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Firearms transfer...

drsysadmin

Regular Member
Joined
Jun 5, 2014
Messages
126
Location
WNC
Well met. I have a question for you all concerning Ohio law. My lady and I will be travelling to Ohio right after Christmas to visit her family. Her brother is going to give her a handgun as a gift. In NC, to receive such a gift requires her to first obtain a purchase permit from the local authorities. Not a problem. If I read Ohio law correctly, there is no mandate for any action on her part (or that of her brother) necessary. Such a transfer can occur without any documentation being required. Do I have that right? Thanks for the assistance.
 

JediSkipdogg

Regular Member
Joined
Sep 10, 2012
Messages
139
Location
Batavia
So she lives in North Carolina and the brother lives in Ohio? If so, then it must go through an FFL in North Carolina to be legal. This is federal law, not Ohio law. Ohio allows private party transfers, but federal law prohibits transfer (selling) of handguns across state lines to residents of different states.
 
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color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,958
Location
Cincinnati, Ohio, USA
Outside State of Residency - A person may not receive a HG from a non-licensee who resides in another State, except by Will or Intestate succession, § 922 (a)(5)(A) giver, § 922 (a)(3)(A) receiver.

Is it a gift from brother?

If the gun was a family members who is deceased it can transfer without a FFL.

If the brother actually purchased the gun from a FFL then the transfer must go through a FFL.
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
steps

1) find dealers in both states to handle both actions

2) YOU or brother "sell" to local dealer

3) local dealer sends gun to outside the state dealer where he would then "own" it

4) out of state dealer transfers gun to sister in her state

want to find dealers to do this?

http://www.gunbroker.com/FFL/DealerNetwork.aspx

one place to look ^^


With me? I make gun. I teach sister to make gun ... sister makes gun (or a zillion)
government don't know jack.
 

Primus

Regular Member
Joined
Oct 24, 2013
Messages
3,939
Location
United States
steps

1) find dealers in both states to handle both actions

2) YOU or brother "sell" to local dealer

3) local dealer sends gun to outside the state dealer where he would then "own" it

4) out of state dealer transfers gun to sister in her state

want to find dealers to do this?

http://www.gunbroker.com/FFL/DealerNetwork.aspx

one place to look ^^


With me? I make gun. I teach sister to make gun ... sister makes gun (or a zillion)
government don't know jack.
Is your sister cute?
 

J_dazzle23

Regular Member
Joined
Dec 4, 2013
Messages
643
I think they are nike flyknits. Wearing them in a bottle of anavar. :p
 

drsysadmin

Regular Member
Joined
Jun 5, 2014
Messages
126
Location
WNC
So she lives in North Carolina and the brother lives in Ohio? If so, then it must go through an FFL in North Carolina to be legal. This is federal law, not Ohio law. Ohio allows private party transfers, but federal law prohibits transfer (selling) of handguns across state lines to residents of different states.
There is no sale. It is a gift which she will take possession of within the same state. Any reference you can provide to where it is federal law would be helpful. Thanks!

Outside State of Residency - A person may not receive a HG from a non-licensee who resides in another State, except by Will or Intestate succession, § 922 (a)(5)(A) giver, § 922 (a)(3)(A) receiver.

Is it a gift from brother?

If the gun was a family members who is deceased it can transfer without a FFL.

If the brother actually purchased the gun from a FFL then the transfer must go through a FFL.

Yes it is a gift. He is not receiving the firearm, she is - thus the above wouldn't apply. She is receiving from him, not the other way around.
It has been in his possession for some time, not sure if he was the original purchaser or if it was a gift from family. Will find out. Thanks!
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
Does not matter if she wants to pick it up at your place ... its still an out of state transfer ..

Need to do the procedure I noted ...

You cannot just hand her the gun and say "have a nice trip back"

Well, according to how current law is written.....
 

ATM

Campaign Veteran
Joined
Aug 1, 2009
Messages
360
Location
Indiana, USA
Transfers include gifts, so the Federal restrictions do apply in this case.

For the handgun to be transferred interstate (according to residence) she must receive it through an FFL transfer in her resident state.

http://www.atf.gov/files/firearms/faq/unlicensed-persons.html

Q: From whom may an unlicensed person acquire a firearm under the GCA?

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
 
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