Transfer of ownership
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Transfer of ownership

This is a discussion on Transfer of ownership within the General Firearm Discussion forums, part of the Main Category category; If my father owns a handgun and wants to give it to me as a gift, what do I need ...

  1. #1
    Join Date
    Jun 2011
    Location
    South Carolina
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    36

    Default Transfer of ownership

    If my father owns a handgun and wants to give it to me as a gift, what do I need to do to transfer the ownership? He lives and purchased the gun in a different state than me.

  2. #2
    Join Date
    Jun 2011
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    Arizona
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    Default

    It would really depend upon your state laws that govern the sale and/or trade. I know kalifornia would want a full scale transfer and a waiting period. Arizona on the other hand all you do is say thank you shake hands and take your firearm home.
    The Second Amendment is not about Hunting!!
    When the Government is afraid of of it's People, This LIBERTY
    When the People are afraid of the government, That is TYRANNY

  3. #3
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    Jun 2011
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    Arizona
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    Default

    I forgot to ask; Is the firearm registered?
    The Second Amendment is not about Hunting!!
    When the Government is afraid of of it's People, This LIBERTY
    When the People are afraid of the government, That is TYRANNY

  4. #4
    Join Date
    Jun 2011
    Location
    South Carolina
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    36

    Default transfer

    Yes the firearm is registered and will be going from PA to SC. I would assume I just go to a local handgun store and pay a fee to have the register it in my name

  5. #5
    Join Date
    Apr 2011
    Location
    MA
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    787

    Exclamation

    HOLD UP - NOT CORRECT INFO ABOVE. It has to go through an FFL in the state of the recipient:

    An individual who does not possess a federal firearms license may not sell a firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser`s state. Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor`s state of residence.
    Source: NRA Institute for Legislative Action

    (Also - I had to deal with something like this recently.)
    S&W M&P 45; Ruger GP100 .357 Magnum; Charter Arms .38 Undercover
    http://www.usacarry.com/forums/members/phillip-gain-albums-phil-s-photos-picture3828-reciprocity-map-29jun11.JPG

  6. #6
    Join Date
    Jan 2009
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    6,194

    Default

    1. The gun is not registered in Pennsylvania. There is no firearms registration in Pennsylvania.

    2. Unless both persons were residents of the state of Arizona, it would violate Federal law to shake hands and say thank you for the gun, both the father and the son would be committing their own separate felonies if the father was a resident of PA and the son was a resident of Arizona.

    3. Since the son is resident of South Carolina, and the father is a resident of Pennsylvania, Federal law (18 USC 922 (a)(3) and (a)(5)) requires that the father deliver the handgun to an FFL in South Carolina who will then transfer the handgun to the son. This has absolutely nothing to do with firearms registration as neither South Carolina, Pennsylvania, nor the Federal government registers firearms. It is 100% because the interstate transfer of firearms is regulated by the Federal government.

    4. The father can hand carry the gun to a South Carolina FFL. The father can ship the gun to a South Carolina FFL via FEDEX or UPS. The father can take the handgun to a Pennsylvania FFL who can use US Postal Service to mail the handgun to a South Carolina FFL. All legal options.

    5. The son fills out a form 4473 at the South Carolina FFL, gets a NICS background check done and receives the firearm. Filling out a form 4473 does NOT register the gun. Firearms registration in all but about 4 or 5 states in the US is a complete myth.
    Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman. Amerika: a place where the serfs are afraid of the action the police may take against them for perfectly legal behavior.

  7. #7
    Join Date
    Jun 2011
    Location
    South Carolina
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    36

    Default transfer

    Even if it is a gift from my father? It's not a party to party sale, he is simply buying the firearm in PA and giving it to me in SC.

  8. #8
    Join Date
    Jun 2011
    Location
    South Carolina
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    Default transfer

    Sorry I didnt read the last post. I guess I was right by thinking that after my dad receives the handgun, he can travel here to SC and we go to my local FFL and do the transfer.

  9. #9
    Join Date
    Apr 2011
    Posts
    202

    Default

    EDIT: question answered in another thread. Nevermind!

  10. #10
    Join Date
    Jun 2011
    Location
    Arizona
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    Default

    Sorry for the mishap, yes I was referring to both parties being from Arizona.
    The Second Amendment is not about Hunting!!
    When the Government is afraid of of it's People, This LIBERTY
    When the People are afraid of the government, That is TYRANNY

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