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Thread: Giving a Handgun as a Gift.

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    My little brother is getting married this August. I live in VB and he lives in Greenville, N.C. I'm thinking of getting him a handgun for a wedding present. It will be his first gun (im thinking an XD Sub Compact .40). Are there any stipulations that I need to worry about or anything I need to do before giving it to him?

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    Founder's Club Member - Moderator longwatch's Avatar
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    Yup don't do an interstate transfer.

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    Your brother a convicted felon? :P

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    You'll have to check NC law also. When I was stationed down there I remember that they had some weird handgun approval letter that you had to get signed by the sheriff. I don't remember details and I'm not sure if it would apply to transfers.

    Like I said, research NC law...

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    Well, you could give him the money to get one.
    Why open carry? Because 1911 > 911.

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    Newbie W.E.G.'s Avatar
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    To do it legally, you need to take to a FFL in the state where the transfer will occur. The FFL can receive it from the grantor, and transfer it on his license to the in-state grantee.

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    Maybe you could buy him a gift certificate from his local NC gun store?

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    If it was me buying a gun for my brother, I'd just buy him the gun, wrap it up, and give it to him. But hey, that's just me.

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    Reverend73 wrote:
    If it was me buying a gun for my brother, I'd just buy him the gun, wrap it up, and give it to him. But hey, that's just me.
    My sentiments exactly,Reverend. Too much bloody red tape and BS otherwise!

    But, probably best to observe the rules and regs, exceedingly tiresome though they undoubtedly are. Folks might get the impression that we are a bunch of outlaws, otherwise!

    TrueBrit.

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    f it was me buying a gun for my brother, I'd just buy him the gun, wrap it up, and give it to him. But hey, that's just me.
    +1

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    Here Bob I wanted you to have this.



    Thanks Jim.





    Tarzan




    PS Just so you know my name is NOT Jim and I DO NOT have a brother named Bob. Those were random names to prove a point.



    Sheeshh I get PM's wondering if my name is Jim

    PPS I stated what I would like to do. If my brother can not legally take position of one of my guns then I would have to change what I said and did., in regard to giving him a gun.


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    tarzan1888 wrote:
    Here Bob I wanted you to have this.



    Thanks Jim.





    Tarzan
    Nothing says "I love you" like a Glock. :P

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    openryan wrote:
    Nothing says "I love you" like a Glock. :P
    Or a Ruger or a Springfield, or a Taurus or.........





    Tarzan

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    W.E.G. wrote:
    To do it legally, you need to take to a FFL in the state where the transfer will occur. The FFL can receive it from the grantor, and transfer it on his license to the in-state grantee.
    so me selling a pistol to a buddy in Maryland is illega without the grand oversight and benevolent moral-making authority of the leviathan state?

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    thorsmitersaw wrote:
    W.E.G. wrote:
    To do it legally, you need to take to a FFL in the state where the transfer will occur. The FFL can receive it from the grantor, and transfer it on his license to the in-state grantee.
    so me selling a pistol to a buddy in Maryland is illega without the grand oversight and benevolent moral-making authority of the leviathan state?
    Yes



    Tarzan

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    well I wish I would have known that earlier

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    TrueBrit wrote:
    Reverend73 wrote:
    If it was me buying a gun for my brother, I'd just buy him the gun, wrap it up, and give it to him. But hey, that's just me.
    My sentiments exactly,Reverend. Too much bloody red tape and BS otherwise!

    But, probably best to observe the rules and regs, exceedingly tiresome though they undoubtedly are. Folks might get the impression that we are a bunch of outlaws, otherwise!

    TrueBrit.
    I wouldn't listen to what I say below, these are just my thoughts that might be true but still land you in the pokey:

    You could also just transfer it to his possession while he is visiting the great state of Virginia..... Of course even though he's your brother and not a known gun trafficker (he's not is he?) the law will still see him as an out of state person. BUT, what is the purpose and spirit of the law? To stop interstate trafficking of guns for illegal purposes. Actually the law cannot does not stop "anything" unless a law officer is right there watching it happen. The law is there to punish those who break the law, after they have done so.

    So, did you commit interstate trafficking of guns for illegal purposes? Hardly. I'd ask the judge to throw the case out as a huge waste of state resources. I think he would too. He's your freakin' brother!

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    Neplusultra wrote:
    TrueBrit wrote:
    Reverend73 wrote:
    If it was me buying a gun for my brother, I'd just buy him the gun, wrap it up, and give it to him. But hey, that's just me.
    My sentiments exactly,Reverend. Too much bloody red tape and BS otherwise!

    But, probably best to observe the rules and regs, exceedingly tiresome though they undoubtedly are. Folks might get the impression that we are a bunch of outlaws, otherwise!

