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Discussion Starter · #1 ·
Simple question…Dad lives in Kentucky. His son lives in Texas. Dad gives son one or more firearms, handguns, while son is visiting in Kentucky. Son is not prohibited from buying or owning said handguns. Son drives back to Texas. Have they broken the law?

For legal purposes, asking for a friend. Hypothetically of course. 😬
 

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Well my uneducated guess is it was a gift he didn’t buy it so he might be good. I think I’d still ship it back to my buddy who’s an FFL and pay him the $20 fee just to be safe?
 

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Is dad allowed to transfer ownership to someone who lives out of state?
 

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"If you want to make a gift of a firearm to someone outside of your home state, you must take the firearm to an FFL and arrange to have it sent to an FFL in the gift receiver’s home state. Both the gift giver and the gift receiver will want to make sure this transaction happens through the proper channels of an FFL, even though there is no sale occurring. Both parties are guilty of a Federal Felony punishable by up to 5 years in prison and a $5,000 fine if a direct transfer is made without using FFLs. "
 

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Discussion Starter · #7 ·
And

"If you want to make a gift of a firearm to someone outside of your home state, you must take the firearm to an FFL and arrange to have it sent to an FFL in the gift receiver’s home state. Both the gift giver and the gift receiver will want to make sure this transaction happens through the proper channels of an FFL, even though there is no sale occurring. Both parties are guilty of a Federal Felony punishable by up to 5 years in prison and a $5,000 fine if a direct transfer is made without using FFLs. "
That‘s what I thought brownie.

Im being a little tongue in cheek. But truthfully, pops is gifting me his collection next time I’m visiting. I’ve been meaning to check into this. That’s pretty much what I figured we’d need to do. But never hurts to ask. I get it. Who’d know if I just tossed them in the trunk and drove home. But I’d also hate to be afoul of the law doing so.

Just sucks. We’re talking no small collection. This ain’t gonna be cheap. :mad:
 

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And

That‘s what I thought brownie.

Im being a little tongue in cheek. But truthfully, pops is gifting me his collection next time I’m visiting. I’ve been meaning to check into this. That’s pretty much what I figured we’d need to do. But never hurts to ask. I get it. Who’d know if I just tossed them in the trunk and drove home. But I’d also hate to be afoul of the law doing so.

Just sucks. We’re talking no small collection. This ain’t gonna be cheap. :mad:
Cheaper that BUYING the firearms in the collection! 🤪
 

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And

That‘s what I thought brownie.

Im being a little tongue in cheek. But truthfully, pops is gifting me his collection next time I’m visiting. I’ve been meaning to check into this. That’s pretty much what I figured we’d need to do. But never hurts to ask. I get it. Who’d know if I just tossed them in the trunk and drove home. But I’d also hate to be afoul of the law doing so.

Just sucks. We’re talking no small collection. This ain’t gonna be cheap. :mad:
I was just thinking "how would anyone know?" if neither state has registration requirements or keeps track of who owns what.
I guess it would still be better to do it legally just in case something changes in the future and one of you is required to explain where they came from of where they went.
 

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I was just thinking "how would anyone know?" if neither state has registration requirements or keeps track of who owns what.
I guess it would still be better to do it legally just in case something changes in the future and one of you is required to explain where they came from of where they went.
Well if one got rear-ended on the way back to their state of residence. . . :unsure:
 
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"If you want to make a gift of a firearm to someone outside of your home state, you must take the firearm to an FFL and arrange to have it sent to an FFL in the gift receiver’s home state. Both the gift giver and the gift receiver will want to make sure this transaction happens through the proper channels of an FFL, even though there is no sale occurring. Both parties are guilty of a Federal Felony punishable by up to 5 years in prison and a $5,000 fine if a direct transfer is made without using FFLs. "
Could the original owner not ship it directly to the recipient's FFL so that delivery could be completed there? I mean, that's what manufacturers do. They ship it directly to the recipient's FFL. Of course, I'd be sure to receive a valid copy of the FFL's ticket before I shipped it there, but...
 

