HANDGUN AS GIFT

[BUZZ2002]

D E L E T E

[knight0334]

Sure, as long as its transferred at a FFL or Sheriff.

Unless they are a spouse, parent, child, grandchild, or grandparent - the firearm is required to be transferred at a FFL or sheriff. The person transferring the firearm is in violation of law, the gun could then be taken from you if discovered and then returned to the "rightful" owner. Conspiracy charges could apply if you did so willfully to violate the law.

To transfer it into your name- give it back to the lawful owner and meet him/her at a FFL to do the paperwork and background check. He/she will fill out the seller's section of the PSP's form, you will fill out the transferee's section.

[axmdr40]

Well then the transfer to him was illegal

[knight0334]

ok but we do not know where the guy who gave it to him is or if he's even alive anymore. now what

ick ack!

hmmm.. ..maybe a sneaky round-a-bouts transfer from the last guy to you, or from you to yourself?.

Similar situations have been brought up before. I cant remember which exact threads for you to check out, however I'm sure one of the others will post more info on the subject.

[thundrr1]

First question should be ,,,,,, when was it given to your "non blood family member"???? It may have been before any sort of FFL's.

George

[thundrr1]

Well,,,, I have a situation that my Father In Law left a gun to my MIL and she gave it to my wife ,,,,,,, who gave it to me. The FIL passed away in 1987 and the MIL gave it to the wife in 1987 and the wife gave it to me in 2000. So,,,,, it becomes a chain of events that leads to me getting a gun from a non blood relative,,,,,,, The circumstances may determine if it's legal of not.

George

[gnbrotz]

ok but we do not know where the guy who gave it to him is or if he's even alive anymore. now what

It doesn't matter. The missing/possibly dead guy is the one who broke the law. Being the recipient of a non-legally-transferred firearm is not a crime. The prior history of the firearm is irrelevant (unless it was stolen or used in a crime).

Simply take it to a dealer and transfer it from the current owner (your non-blood relative) to you.

[gnbrotz]

Well,,,, I have a situation that my Father In Law left a gun to my MIL and she gave it to my wife ,,,,,,, who gave it to me. The FIL passed away in 1987 and the MIL gave it to the wife in 1987 and the wife gave it to me in 2000. So,,,,, it becomes a chain of events that leads to me getting a gun from a non blood relative,,,,,,, The circumstances may determine if it's legal of not.

George

FIL to MIL (husband to wife) - Legal (no 'transfer' required)
MIL to your wife (mother to daughter) - Legal (no 'transfer' required)
Your wife to you (between spouses) - Legal (no 'transfer' required)

You did not receive this from a non-blood relative (your FIL). You received it from your spouse, which is permitted by law.

[gnbrotz]

so if i understand this right we can just go & transfer into my name with him as the transferer & me the transferee ?
and this will make the gun now legal

The gun is already "legal." Doing what you described above is the legal way to transfer ownership to you. You haven't mentioned your age. You need to be 21 or older to legally have this firearm transferred to you by a FFL.

[Xringshooter]

Buzz, you wrote:

"what if by chance the origional owner reported it stolen?"

If he did and you know he did, then it needs to go back to the person it was given to before you got it and he would have to figure out how to turn it in to the police.

"is there a way to find that out"

If you have a law enforcement officer as a very good friend you might ask him if he could run the serial number to see if it is on any stolen/missing report/list.

If it's not on any list, then you and the guy that gave it to you need to head down to the local FFL to get it transferred to you.