Gun Transfer question

Discussion in 'Firearms' started by Witch Doctor 01, Dec 28, 2011.


  1. Witch Doctor 01

    Witch Doctor 01 Mojo Maker

    Bought my son a .357 magnum for his 21st birthday... he is stationed at Ft Carson with the tenth Special forces... What is the best (cheapest) way to send him the gun?

    (he's home but is currently 20 will turn 21 in a week so i believe sending it with him is out...

    Any thoughts?
     
  2. BTPost

    BTPost Old Fart Snow Monkey Moderator

    Since he can't legally Posses it Off-Base until after his Birthday, you will need to find an FFL local to him, that will do the transfer, and a local FFL to you, that will do the transfer, and they will need to communicate and exchange FFL Paperwork. Then his local FFL will do all the Required stuff, for that State, and Federal Statutes, and then legally transfer the weapon to him. OR, if he is still a Legal Resident in YOUR State, then he just needs to show back up, at the homestead and take possession of it in Person, directly from you, with documentation, that states that you are transferring possession to him, on the Date, and Time, and both your signatures. That is the Federal Requirement, and some protection, for you both, on a Face to Face transfer, assuming that your State allows Face to Face transfers. You could just give it to him, and as long as he doesn't get caught with it BEFORE his Birthday..... but I do NOT recommend that to anyone, because if you do get caught, it is Felony for BOTH of you, and you both lose your Gun Rights...... .....
     
  3. Witch Doctor 01

    Witch Doctor 01 Mojo Maker

    Nah i want to make sure it's legal... just don't want to pay additional fees involved in transfers through dealers... I was hoping that som one who knows the Army MWR system could let me know if i can send it through the rod and gun club with out additional fees....
     
  4. BTPost

    BTPost Old Fart Snow Monkey Moderator

    Not without a civilian FFL on your end, and a civilian FFL on the other end. the Base Gun Club may have an FFL registered to It, but the Military itself can't do a Civilian Transfer. There is no provision in the Federal Statute for that..... .
     
  5. Pax Mentis

    Pax Mentis Philosopher King Site Supporter

    If it was a long gun, you could send it yourself, but a pistol is going to require an FFL at both ends...
     
  6. Mountainman

    Mountainman Großes Mitglied Site Supporter+++

    BT & Pax,

    I thought that a non FFL could next day a handgun to a FFL for the transfer, or has that changed?
     
  7. BTPost

    BTPost Old Fart Snow Monkey Moderator

    To the OEM, Or GunSmith for repair, across State Lines, Yes, to anyone else, across State Lines Nope... With in your State, that depends on State Law..... That is for HandGuns Only... Long Guns are a different deal altogether....
     
  8. Quigley_Sharps

    Quigley_Sharps The Badministrator Administrator Founding Member

    Mountainman and BTPost like this.
  9. fedorthedog

    fedorthedog Monkey++

    There is no FFL requirement to send a gun just the receiver. It can also go to a licensed gun smith for repair and then be picked up
     
  10. Tikka

    Tikka Monkey+++

    As SF is not RA or Regular Army; I'd ask him.
     
  11. Alpha Dog

    Alpha Dog survival of the breed

    Does he have a buddy in the service with him that lives in your area who might be home for the holidays as well. Maybe his buddy could haul it back for him. Which honestly as long as he carried it in a lock box in the trunk of his vehicle and followed the rules of the road I dont think he would have a problem. Must of us County boy's and city guy's have a soft sport for our soldier's and wouldn't bother him if he did get pulled over. I cant tell you at the things I have over looked on traffic stops for a young soldier who has got some leave and out raising a little He!!.
     
  12. freedom first

    freedom first Monkey+

    He cannot purchase a firearm legally from an FFL licensed dealer until he is 21. But he can legally own at 18 by federal law. If your state allows face to face transfers within your state. Give him the gun with any paperwork that you deem necessary to cover both your a$$es to show the weapons was not stolen from you and was given to him as a gift. And he should be able to transport himself under federal transport/ peaceable journey laws.

    The only state that would even concern me at all as far transporting goes would be PRILL, (Peoples Republic of ILL).
     
  13. BTPost

    BTPost Old Fart Snow Monkey Moderator

    ONLY if he is still a LEGAL Resident in the parents Home State, otherwise it is NOT LEGAL to transfer the weapon to him, as a non- Resident, non-Lisensee, Under the Federal Statutes. YMMV..........
     
  14. Tikka

    Tikka Monkey+++

    Be real careful here because state laws can be tricky. After their father died one of my lady's friends here in NC wanted to give her brother who lives in NY State a WWII bring back P38.

    As the parent who brought it home once lived in NY State, the pistol had been registered there 40 or so years ago. The brother went to the NY State police who stated it was 100% legal for her to bring it back to NY State and give it to him.
     
  15. freedom first

    freedom first Monkey+

    CORRECT

    I am assuming 20 yrs old and still a resident of NC, just stationed abroad.
     
  16. Witch Doctor 01

    Witch Doctor 01 Mojo Maker

    Just turned 21 yesterday , NC resident, and stationed in Colorado
     
    Sapper John and BTPost like this.
  17. The Expendable

    The Expendable Bread and Circus Master

    Right, that was my understanding too. Anyone can send a gun, but the recipient must be an FFL.
     
  18. ColtCarbine

    ColtCarbine Monkey+++ Founding Member

    Do not send the handgun until he is 21, a FFL dealer can not transfer it to him until then.

    Your son needs to find out what the guberments policies/laws are concerning private ownership of firearms by military personnel , this I do not know.

    Since I do not know the laws of your state, you need to check your state laws concerning shipping firearms.

    Federal law (ATF) does not prohibit private parties (non-FFL) from shipping any firearm (except Class 3) to a FFL dealer.

    I have purchased and sold numerous firearms (long gun and handgun) over the Internet through auction sites and gun forums.

    Not once did I use a FFL dealer to send a firearm. However, a FFL dealer must be used on the receiving end of the transaction.

    Keep in mind I reside in the Free state of Oregon concerning firearms.

    Do your homework concerning your state laws, the ATF does not prohibit private parties from shipping w/o a FFL dealer, a FFL dealer is required on the receiving end.

    If you decide to ship it, make sure to buy Insurance.
     
  19. ColtCarbine

    ColtCarbine Monkey+++ Founding Member

    ATF does not require private parties to use a FFL to ship, just to receive.
     
  20. GrandpaDave

    GrandpaDave Monkey++

    Have him go to a local gun shop... ask them if they can handle the transfer... normally it's no biggie... they might charge $50 bucks or so... we FFL holders do that all the time...

    anyway once he finds one to do it for him... they will give him all the peculiars and how to ship and where too... that's his end of things
     
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