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Thread: Firearms transfer...

  1. #1
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    Firearms transfer...

    Well met. I have a question for you all concerning Ohio law. My lady and I will be travelling to Ohio right after Christmas to visit her family. Her brother is going to give her a handgun as a gift. In NC, to receive such a gift requires her to first obtain a purchase permit from the local authorities. Not a problem. If I read Ohio law correctly, there is no mandate for any action on her part (or that of her brother) necessary. Such a transfer can occur without any documentation being required. Do I have that right? Thanks for the assistance.

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    So she lives in North Carolina and the brother lives in Ohio? If so, then it must go through an FFL in North Carolina to be legal. This is federal law, not Ohio law. Ohio allows private party transfers, but federal law prohibits transfer (selling) of handguns across state lines to residents of different states.
    Last edited by JediSkipdogg; 11-04-2014 at 07:35 PM.

  3. #3
    Accomplished Advocate color of law's Avatar
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    Outside State of Residency - A person may not receive a HG from a non-licensee who resides in another State, except by Will or Intestate succession, § 922 (a)(5)(A) giver, § 922 (a)(3)(A) receiver.

    Is it a gift from brother?

    If the gun was a family members who is deceased it can transfer without a FFL.

    If the brother actually purchased the gun from a FFL then the transfer must go through a FFL.

  4. #4
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    steps

    1) find dealers in both states to handle both actions

    2) YOU or brother "sell" to local dealer

    3) local dealer sends gun to outside the state dealer where he would then "own" it

    4) out of state dealer transfers gun to sister in her state

    want to find dealers to do this?

    http://www.gunbroker.com/FFL/DealerNetwork.aspx

    one place to look ^^


    With me? I make gun. I teach sister to make gun ... sister makes gun (or a zillion)
    government don't know jack.

  5. #5
    Regular Member Primus's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    steps

    1) find dealers in both states to handle both actions

    2) YOU or brother "sell" to local dealer

    3) local dealer sends gun to outside the state dealer where he would then "own" it

    4) out of state dealer transfers gun to sister in her state

    want to find dealers to do this?

    http://www.gunbroker.com/FFL/DealerNetwork.aspx

    one place to look ^^


    With me? I make gun. I teach sister to make gun ... sister makes gun (or a zillion)
    government don't know jack.
    Is your sister cute?
    "The wicked flee when no man persueth: but the righteous are as bold as a lion" Proverbs 28:1

  6. #6
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    Quote Originally Posted by Primus View Post
    Is your sister cute?
    http://media-cache-ak0.pinimg.com/73...6156b83f79.jpg

    eye of the beholder ...

  7. #7
    Accomplished Advocate color of law's Avatar
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    What brand of shoe is that. The wife likes that color and Christmas is coming fast.

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    Quote Originally Posted by color of law View Post
    What brand of shoe is that. The wife likes that color and Christmas is coming fast.
    Zooming in on the pic, they appear to be Nike.

  9. #9
    Regular Member J_dazzle23's Avatar
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    I think they are nike flyknits. Wearing them in a bottle of anavar. :P

  10. #10
    Regular Member Primus's Avatar
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    Quote Originally Posted by color of law View Post
    What brand of shoe is that. The wife likes that color and Christmas is coming fast.
    When I see her tonight I'll ask her.
    Quote Originally Posted by J_dazzle23 View Post
    I think they are nike flyknits. Wearing them in a bottle of anavar. :P
    "The wicked flee when no man persueth: but the righteous are as bold as a lion" Proverbs 28:1

  11. #11
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    Quote Originally Posted by JediSkipdogg View Post
    So she lives in North Carolina and the brother lives in Ohio? If so, then it must go through an FFL in North Carolina to be legal. This is federal law, not Ohio law. Ohio allows private party transfers, but federal law prohibits transfer (selling) of handguns across state lines to residents of different states.
    There is no sale. It is a gift which she will take possession of within the same state. Any reference you can provide to where it is federal law would be helpful. Thanks!

    Quote Originally Posted by color of law View Post
    Outside State of Residency - A person may not receive a HG from a non-licensee who resides in another State, except by Will or Intestate succession, § 922 (a)(5)(A) giver, § 922 (a)(3)(A) receiver.

    Is it a gift from brother?

    If the gun was a family members who is deceased it can transfer without a FFL.

    If the brother actually purchased the gun from a FFL then the transfer must go through a FFL.
    Yes it is a gift. He is not receiving the firearm, she is - thus the above wouldn't apply. She is receiving from him, not the other way around.
    It has been in his possession for some time, not sure if he was the original purchaser or if it was a gift from family. Will find out. Thanks!

  12. #12
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    Does not matter if she wants to pick it up at your place ... its still an out of state transfer ..

    Need to do the procedure I noted ...

    You cannot just hand her the gun and say "have a nice trip back"

    Well, according to how current law is written.....

  13. #13
    Campaign Veteran ATM's Avatar
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    Transfers include gifts, so the Federal restrictions do apply in this case.

    For the handgun to be transferred interstate (according to residence) she must receive it through an FFL transfer in her resident state.

    http://www.atf.gov/files/firearms/fa...d-persons.html

    Q: From whom may an unlicensed person acquire a firearm under the GCA?

    A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

    [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
    Last edited by ATM; 11-08-2014 at 04:47 PM.

  14. #14
    Accomplished Advocate color of law's Avatar
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    The lady is from OH. Maybe she still maintains her permanent address in OH at her parents home.

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