Gifting a long gun

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  • Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    I have checked with Buds and they require the long gun be shipped to an FFL.

    Was hoping Buds could ship after paperwork is processed, but they require a local FFL for all out of state purchases. I was a bit confused because my previous out of state long gun purchases were face to face cash and carry. I guess the internet makes a difference.

    Gun Control Act of 1968, as modified by Firearms Owners Protection Act of 1986.

    If you are in the shop out of state, you can receive and carry out, as long as the purchase is legal in the state it occurs AND in the state of residence of the buyer.

    Since you are not in the shop, it must be shipped to an FFL for you to receive it from.

    The difference is face to face versus shipped.

    The CMP has a special exemption to this to ship the firearms they sell.
     

    mvee

    Ultimate Member
    MDS Supporter
    Dec 13, 2007
    2,487
    Crofton
    Planning to purchase a new Golden boy. Not C&R. I have checked with Buds and they require the long gun be shipped to an FFL. I will transfer the funds to the recipient's account and let the entire transaction be his alone. So much for holiday morning surprises.

    He is not prohibited, as he has previously purchased a long gun in his name alone. Was hoping Buds could ship after paperwork is processed, but they require a local FFL for all out of state purchases. I was a bit confused because my previous out of state long gun purchases were face to face cash and carry. I guess the internet makes a difference.
    Why don’t you you purchase from Bud’s and have them send to your FFL? You could then go and fill out the paperwork in your name. You can legally gift the rifle later. This would be legal.
     

    byf43

    SCSC Life/NRA Patron Life
    I ordered a rifle for my son a couple of years ago, this way:

    Call vendor. Explain this will be a gift for son.

    Order rifle. Pay for it with my credit card.
    Have it shipped to local FFL under my son's name.
    On his birthday, I gave him a card with a pic of the rifle and told him to go to ________'s gunshop and pick up his rifle.

    He goes to FFL and does paperwork.

    Never had a problem.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,877
    That works at shops where they know you, and know your son . Walking in cold, * could * set off their spidey sense about a straw purchase .

    If I don't have the knowledge of them sufficient to be confident to just hand it to them, I'm not giving them a firearm .
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    Says in his original post that they both share the same residence. Simplest thing is to just go with them to a IP, order the long gun, OP pay and have recipient fill out the paperwork.

    He mentions later his out of state face to face sales didn’t go through an FFL.

    Maybe a bad assumption, but face to face generally implies a purchase/sale between private individuals. Not from a gun shop/FFL. Now and FFL can facilitate that out of state and it’s all kosher. If you don’t use an FFL and you are residents of different states, that violates GCA1968.

    Face to face sales out of state (residents of separate states) without an FFL involved is a crime.

    Actually a transfer itself is a crime. Could be a gift and it would still have to be through an FFL if not residents of the same state. Just wouldn’t apply in this gift instance.
     

    ras_oscar

    Ultimate Member
    Apr 23, 2014
    1,666
    Out of state purchases of any long gun have required an FFL for a long time. Unless you're going back quite a ways, you might have just described something illegal.

    Out of state cash and carry at a gun shop that was an FFL. Sorry I was not sufficiently clear.
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,154
    Buying a rifle that you intend to give as a gift to a not prohibited person is not a straw purchase. Buy the gun yourself. Take it home and gift wrap it. Put the long box under the tree. Let the recipient open the surprise Christmas morning and be ready to take pictures of the happy person. Been there and done that perfectly legal as long as the "transfer" is legal just like any face to face sale in your state.

    The push for Universal Background Checks would eliminate the joy of a Grandfather giving his grandson or daughter their first gun as a surprise.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    Buying a rifle that you intend to give as a gift to a not prohibited person is not a straw purchase. Buy the gun yourself. Take it home and gift wrap it. Put the long box under the tree. Let the recipient open the surprise Christmas morning and be ready to take pictures of the happy person. Been there and done that perfectly legal as long as the "transfer" is legal just like any face to face sale in your state.

    The push for Universal Background Checks would eliminate the joy of a Grandfather giving his grandson or daughter their first gun as a surprise.

    On your last, hopefully UBC doesn’t happen. That said, most have an exemption for immediate blood relatives. The federal one Dems have pushed has broad exemptions for blood and marital relatives. A grand parent to grandchild transfer without a background check would be legal under the federal proposed UBC.

    I think under MD’s LGQL proposed law also.

    Under the federal proposed UBC a transfer to a cousin or my brother-in-law would be fine. MD’s LGQL it would not be.

    It’s good to know exactly what legislators are trying to force down our throats.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Easy.

    You give it to them for Christmas, but actually transfer it the day after.
     

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