possession is lawful. As a CT resident without a pistol permit it is unlawful for your son to touch a handgun. Therfore, the law does not apply to him.

    Most states have anywhere from 30 to 90 days to establish residency. Given the tax structures between AL and CT I do not see why your son would not want to change residency.

    stay safe.
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    Regular Member motoxmann's Avatar
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    Quote Originally Posted by skidmark View Post
    As has been briefly touched on -

    - residents of a state may only purchase/receive transfer of a handgun in the state where they are resident. UNLESS thhey are military on PCS orders.

    - residents of CT must have their pistol permit before they can touch a handgun.

    - the law about travelling through a restrictive state says you must start and end in states where possession is lawful. As a CT resident without a pistol permit it is unlawful for your son to touch a handgun. Therfore, the law does not apply to him.

    Most states have anywhere from 30 to 90 days to establish residency. Given the tax structures between AL and CT I do not see why your son would not want to change residency.

    stay safe.
    correction; residents of CT must have their pistol permit before they can touch a NEW handgun. (new to them)
    if a person already owns a handgun legally (typically from being a resident of another state and buying in that state), then they are allowed to possess that handgun inside their CT home without a pistol permit, and can transport according to the laws (unloaded, locked in trunk). And in fact, as long as a person is not ineligible to own a firearm, they actually do not need to own the handgun, so long as they acquire it legally. for example, you let him "borrow" the gun like I mentioned above. he can legally possess the handgun inside his CT home without a CT permit. and can transport legally between states where he can lawfully possess the handgun. and because he can lawfully possess the handgun inside his CT home, and in Alabama, he can legally transport the gun between those two places, unloaded and locked in the trunk.

    this is all assuming that he is not ineligible to own firearms. because if there is anything that makes him ineligible (criminal record or mental health record), then you would be breaking the law by selling him the gun or letting him borrow it.
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    Quote Originally Posted by motoxmann View Post
    correction; residents of CT must have their pistol permit before they can touch a NEW handgun. (new to them)
    if a person already owns a handgun legally (typically from being a resident of another state and buying in that state), then they are allowed to possess that handgun inside their CT home without a pistol permit, and can transport according to the laws (unloaded, locked in trunk). And in fact, as long as a person is not ineligible to own a firearm, they actually do not need to own the handgun, so long as they acquire it legally. for example, you let him "borrow" the gun like I mentioned above. he can legally possess the handgun inside his CT home without a CT permit. and can transport legally between states where he can lawfully possess the handgun. and because he can lawfully possess the handgun inside his CT home, and in Alabama, he can legally transport the gun between those two places, unloaded and locked in the trunk.

    this is all assuming that he is not ineligible to own firearms. because if there is anything that makes him ineligible (criminal record or mental health record), then you would be breaking the law by selling him the gun or letting him borrow it.
    Sec. 29-38. Weapons in vehicles. Penalty. Exceptions. (a) Any person who knowingly has, in any vehicle owned, operated or occupied by such person, any weapon, any pistol or revolver for which a proper permit has not been issued as provided in section 29-28 or any machine gun which has not been registered as required by section 53-202, shall be fined not more than one thousand dollars or imprisoned not more than five years or both, and the presence of any such weapon, pistol or revolver, or machine gun in any vehicle shall be prima facie evidence of a violation of this section by the owner, operator and each occupant thereof. The word “weapon”, as used in this section, means any BB. gun, any blackjack, any metal or brass knuckles, any police baton or nightstick, any dirk knife or switch knife, any knife having an automatic spring release device by which a blade is released from the handle, having a blade of over one and one-half inches in length, any stiletto, any knife the edged portion of the blade of which is four inches or more in length, any martial arts weapon or electronic defense weapon, as defined in section 53a-3, or any other dangerous or deadly weapon or instrument.

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    Quote Originally Posted by Foxcroft View Post
    He will initially be moving to Alabama. My hope was that i could give the gun to him and then send it to an FFL dealer in Alabama so he would avoid the transportation issues between here and there. Would that work? He will have a florida carry permit which is valid in alabama. Not sure why he would need the ct pistol permit if he is going to own the gun in ct but not transport it. I would transport it to a local dealer and have them send it. Thoughts?
    My advice is to wait until he moves, then send the gun to him via a ffl to ffl transfer and then the ffl in Alabama will transfer it to him.

    Avoids all issues...

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    Regular Member brk913's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    My advice is to wait until he moves, then send the gun to him via a ffl to ffl transfer and then the ffl in Alabama will transfer it to him.

    Avoids all issues...
    I actually agree with this, he will however have to become a resident of Alabama as Federal law states you can only purchase a handgun in your state of residence. This should not be that big an issue, I don't know for sure what the purchase laws are in Alabama but I am guessing it's probably just show ID, background check and out the door with your gun......

    ETA: Yes, I was right, very easy to purchase, no permit required: http://www.nraila.org/gun-laws/state-laws/alabama.aspx
    Last edited by brk913; 05-09-2013 at 09:25 PM.
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    Regular Member motoxmann's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    Sec. 29-38. Weapons in vehicles. Penalty. Exceptions. (a) Any person who knowingly has, in any vehicle owned, operated or occupied by such person, any weapon, any pistol or revolver for which a proper permit has not been issued as provided in section 29-28 or any machine gun which has not been registered as required by section 53-202, shall be fined not more than one thousand dollars or imprisoned not more than five years or both, and the presence of any such weapon, pistol or revolver, or machine gun in any vehicle shall be prima facie evidence of a violation of this section by the owner, operator and each occupant thereof. The word “weapon”, as used in this section, means any BB. gun, any blackjack, any metal or brass knuckles, any police baton or nightstick, any dirk knife or switch knife, any knife having an automatic spring release device by which a blade is released from the handle, having a blade of over one and one-half inches in length, any stiletto, any knife the edged portion of the blade of which is four inches or more in length, any martial arts weapon or electronic defense weapon, as defined in section 53a-3, or any other dangerous or deadly weapon or instrument.
    I hate this law (and almost forgot about it, thanks david), it completely contradicts the transportation laws regarding travelling through the state and/or between two locations where you are legally allowed to possess the firearm.

    but yes, I suppose I do have to agree with dave and BRK now
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    Quote Originally Posted by motoxmann View Post
    I hate this law (and almost forgot about it, thanks david), it completely contradicts the transportation laws regarding travelling through the state and/or between two locations where you are legally allowed to possess the firearm.

    but yes, I suppose I do have to agree with dave and BRK now
    You cannot take your gun (that you do not need a permit to purchase) to the range w/o being subjected to the outrageous conditions of a permit application --- or, one could look at it, that the permit application process should not require: safety training that costs money, providing information irrelevant to your right to own a gun, other requirements.

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