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Giving a gun as a gift... Across state lines?

This is a discussion on Giving a gun as a gift... Across state lines? within the XDTalk Chatter Box forums, part of the XD Talk category; I am thinking about buying my Dad a handgun as a gift. My Dad is the one who taught me to shoot and hunt, and ...

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Old 02-20-2007, 09:29 AM   #1
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Giving a gun as a gift... Across state lines?

I am thinking about buying my Dad a handgun as a gift. My Dad is the one who taught me to shoot and hunt, and has generally encouraged my interest in firearms (for utility and recreation). He's always owned guns, but never a handgun. He's done a lot for me over the years, and last time he was down we went to the range. After a nice afternoon of shooting my various guns, he told me that he had "always wanted a nice handgun". His desire for a handgun for home defense was only compounded when my parents' neighbor was murdered in her home in the middle of the night, not thirty feet from where my parents were sleeping at the time... It's been a few years ago now, but that sort of thing always remains in the back of your mind.

Anyway... Since I am in a position that would allow me to get him something nice, I figured a handgun would be a great gift. The problem is that I live in Ohio and he lives in the "Republic of Illinois". What would I legally have to do to give him a gun? Are there exceptions to the transport rules that allow for "family transactions"? How would I find out? He does have his FOID, that much I know.
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Old 02-20-2007, 10:56 AM   #2
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you should just have him go through the hoops and then pay for the gun.
unless you want this as a suprise.

i've considered this for my cousin and seems to be the reasonable/legal way in cali.
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Old 02-20-2007, 11:05 AM   #3
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This is a ****ty situation. To give ah handun across state lines you must...

Ship the handgun to a dear who then does the 4470 (whatever it is) on your dad. You have to pay for the shipping and transfer fees.

Or you can go to where you dad is, and both of you go to a dealer, and fill out the form and pay the fee and then he can have it. You cannot have him fill out the paperwirk, and you pay for it, that is technicaly illegal. and you cannot just give it to him.
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Old 02-20-2007, 11:24 AM   #4
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Quote:
Originally Posted by Timmy44221
This is a ****ty situation. To give ah handun across state lines you must...

Ship the handgun to a dear who then does the 4470 (whatever it is) on your dad. You have to pay for the shipping and transfer fees.

Or you can go to where you dad is, and both of you go to a dealer, and fill out the form and pay the fee and then he can have it. You cannot have him fill out the paperwirk, and you pay for it, that is technicaly illegal. and you cannot just give it to him.
King Rod doesn't like guns, so he makes it as hard as he can for we knaves. You can, however, loan a gun to a friend or family member as long as you do not have knowledge that they plan to use it illegally. I'm pretty sure there's no stipulation to how long you can loan it.
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Old 02-20-2007, 11:50 AM   #5
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When dealing with "Republic of Illinois" I would spend the extra cash and go through a FFL. You could go to www.packing.org ,and and find out for sure what the laws are.

Better safe the behind bars.
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Old 02-20-2007, 11:50 AM   #6
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Thank God I live in Georgia....I just gave a buddy $400 bucks cash and he gave me a 1911 gun. Nothing else required or needed..done..finished.

BTW, what kind of gun were you considering...a semi-auto or a classic revolver? Can't go wrong with a good ole .357 revolver for simplicity and reliabilty. Your dad is a lucky man, good luck in your endeavor.
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Last edited by MGD 45; 02-20-2007 at 11:53 AM.
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Old 02-20-2007, 11:53 AM   #7
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Quote:
Originally Posted by Timmy44221
This is a ****ty situation. To give ah handun across state lines you must...

Ship the handgun to a dear who then does the 4470 (whatever it is) on your dad. You have to pay for the shipping and transfer fees.

Or you can go to where you dad is, and both of you go to a dealer, and fill out the form and pay the fee and then he can have it. You cannot have him fill out the paperwirk, and you pay for it, that is technicaly illegal. and you cannot just give it to him.
really? even if his dad does the paperwork and goes through the background and hooz just pays for it. thats illegal? thats a stupid law. you would think that would be ok.

edit: or can he just give his dad the funds.
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Old 02-20-2007, 12:01 PM   #8
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Quote:
Originally Posted by MGD 45
Thank God I live in Georgia....I just gave a buddy $400 bucks cash and he gave me a 1911 gun. Nothing else required or needed..done..finished.
That's how it is for FTF transactions here in Ohio, too.

My Dad is kind of "old school", so I was thinking about a decent, inexpensive 1911 for him. Second choice would be an XD-45 Compact, of course! I'd like to keep it a surprise, but it doesn't sound like that's going to happen.

What are the laws for purchasing a gun in a different state? What if I took him to the gun shop the next time he was here and he "bought" the gun himself? Could he then, legally, transport it back home?

*EDIT* - I answered my own question!

Quote:
(B2) 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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Last edited by Hooz; 02-20-2007 at 12:09 PM.
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Old 02-20-2007, 12:09 PM   #9
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Quote:
Originally Posted by SimplyOrange
really? even if his dad does the paperwork and goes through the background and hooz just pays for it. thats illegal? thats a stupid law. you would think that would be ok.

edit: or can he just give his dad the funds.

I think what he is talking about is a "Straw Buy", and it's up to the shop owner if he thinks it's a straw buy or not.
He could have his dad buy what he wants, and give him the cash to cover it.
If the gun dealer even thinks it's a straw he will not make the sale, he can lose his FFL, and go to jail for it.
www.packing.org is your best bet for getting the right answers for buying or sell guns.
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Old 02-20-2007, 03:43 PM   #10
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uote:
Originally Posted by MGD 45
Thank God I live in Georgia....I just gave a buddy $400 bucks cash and he gave me a 1911 gun. Nothing else required or needed..done..finished.
That's how it is for FTF transactions here in Ohio, too.

My Dad is kind of "old school", so I was thinking about a decent, inexpensive 1911 for him. Second choice would be an XD-45 Compact, of course! I'd like to keep it a surprise, but it doesn't sound like that's going to happen.

What are the laws for purchasing a gun in a different state? What if I took him to the gun shop the next time he was here and he "bought" the gun himself? Could he then, legally, transport it back home?


I ran into this problem too, I do not think they will sell a handgun to someone out of state. Texas wont let someone from new mexico buy a handgun the dealer said it was a federal law, that you had to buy the handgun in the state you reside in.
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