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Discussion Starter · #13 · (Edited)
Well if one got rear-ended on the way back to their state of residence. . . :unsure:
Ah ha! Someone who knows how my luck works! 😆


As I say, I’ve been meaning to dig into this for awhile. In fact, the original plan was for me to drive up there and fetch them last summer. Covid had different plans.

I was relatively certain this was the PROPER way to go, I just couldn’t be certain there wasn’t an exception for gifting. If it were just one or two items, I’d probably not be terribly concerned. Even though technically I should. But we’re talking a couple shotties, 3 or 4 rifles (no tax stamp stuff) and about 8 or 9 handguns. Having a bad day crossing state lines as BH mentioned with a trunk full of weaponry (and ammo likely) is the kind of thing that makes you famous in a bad way on the news. Driving them is probably a bad idea no matter what.


We’ll probably piecemeal it a few at a time to keep the bulk cost from upsetting the bank account all at once. There’s no hurry.

ETA…the shotties are likely mine from my youth. I’m going up for the holidays. Those are coming back in my trunk.
 

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Since were are all speaking hypothetically, and none of us would commit federal felonies…if you were to get rear ended going back to your home state with a truck full of weapons and it was discovered by LE, and since there is no registration or way to track them, what’s to say the answer would be be “those are my legally owned weapons I brought from my state of Texas to take with me on a trip to Kentucky to visit my father and go shooting with them, I’m coming back from his house heading back home officer.” How would they prove otherwise assuming all guns were legal to begin with. :unsure:

Not advocating anyone should ever do this, lie or commit any other kind of felonies/misdemeanors or want to open this can of worms and the aggravation that might come with it, just asking for a friend too.
 

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Could the original owner not ship it directly to the recipient's FFL so that delivery could be completed there? I mean, that's what manufacturers do. They ship it directly to the recipient's FFL. Of course, I'd be sure to receive a valid copy of the FFL's ticket before I shipped it there, but...
Its my understanding the ffl would have to log it into his books, then transfer it ffl to ffl [ pretty sure that's the rules for ffls.
 

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Since were are all speaking hypothetically, and none of us would commit federal felonies…if you were to get rear ended going back to your home state with a truck full of weapons and it was discovered by LE, and since there is no registration or way to track them, what’s to say the answer would be be “those are my legally owned weapons I brought from my state of Texas to take with me on a trip to Kentucky to visit my father and go shooting with them, I’m coming back from his house heading back home officer.” How would they prove otherwise assuming all guns were legal to begin with. :unsure:

Not advocating anyone should ever do this, lie or commit any other kind of felonies/misdemeanors or want to open this can of worms and the aggravation that might come with it, just asking for a friend too.
If they run the serial numbers while inventorying the weapons to determine they weren't stole, "those are my legally owned weapons I brought from my state of Texas" isn't going to fly and most likely would result in their giving you a ride.

That would be even a bigger mess to explain how they are yours but bought by the father. Not worth the risk in my world. Id be prone to tell them my father loaned me a few guns [ that way when they run the serial numbers, they come back to dad as expected. A loan of a firearm is not a transfer.

I can loan anyone who's not a prohibited person any firearm I want to loan them.
 

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Could the original owner not ship it directly to the recipient's FFL so that delivery could be completed there? I mean, that's what manufacturers do. They ship it directly to the recipient's FFL. Of course, I'd be sure to receive a valid copy of the FFL's ticket before I shipped it there, but...
Wouldn't a manufacturer be an FFL?
 

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Its my understanding the ffl would have to log it into his books, then transfer it ffl to ffl [ pretty sure that's the rules for ffls.
I checked with my FFL. Apparently, it is up to the discretion of the receiving FFL as to whether or not they'll accept a shipment directly from an individual customer and not an FFL--> FFL transfer.. My FFL does accept such shipments directly from an individual, as long as they include a copy of their Driver's License with the shipment.
 
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