Purchase of hand gun by a spouseThis is a discussion on Purchase of hand gun by a spouse within the The Classroom forums, part of the Use and Training category; I am a resident of the state of UT I can legally own and have a ccp in the state of UT. My Longtime spouse ...
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09-02-2012, 10:36 AM
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#1
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XDTalk Newbie
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Purchase of hand gun by a spouse
I am a resident of the state of UT I can legally own and have a ccp in the state of UT. My Longtime spouse is a resident of PA can she purchase a handgun as a GIFT of me.
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09-02-2012, 10:50 AM
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#2
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Where's my bullet Andy
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Short answer is she must be a resident of the State in which the transaction will take place. The dealer can explain the requirements in detail. Gifting to you is OK as long as you follow any State restrictions for transfers.
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09-07-2012, 06:53 AM
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#3
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Quote:
Originally Posted by stancpa
I am a resident of the state of UT I can legally own and have a ccp in the state of UT. My Longtime spouse is a resident of PA can she purchase a handgun as a GIFT of me.
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If you live in Utah then the answer is no. Generally speaking it is the her resident state that determines where she can buy firearms legally. Meaning check PA laws first. Good Luck.
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09-07-2012, 07:12 AM
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#4
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Purchase may be made in any state, but delivery and transfer to the handgun receiver must be done in the receiver's own state via in-state FFL. It's not the transfer of money that matters so much, but the transfer of the firearm to it's new owner that matters.
not a lawyer.
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09-07-2012, 10:19 AM
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#5
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Quote:
Originally Posted by unclenunzie
Purchase may be made in any state, but delivery and transfer to the handgun receiver must be done in the receiver's own state via in-state FFL. It's not the transfer of money that matters so much, but the transfer of the firearm to it's new owner that matters.
not a lawyer.
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Not a lawyer, but you're correct. My daughter in Texas bought me a .45 XDm as a gift. The intra-familial transfer was done via an FFL here in California; the same as firearm purchase done by me here in Kalifornia.
Interestingly enough, this stupid state would allow the transfer to be done without an FFL by filling in a form found on the Cali-DoJ website. They're happy, but the Feds would consider that a felony.
A further illustration of the stupidity of gun laws.
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09-08-2012, 04:27 PM
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#6
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XDTalk 500 Member
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Quote:
Originally Posted by dawgchamp
Not a lawyer, but you're correct. My daughter in Texas bought me a .45 XDm as a gift. The intra-familial transfer was done via an FFL here in California; the same as firearm purchase done by me here in Kalifornia.
Interestingly enough, this stupid state would allow the transfer to be done without an FFL by filling in a form found on the Cali-DoJ website. They're happy, but the Feds would consider that a felony.
A further illustration of the stupidity of gun laws.
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Just want to be clear on what you are trying to say here. Are you saying that if you sell a firearm, that you must transfer it using an FFL despite what is required by state law? I'm not sure that is entirely true. Some states do not require paperwork at all during a private sale or transfer. A fine example of that is Arizona. But, back to what you were saying, you think that would be a Federal Felony?
Disregard: Your daughter was in Texas, with you in California. Yes, state to state transfers do require an FFL.
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