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Want to Gift a Gun to an Iowan

I am going to purchase a new firearm and so I thought I would give my brother my old .357 ...

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  #1  
Old 05-11-2009, 11:59 PM
srshadwi's Avatar
 

Join Date: Mar 2008
Location: Illinois
Posts: 82
Default Want to Gift a Gun to an Iowan

I am going to purchase a new firearm and so I thought I would give my brother my old .357 revolver so I could get him into shooting. He is a law-abiding citizen, but I do not know if there are any ownership requirements in Iowa that would preclude me from just handing over the weapon to him. Any insight would be great.

Thanks,
Steve
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  #2  
Old 05-12-2009, 08:19 AM
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Location: Iowa
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I live in Des Moines, Iowa. My sister in-law gave me a gun, I talked to the county sheriff and they told me that we write up a bill of sale and both of us keep a copy of it. And you can read about it in Iowa code 724 "724.15 ANNUAL PERMIT TO ACQUIRE PISTOLS OR REVOLVERS.

Any person who acquires ownership of any pistol or revolver shall first obtain an annual permit. An annual permit shall not be issued to any person unless:
The person is twenty-one years of age or older.
The person has never been convicted of a felony.
The person is not addicted to the use of alcohol or a controlled substance.
The person has no history of repeated acts of violence.
The person has never been convicted of a crime defined in chapter 708, except "assault" as defined in section 708.1 and "harassment" as defined in section 708.7.
The person has never been adjudged mentally incompetent.
Any person who acquires ownership of a pistol or revolver shall not be required to obtain an annual permit if:
The person transferring the pistol or revolver and the person acquiring the pistol or revolver are licensed firearms dealers under federal law;
The pistol or revolver acquired is an antique firearm, a collector's item, a device which is not designed or redesigned for use as a weapon, a device which is designed solely for use as a signaling, pyrotechnic, line-throwing, safety, or similar device, or a firearm which is unserviceable by reason of being unable to discharge a shot by means of an explosive and is incapable of being readily restored to a firing condition; or
The person acquiring the pistol or revolver is authorized to do so on behalf of a law enforcement agency.
The person has obtained a valid permit to carry weapons, as provided in section 724.11.
The person transferring the pistol or revolver and the person acquiring the pistol or revolver are related to one another within the second degree of consanguinity or affinity unless the person transferring the pistol or revolver knows that the person acquiring the pistol or revolver would be ineligible to obtain a permit.
The annual permit to acquire pistols or revolvers shall authorize the permit holder to acquire one or more pistols or revolvers during the period that the permit remains valid. If the issuing officer determines that the applicant has become disqualified under the provisions of subsection 1, the issuing officer may immediately invalidate the permit.
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Old 05-13-2009, 08:56 PM
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Location: Illinois
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Thanks
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Old 05-14-2009, 11:47 AM
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Join Date: Jul 2008
Location: Sunny South Florida
Posts: 260
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Be Careful.

I see that you show your location as Illinois and the transferee as in Iowa. You cannot transfer ownership of a firearm across state lines without a Federal Firearms License (FFL) with the only exception that I know of in the "willing" for said firearm from your estate.

To the best of my knowledge an exchange between living siblings does not create an exemption from this Federal requirement.

Your safe move would be to ship the firearm to an FFL in Iowa and have your brother pick it up from them. You may need to give it to an FFL in Illinois and have them ship to the Iowa FFL as many FFL's will not accept shipment from a private individual. Most FFL's do this for a small fee all the time, check with your local gun store.
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