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 Gifting a Pistol to Family Member out of State 
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golddigger14s wrote:
chich627 wrote:
So does this mean that my MIL can give me my FIL's Tommy gun (he passed) when I am out East in a few weeks and I just check it to bring it home?[
Full auto or semi?


Semi.


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Mon Jun 10, 2019 8:25 pm
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chich627 wrote:
So does this mean that my MIL can give me my FIL's tommy gun (he passed) when I am out East in a few weeks and I just check it to bring it home?

Unicorn wrote:
https://www.law.cornell.edu/cfr/text/27/478.29

§ 478.29 Out-of-State acquisition of firearms by nonlicensees.
No person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, shall transport into or receive in the State where the person resides (or if a corporation or other business entity, where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State: Provided, That the provisions of this section:

(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 rifle or shotgun obtained from a licensed manufacturer, licensed importer, licensed dealer, or licensed collector in a State other than the transferee's State of residence in an over-the-counter transaction at the licensee's premises obtained in conformity with the provisions of § 478.96(c) and

(c) Shall not apply to the transportation or receipt of a firearm obtained in conformity with the provisions of §§ 478.30 and 478.97.


478.30 says you can't give/sell/transfer a firearm to someone who doesn't live in your state unless it's an inheritance.
478.90 allows dealers to rent guns to out of state residents. Renting a hunting rifle for instance.


If he didn't leave it to you in a will then probably not. It would have gone to the closest (by blood, not physical distance) relative according to intestate succession. And that would have been his wife, your MIL.


Wed Jun 12, 2019 3:10 pm
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chich627 wrote:
So does this mean that my MIL can give me my FIL's tommy gun (he passed) when I am out East in a few weeks and I just check it to bring it home?


Maybe if he personally gave it to you while still living, at some date pre-594, and you just left it stored in his safe until now....


For the OP's situation, how would it change if she already owned the pistol, and he was just now delivering it to her? Existence of any paper trail of that ownership would depend on the age of the pistol, and a few other details.

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Wed Jun 12, 2019 3:35 pm
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Wed Jun 12, 2019 3:43 pm
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todd1803 wrote:
chich627 wrote:
So does this mean that my MIL can give me my FIL's tommy gun (he passed) when I am out East in a few weeks and I just check it to bring it home?


Maybe if he personally gave it to you while still living, at some date pre-594, and you just left it stored in his safe until now....
Irrelevant since it's coming from another state. Cross that state line and it opens up an entire new set of federal laws.

For the OP's situation, how would it change if she already owned the pistol, and he was just now delivering it to her? Existence of any paper trail of that ownership would depend on the age of the pistol, and a few other details.

If he has it in his possession, then it was transferred to him. When he gives it to her, it would be a transfer. Physical possession, not who "owns," it is what is important. It's not worth a ten year federal prison sentence and/or a $250,000 fine to avoid a $20 or $30 transfer fee at a dealer in Florida.

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Tue Jun 18, 2019 8:04 pm
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Unicorn wrote:
todd1803 wrote:
chich627 wrote:
So does this mean that my MIL can give me my FIL's tommy gun (he passed) when I am out East in a few weeks and I just check it to bring it home?


Maybe if he personally gave it to you while still living, at some date pre-594, and you just left it stored in his safe until now....
Irrelevant since it's coming from another state. Cross that state line and it opens up an entire new set of federal laws.

For the OP's situation, how would it change if she already owned the pistol, and he was just now delivering it to her? Existence of any paper trail of that ownership would depend on the age of the pistol, and a few other details.

If he has it in his possession, then it was transferred to him. When he gives it to her, it would be a transfer. Physical possession, not who "owns," it is what is important. It's not worth a ten year federal prison sentence and/or a $250,000 fine to avoid a $20 or $30 transfer fee at a dealer in Florida.

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This. ^^^ Right here.

All it takes is for the OP to head to an FFL, and ask to do a transfer through them. A few minutes of paperwork and a transfer fee, and you're good.

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Wed Jun 19, 2019 2:09 am
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Wed Jun 19, 2019 5:28 am
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