    TrueBrit.
    I wouldn't listen to what I say below, these are just my thoughts that might be true but still land you in the pokey:

    You could also just transfer it to his possession while he is visiting the great state of Virginia..... Of course even though he's your brother and not a known gun trafficker (he's not is he?) the law will still see him as an out of state person. BUT, what is the purpose and spirit of the law? To stop interstate trafficking of guns for illegal purposes. Actually the law cannot does not stop "anything" unless a law officer is right there watching it happen. The law is there to punish those who break the law, after they have done so.

    So, did you commit interstate trafficking of guns for illegal purposes? Hardly. I'd ask the judge to throw the case out as a huge waste of state resources. I think he would too. He's your freakin' brother!
    Just to play the devil's advocate: Suppose that you gave the gun to your brother as in the above example and in the future he uses that gun for self defense. At that point LEOs would become involved and the weapon would be traced back to you and the fact that it was illegally transferred to your brother would become known. This would open the door for possible legal action against your brother and you.

    Additionally, in this day of litigation, the "illegal" transfercould be excellent ammunition for a civil suit against both of you. I don't like the law either but it could be used against you both in criminal and civil court. The "illegal" transfer could be avoided by: 1> Giving your brother the money to buy a gun legally in his state or 2> if it is a gun that you already have, shipping it to a FFL dealer in his state and paying the $25 to $50 fee that the FFL holder would charge, which would be a small price to pay to avoid possible federal and state charges, ammunition for a civil suit or BOTH!!! Just something to think about.

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    Man.. they've gotten to some of you folks.

    I'm with the Rev and others on this. Buy the gun, wrap it nicely, give it proudly.

    Your brother can't come to Virginia and BUY a handgun from an FFL. But you can GO to NC and give him a present.

    And as for that NC "permit to purchase" you have to get signed from the Sheriff.... Do you also need a permit in NC to go to church?



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    doug23838 wrote:
    Man.. they've gotten to some of you folks.

    I'm with the Rev and others on this. Buy the gun, wrap it nicely, give it proudly.

    Your brother can't come to Virginia and BUY a handgun from an FFL. But you can GO to NC and give him a present.

    And as for that NC "permit to purchase" you have to get signed from the Sheriff.... Do you also need a permit in NC to go to church?

    Doug, they have not "gotten to me". I don't like the law either but,currently it is the law. I was only saying, in a round about way, is it worth the risk for someone and their brother when it could be avoided by a $ 25 to $50 fee to make the whole thing legal according to current law?

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    doug23838 wrote:
    Man.. they've gotten to some of you folks.

    I'm with the Rev and others on this. Buy the gun, wrap it nicely, give it proudly.

    Your brother can't come to Virginia and BUY a handgun from an FFL. But you can GO to NC and give him a present.

    And as for that NC "permit to purchase" you have to get signed from the Sheriff.... Do you also need a permit in NC to go to church?


    The bottom line is that it does not matter what each of us would or could do. The law is the law and in a public forum it is not wise to suborn illegal activities. :?


    Remember Old Joe Horn.He said over and over that he was going to go out and shoot the two buglers. When hecame back he said he had no choice,which may be true, but he is still on record saying he was going to go do it.

    We have to be careful what we go on recordwith when it comes to ALL legal matters.


    Tarzan


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    I've got a related question that has always made me think. Are there any laws concerning loaning a handgun to an out-of-state friend or relative who can legally possess it?

    What is to keep you from loaning the handgun to your brother? If you did that he would not be able to sell or give it away, because it would not be "his." But is there anything illegal about this?

    Currently I have one of my dad's handguns that I borrowed because a friend wanted to shoot it. Granted, my dad and I are both VA residents and I will return it to him within a few months...but what if we weren't residents of the same state and what if I planned on keeping it for a few years/decades (with his permission of course)?

    It has always made me wonder...

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    TEX1N wrote:
    I've got a related question that has always made me think. Are there any laws concerning loaning a handgun to an out-of-state friend or relative who can legally possess it?

    What is to keep you from loaning the handgun to your brother? If you did that he would not be able to sell or give it away, because it would not be "his." But is there anything illegal about this?

    Currently I have one of my dad's handguns that I borrowed because a friend wanted to shoot it. Granted, my dad and I are both VA residents and I will return it to him within a few months...but what if we weren't residents of the same state and what if I planned on keeping it for a few years/decades (with his permission of course)?

    It has always made me wonder...
    You know there is one bad thing about lending things. People all to often just plain forget to bring them back.

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    What if I were to just take my guns and move to NC from VA? Would I need a permit to do that? If not then couldnt i say that I gave my brother the gun in VA and he just moved it to NC?

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    PackininVB wrote:
    What if I were to just take my guns and move to NC from VA? Would I need a permit to do that? If not then couldnt i say that I gave my brother the gun in VA and he just moved it to NC?
    You could...although you would have had to purchase the gun when your brother was a VA resident. Or else the dates wouldn't line up if the gun ever had to be traced back to you.

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