Family member has Federal Firearms Licence in NC I live in FL
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Thread: Family member has Federal Firearms Licence in NC I live in FL

  1. Post Family member has Federal Firearms Licence in NC I live in FL

    What paperwork would need to be completed for a transfer of ownership of a pistol in NC to myself a resident of FL? Father has his firearms licences and lives in NC and is giving me a gun but I am not sure what I need to do to take it to Florida.

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  3. #2
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    If you father has a FFL, then he should be able to direct you on how to do this properly.

    Quite frankly, he may ship it to a FFL of your choice in FL. Once in FL, that FFL will run the background checks, do the paperwork, collect the fee from you and you (as long as all goes well) walk out the door with your gun.

    Or.... since it is a firearm that your father is gifting to you, you may visit him in NC, he may hand it to you and you may take it to FL, as long as you are legal to transport your own firearm.
    "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well armed lamb contesting the vote."
    ~ Benjamin Franklin (maybe)

  4. Thanks for the feedback. He has had his FFL for about 40 years now and just buys a couple guns every so often to keep it active. He is not an active seller and he is definitely not up to speed on cross state line sales. But sounds like it is not that big of a hassle coming to Florida.
    Thanks again!

  5. #4
    Quote Originally Posted by NC_native View Post
    Thanks for the feedback. He has had his FFL for about 40 years now and just buys a couple guns every so often to keep it active. He is not an active seller and he is definitely not up to speed on cross state line sales. But sounds like it is not that big of a hassle coming to Florida.
    Thanks again!

    In NC you must have a pistol purchase permit from the county sheriff of the county where the transfer is to take place or the sheriff of your county of residence to transfer ownership of a handgun, even among family members. That include purchases, gifts, and inheritance. You are exempt from this requirement if you as the receiver have a North Carolina concealed handgun permit. It has to be a NC permit, having a permit from another state, even if that state's permits are recognized by NC, will not do for this. Sheriffs will not grant purchase permits to non-NC residents, so since you are a resident of Florida you will need to have the gun shipped to an FFL in Florida.

  6. #5
    Quote Originally Posted by wolf_fire View Post
    Or.... since it is a firearm that your father is gifting to you, you may visit him in NC, he may hand it to you and you may take it to FL, as long as you are legal to transport your own firearm.
    And the father would violate Federal law, 18 USC 922 (b)(3) and several other Federal firearms laws since he has an FFL. If the father did not have an FFL he would violate 18 USC 922 (a)(5) - and irregardless of the father's FFL, the son would violate Federal law, 18 USC 922 (a)(3). Repsectfully, if you don't know for certain what the law says, you should not give advice, especially when Federal crimes would be committed.

    Any transfer of a gun from a resident of one State to a resident of another will involve issues of both state law and federal law.

    I've posted this numerous times, but here is the whole federal law story on interstate transfers of firearms (not including the rules for those with Curio and Relic licenses and the subject of dual residency):

    1. Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.).
    2. In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.
    3. In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence.C] In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.
    4. There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.
    5. The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).
    6. Here's what the statutes say:
      Quote:
      18 U.S.C. 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, 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;
      ...

      (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; except that this paragraph shall not apply to
      (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and

      (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
      ....

      (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
      ...

      (3) any firearm to any person who the licensee 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 licensee's place of business is located, except that this paragraph
      (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and

      (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
      ...
    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.

  7. #6
    The ONLY answer, in order to comply with Federal law, is for the father to mail the gun to a Florida FFL for transfer to the son in Florida. Or to die and leave the gun in a will, or to die and the court to order the gun to go to the son with no will.
    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
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    Agreed Navy.

    If however, the firearm is neither registered in NC or FL, then how in the world would anyone know if this particular firearm was Dad's or the son's? I'm not trying to be smart, I'm just curious. I know FFL's must keep their records for 20 years, but if the firearm was older than that, truly there would be no record of ownership.
    "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well armed lamb contesting the vote."
    ~ Benjamin Franklin (maybe)

  9. #8
    Quote Originally Posted by wolf_fire View Post
    Agreed Navy. If however, the firearm is neither registered in NC or FL, then how in the world would anyone know if this particular firearm was Dad's or the son's? I'm not trying to be smart, I'm just curious. I know FFL's must keep their records for 20 years, but if the firearm was older than that, truly there would be no record of ownership.
    If the firearm was part of the father's personal collection and not business, then the chances of getting caught would be slim to none. If the firearm is part of the father's inventory, then it will be in his bound book from when he received it and it will have to be logged out of his bound book when it is transferred which would be illegal to do to an out of state resident if it is a handgun.
    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.

  10. #9
    and to think in NC they say there is no law requiring registration of any gun. imo (not the law), if someone wants to gift a weapon to his own child, then its no ones business. this is just a different way of sayin the same old thing, "gun control". but as a legal ccwp holder i wont break the law intentionally. 2nd amendment says we have the right to bear arms, afaik doesnt say how or where we have to bear them.

  11. #10
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    Quote Originally Posted by NavyLCDR View Post
    If the firearm was part of the father's personal collection and not business, then the chances of getting caught would be slim to none. If the firearm is part of the father's inventory, then it will be in his bound book from when he received it and it will have to be logged out of his bound book when it is transferred which would be illegal to do to an out of state resident if it is a handgun.
    As always, thanks for the info.
    "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well armed lamb contesting the vote."
    ~ Benjamin Franklin (maybe)

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