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October 13th, 2013, 09:31 AM #1Active Member
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transfer question for "Legal eagles"
Hi,
Is there is a legal way to complete the transfer of a gifted gun through an FFL, across a state line, without the willing participation of the gifter, and without the possibility of some sort of blowback on him.
The "gifter" is (way) to the right of the tea Party) and i put the possibility of getting him to an FFL to complete the transfer legally at about 0%, or less.
I suspect I will have to just refuse any gifts, but I want to operate on certainties and not suspicions. And YES, I am aware that transferring such guns across state lines without a legal transfer is a crime.
I appreciate any insight.
ADDED LATER:
Many thanks to all who provided me with the benefit of their experience. I now have my answer.
TParrishLast edited by TParrish; October 14th, 2013 at 06:12 AM. Reason: I now have my answer.
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October 13th, 2013, 09:45 AM #2
Re: transfer question for "Legal eagles"
I believe it would be hypothetically possible if the "gifter" were deceased, and the "gift" were part of the estate disposition.
I know PA statute places the legal burden on the transferror (the gifter), but with you being very clear on the law, and willingly participating, there may be some liability for you as well, as part of a "conspiracy".
I'm unclear on how federal law factors into your proposed scenario, though even if it mirrors PA law, I would expect the potential "conspirator" angle to still be in play.Get your "Guns Save Lives" stickers today! PM for more info.
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October 13th, 2013, 09:56 AM #3Active Member
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October 13th, 2013, 10:23 AM #4
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October 13th, 2013, 11:58 AM #5
Re: transfer question for "Legal eagles"
I presume your question is concerning non-involvement of the donee (gift recipient) as opposed to the donor ('gifter' [sic]). I assume that the donee is neither an LEO or FFL himself.
As has been pointed out, short of the donor's death and transfer through an estate distribution, there is no way to complete a legal interstate transfer without the involvement of an FFL. The FFL's subsequent transfer does require the donee's direct involvement/cooperation to complete, at a minimum, an ATF 4473 and provide satisfactory ID.IANAL
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October 13th, 2013, 12:34 PM #6
Re: transfer question for "Legal eagles"
Hi,
Is there is a legal way to complete the transfer of a gifted gun through an FFL, across a state line, without the willing participation of the gifter, and without the possibility of some sort of blowback on him.
The "gifter" is (way) to the right of the tea Party) and i put the possibility of getting him to an FFL to complete the transfer legally at about 0%, or less.
I suspect I will have to just refuse any gifts, but I want to operate on certainties and not suspicions. And YES, I am aware that transferring such guns across state lines without a legal transfer is a crime.
I appreciate any insight.
????????? If that ^ is intelligible to others, I am feeling REALLY stupid.
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October 13th, 2013, 12:48 PM #7
Re: transfer question for "Legal eagles"
The gift giver doesn't actually need to go to the FFL, he can ship the firearm to the FFL (assuming you know one that accepts shipments from non-FFL holders) and then when it arrives, the recipient of the gift shows up to do the legal transfer. Even if he does go to the FFL to deliver the firearm, I don't believe there's any real involvement from him needed. He simply gives the gun to the FFL saying it's a gift to the recipient, recipient fills out the needed paperwork and pays the FFL.
I've never sold a firearm, so someone correct me if I'm missing something here, but I think paperwork for a private transfer only involves the buyer.
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October 13th, 2013, 12:56 PM #8
Re: transfer question for "Legal eagles"
RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515, SteveWag
Don't end up in my signature!
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October 13th, 2013, 01:15 PM #9Active Member
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Re: transfer question for "Legal eagles"
I realize it is vague and odd, I was trying to ask a specific question without telling a long, rambling tale.
Here's another way of saying it.
A guy in MD is making noises about giving me some guns, and I live in PA.
Maryland-Guy hates the government, and most likely will not fill out forms for a FFL.
I really wanted to know if there was a way I could take them to an FFL and make receiving them legal. I doubted that it was possible, and wanted to verify my suspicions. That's the best I can do to explain it.
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October 13th, 2013, 01:17 PM #10Active Member
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