imported post
gunman wrote:
no permit required,but i would get a bill of sale just in case it is stolen,and if so you can still be charged with recieving stolen property.
BATFE Federal firearms regulations allows fortransfer of a firearm by an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law....CFR 478.29 and 478.30. A person may only acquire a firearm within the persons own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at the 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. CFR 478.29 and 478.30.
Now here's the kicker. Missouri State law allows for transfer of firearms except to criminals, an intoxicated person, a person under 18 etc.
Code Section
571.080 Transfer of concealable firearm without permit unlawful-Exceptions...
1. A person commitsthe crime of transfer of a concealable firearm without a permit if:
(1) He buys, leases, borrows, exchanges or otherwise receives any concealable firearm , unless he first obtains and delivers to the person delivering the firearm a valid permit authorizing the acquisition of the firearm, etc. etc.
In Missouri, any firearm with a barrel length of 16" or less is considered to be a concealable weapon.
So, if you intend to transfer a pistol to your friend in Missouri, you need a Concealed Carry Endorsement. If you are transferring a rifle or shotgun to a friend or relative, you don't.
When transferring a firearm it is always a good idea to record and keep as a permanent record alongwith a bill of sale. ATF Form 4473 is not used by unlicensed persons transferring a firearm. that form is only for licensed FFL's.
You are not required to keep any record of the transfer but it is wise to do so. In reality, when you purchase a new or used gun from a licensed FFL dealer, the dealer will contact NICS (FBI) for a background check. The government does not keep these records and are not allowed to for more than I believe 18 months at least for now. The licensed FFL dealer though must keep records of all firearms transactions and must maintain the records for 20 years. Each year FFL's get audited by BATFE to make sure they are keeping their bound books in order. For this reason and this reason only, you can re-register the firearm with a licensed FFL (for a fee). Should the firearm be lost or stolen, at least someone will have a record. Of course BATFE recommends this be done but it is not required by Federal or Statelaw.