Giving a Handgun as a Gift.

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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?

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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...

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You know there is one bad thing about lending things. People all to often just plain forget to bring them back.:cuss:

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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?

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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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Would it be considered a straw purchase if i went to a gun store in NC, let him pick out the gun and fill out the paperwork and then just paid for it?

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PackininVB wrote:

Would it be considered a straw purchase if i went to a gun store in NC, let him pick out the gun and fill out the paperwork and then just paid for it?

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Not if the person who fills out the form is the one who ends up possessing the firearm. But IANAL. Who cares who pays for it.

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yeah thats what i figured, who cares who pays for it.

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According to the ATF.... It is NOT a straw purchase if YOU want to buy a gun for someone else such asa gift.

http://www.atf.gov/firearms/faq/2007shotshowfaq.htm#conduct04

What is a straw purchase?

A straw purchase occurs when the actual purchaser of the firearm solicits a middleman to conduct the transaction and complete the ATF Form 4473 in the middleman’s name. A straw purchase may occur when the actual purchaser of the firearm is ineligible to lawfully purchase the firearm or when the actual purchaser does not want a record of his or her purchase of the firearm.

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WOAH... Is ignorance of the law any excuse? While in the military, I can remember buying guns while stationed in some states and giving them to relatives as gifts in another state. These things happened in the 80's... Any statute of limitations on this?

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MSC 45ACP wrote:

WOAH... Is ignorance of the law any excuse? Any statute of limitations on this?

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Resurrecting a thread this old may be considered animating ZOMBIES.

In answer to your question, there is no statute of limitations. Go edit your post and delete any reference to those things that never happened but you were wondering about what might be the consequences if anybody ever did them.

stay safe.

skidmark

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1.  I'm not an attorney in NC and make no pretense about knowing anything about NC law; 



2.  Although I'm an attorney in Virginia, I'm not YOUR attorney, just giving a general opinion.



3.  You can buy a firearm as a gift, if you do it lawfully in the place where you live.  That's not a straw purchase, since you're buying it for your own personal purposes, IF the intended recipient is eligible to receive the firearm.



4.  You can transport your gun (and until you actually give it away, it remains your gun) unloaded and secured in a locked box or trunk in a portion of the vehicle not immediately accessible, irrespective of any state law to the contrary, while traveling from a place where you may lawfully own and possess the gun, to a place where you may lawfully own and possess the gun.



5.   Doug-with-numerals is correct.  People worry too much about what they're afraid the law is.  Wrap the gun up and take it to your Bro.  I would tell Bro. first, though, and make him check up on whether he's legally able to receive the gun in NC as a matter of NC law.

By the way, I wonder if the bride-to-be will enjoy the wedding gift?




Seemed worthwhile to reanimate the corpse, because so much of the stuff said already is hogwash.

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Sorry for being a necromancer, SkidBrother.

Thank you, User for your valuable input. I've bought several weapons over the years and given them to my father and brothers as gifts. We were all Virginia residents (because we were active duty military, stationed out of the state, and all claimed VA residency)at the time of the transactions.

Its all in the DISTANT past (20+ years) and I'm quite sure there is no problem with the transactions.