• ODT Gun Show & Swap Meet - May 4, 2024! - Click here for info

Private Parties Gifting a Handgun Across State Line

A few years ago, I gifted my sisters some pretty pink pistols. They live in a different state. I drove to their state, and we all visited the local pawn shop that has an FFL. We filled out the paperwork, they passed the background check, I paid the fees, and they received their new shiny pink pew pews.
 
so for the ignorant folks like myself, how do i go about transferring a handgun from myself in Georgia to someone in Alabama .
A gift , not selling it.
thanks,

you'd have to drive it or ship it to an ffl in alabama and have them transfer it to the new owner. yes it would be legal for you to drive it across state lines as it would still be your property at that point.
 
next question, Can i carry it across state lines and deliver it to an FFL in Alabama for him to take possession of?

yes.

Especially if you live near a state line, it's a convenient way to transfer with a minimum of fuss. Hard to get people to do it though.

Probably not an issue for a family transfer, but you have to be aware of any laws regarding transfers in the state in which the purchaser lives - waiting periods, no. of guns purchased in a certain time frame, etc.

For ex., I believe Fl. has a 3 day waiting period now, so a transfer in Georgia or Florida to a Florida resident has to abide by that law.
 
Vary state by state does it not...
Beyond all that... who is to say what happen where...
just saying...
Each state can make certain gun laws which are enforceable within their borders, but it looks like interstate transfer/sales is federal. Don"t think Mom would appreciate an orange jumpsuit, and I'm way too good looking to go to prison.
 
Yes, interstate is federal, but it also has to be legal in both states. You can't legally ship a non-CA compliant 'assault rifle' to someone in CA.

I also want to say that this came up before, and that handguns must go FFL -> FFL for any interstate transfer.

From the ATF site:

Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of state, the firearm must be shipped to a federal firearms licensee (FFL) within the transferee’s state of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca


Since the only person who can ship a handgun across state lines is another FFL, this kind of implies that you can't drive to the other state and just do the transfer there. I can't say if this is accurate though.

As mentioned above, with a gun that could end up in a self-defense case, it's important that there's nothing about it to give the prosecution any kind of leverage if it had to go to court.

Shipping FFL to FFL isn't all that expensive either, especially if you deduct what you would have spent in gas to drive it there.
 
Back
Top Bottom