Transferring handguns to my adult children in Texas & Oklahoma
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Thread: Transferring handguns to my adult children in Texas & Oklahoma

  1. Transferring handguns to my adult children in Texas & Oklahoma

    I am visiting my children in Texas and Oklahoma and I brought some handguns with the intent of giving them the weapons. My question is do we need to complete any paperwork to make everything legal? I am getting conflicting answers in my web search, and I don't want to run afoul of interstate transfer requirements.
    Thanks

  2.   
  3. texas

    I called the police dept.in Texas to ask if I needed to do anything when I sold my gun to a frend they said I didn't need to do anything just record who I sold it to .
    That was it

  4. #3
    Join Date
    Jul 2010
    Location
    Houston Metro Area, Texas
    Posts
    3,004
    If you are physically delivering the weapons to your children, and not shipping interstate I do not think that would be an issue, who is to say they did not have them already.

  5. #4
    Join Date
    Apr 2011
    Location
    Sandpoint, Idaho
    Posts
    1,315
    If you are giving them as gifts, you only need to make sure they are legally able to possess weapons.

    If you intend to sell them, to be legal you would need to go through an FFL.

  6. #5
    You can't buy guns for a minor in Oklahoma, so I would assume you can't gift them one either. Of course, all of us buy our kids their first .22 rifle or pistol and shotguns anyways. This is a question on the form you fill-out when buying a gun here; that it is not to be bought for a minor. I think its great that you are giving them something they will treasure for a lifetime and will pass down to their kids and their kids, kids. We all do it here.

  7. #6
    Folks, if the OP is not a resident of Texas or Oklahoma, as his/her children are, in order for the transfer to comply with Federal law, the guns must be transferred to the children via an FFL in their home state of residence (Texas or Oklahoma). If not, tootall commits a Federal felony violating 18 USC 922 (a)(5) and each adult child receiving the firearm commits a Federal felony violating 18 USC 922 (a)(3).

    Read the code quoted below. There is no exception/difference for gift v. sale, there is no exception/difference for family member or complete strangers.

    United States Code: Title 18,922. Unlawful acts | LII / Legal Information Institute

    922. Unlawful acts

    (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

    (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides;
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  8. #7
    Quote Originally Posted by james53 View Post
    I called the police dept.in Texas to ask if I needed to do anything when I sold my gun to a frend they said I didn't need to do anything just record who I sold it to .
    That was it
    If you both were residents of Texas, that would be correct. If you were residents of different states, you both violated Federal laws. See post above.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  9. If you do not live in TX. or OK., you may not transfer a handgun without going thru a FLL in the state your children live in. It does't matter if they are you children. The only way you can transfer a handgun without going thru a FFL, is if the person lives in the same state you live in.

  10. #9
    Join Date
    Apr 2011
    Location
    Sandpoint, Idaho
    Posts
    1,315
    Quote Originally Posted by NavyLCDR View Post
    Folks, if the OP is not a resident of Texas or Oklahoma, as his/her children are, in order for the transfer to comply with Federal law, the guns must be transferred to the children via an FFL in their home state of residence (Texas or Oklahoma). If not, tootall commits a Federal felony violating 18 USC 922 (a)(5) and each adult child receiving the firearm commits a Federal felony violating 18 USC 922 (a)(3).

    Read the code quoted below. There is no exception/difference for gift v. sale, there is no exception/difference for family member or complete strangers.

    United States Code: Title 18,922. Unlawful acts | LII / Legal Information Institute

    922. Unlawful acts

    (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

    (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides;
    Well, there you go. You better do it all through an FFL.

  11. #10
    Join Date
    Jul 2010
    Location
    Houston Metro Area, Texas
    Posts
    3,004
    Who is to say while visiting you in your state you gave them the weapons, just saying.

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