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Started By
Message
Gifting my son a handgun ?
Posted on 3/26/24 at 9:04 am
Posted on 3/26/24 at 9:04 am
My Son lives in Texas, me in Louisiana . I would like to gift him a handgun and as I understand, this is no problem in either state for folks that live within the state - but him taking the handgun and traveling to Texas violates the Federal Transfer laws across state lines ? It must be done using an FFL I guess in both states . I understand it’s not a law that you must use an FFL in both states, just one in Texas but many will not accept a handgun if it does not come from another FFL. For,those that know, is this an accurate interpretation ? Thanks
20
Posted on 3/26/24 at 9:15 am to kew48
I don't have an answer for you, sorry... But does that mean if I wanted to hand down a pistol that my father gave me in LA to my son who lives in Texas, I would have to go thru an FFL?
ETA- It seems most of these gun laws only apply to and cause harassment for the law-abiding citizen..
ETA- It seems most of these gun laws only apply to and cause harassment for the law-abiding citizen..
This post was edited on 3/26/24 at 9:18 am
Posted on 3/26/24 at 9:28 am to kew48
Is he coming to Louisiana any time soon?
Posted on 3/26/24 at 9:40 am to kew48
yes if crossing state lines you are supposed to use an FFL. if both parties live in the same state no FFL. you are correct that, although not required, a lot of FFLs want to only receive guns from other FFLs. pending current rules with major carriers, which I am unfamiliar with, you may even need an FFL to ship the firearm nowadays anyway. not following the rules and giving it to him next time you see him is a risk but would likely only be an issue if the firearm came under scrutiny by law enforcement.
Posted on 3/26/24 at 9:41 am to kew48
I would stop posting about it online and give him the gun. Neither state is going to know or really care where it came from.
Posted on 3/26/24 at 9:42 am to kew48
you mean you sold your son a handgun in la?
Posted on 3/26/24 at 9:44 am to RATeamWannabe
quote:
you mean you sold your son a handgun in la?
This guy gets it.
Posted on 3/26/24 at 9:54 am to RATeamWannabe
quote:
you mean you sold your son a handgun in la?
still not technically legal if he is a TX resident. would be if it were a long gun.
Posted on 3/26/24 at 9:59 am to Fat Batman
quote:
till not technically legal if he is a TX resident. would be if it were a long gun.
Not illegal if he didn't knowingly sell it to an out of state resident. Maybe he doesn't know where his son lives.
Posted on 3/26/24 at 10:04 am to kew48
Just give him the gun. I've never had any type of law enforcement ask me where I got a gun from. And there have been multiple occasions that I've told them I had a gun in the truck.
Posted on 3/26/24 at 10:06 am to kew48
Just lose it while fishing. It doesn't say you can't find a firearm and return to your state with it 
Posted on 3/26/24 at 10:09 am to kew48
quote:
violates the Federal Transfer laws across state lines ? It must be done using an FFL I guess in both states .
People actually pay attention to this?
Just give him the gun
Posted on 3/26/24 at 10:15 am to Jon A thon
quote:
Not illegal if he didn't knowingly sell it to an out of state resident. Maybe he doesn't know where his son lives.
sure maybe OP could use that excuse to cover his arse, although doubtful it would hold up, but the son knows where he lives so his arse isn't covered. also no need for the charade of buy vs gift if thats your strategy.
Posted on 3/26/24 at 10:17 am to REB BEER
quote:
I've never had any type of law enforcement ask me where I got a gun from.
thats bc an event would be rare. however, something like if the gun was stolen and used in a crime or the gun is used to shoot someone on purpose or accident then the gun would likely be traced and that could create an issue for the son and OP.
Posted on 3/26/24 at 10:42 am to Fat Batman
I don't keep up with these gun laws but couldn't he just hand it to his son and tell him he can keep it as long as he wants? And then when dad passes away it just becomes his?
Posted on 3/26/24 at 10:58 am to REB BEER
i think this is the relevant rule:
i think "otherwise obtained" covers any cleverness mentioned here. theres more here: LINK
quote:
(a)It shall be unlawful—
...
(3)for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;
i think "otherwise obtained" covers any cleverness mentioned here. theres more here: LINK
Posted on 3/26/24 at 11:10 am to JDPndahizzy
The only exception to the federal law and it’s specifically written is if someone inherits the gun thru death with a probated will or an executor of a will. A person can then transport the gun across state line .
Posted on 3/26/24 at 11:10 am to Fat Batman
Yes, that’s the applicable law !
Posted on 3/26/24 at 11:13 am to Fat Batman
This sounds correct ! I guess the risk is if the gun was used in some way where the law became involved and the ATF got involved
Posted on 3/26/24 at 11:18 am to kew48
right, whether or not you and your son want to incur that risk is up to yall.
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