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It is my understanding that a gift in the same state you live in, and the one who receives the gift are in the same state is still OK.

The case that was heard in the SCOTUS was about crossing state lines, a big NO, NO.

You still can sell a firearm to another person that lives in the same state as you.

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As I understand it, giving a firearm to a (non-felon) family is fine, but buying then "giving" or selling a third, non-related party is the no-no.  There is also something about the timing.  If you buy today and sell tomorrow to another party - possibly a straw purchase.  If you bought 3 months ago, 1 year ago, 10 years ago or 50 years ago - and sold to Joe-Schmoe in a parking lot, in your current state of residence,, it's a "Friend to Friend" (FTF) purchase.

Leave it to the government to make something so simple so ambiguious!

 

Macbeau...

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It is my understanding that a gift in the same state you live in, and the one who receives the gift are in the same state is still OK.

 

Careful!!! It's not the same in all states! It's not even the same in all states where FTF sales/gifts are legal!

 

The BEST thing to do is consult an attorney if you're unclear about the law. If you're worried about passing them down at some point it might be a good idea to setup a trust or some other entity to do that for you.

 

If you're super worried and don't like attorneys, find a LGS to "buy" them from you and "sell" them to him with background checks ($20/ea usually for transfers). You're 100% in the clear doing that in every state in the country no matter where the guns came from or who they're being sold to (so long as they pass NICS and all local laws are obeyed, which is on the LGS). It just costs some money and hassle.

Edited by Maxwelhse
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It is my understanding that a gift in the same state you live in, and the one who receives the gift are in the same state is still OK.

 

(1)Careful!!! It's not the same in all states! It's not even the same in all states where FTF sales/gifts are legal!

 

The BEST thing to do is consult an attorney if you're unclear about the law. If you're worried about passing them down at some point it might be a good idea to setup a trust or some other entity to do that for you.

 

(2)If you're super worried and don't like attorneys, find a LGS to "buy" them from you and "sell" them to him with background checks ($20/ea usually for transfers). You're 100% in the clear doing that in every state in the country no matter where the guns came from or who they're being sold to (so long as they pass NICS and all local laws are obeyed, which is on the LGS). It just costs some money and hassle.

 

(1)You are right, diff states have diff laws.

 

(2)Best way to handle the "sale" there is, safe and legal.

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The key is "Never say: I purchased this for someone else"

 

If I purchase a firearm today and decide I dont like it, or I like something else better, I have every right to sell it to someone who is legally allowed to own a firearm, even if it happens to be the next day.......

 

Just dont ever say "I purchased this for someone else", and it would be up to the courts to prove that was my intentions otherwise.

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^^^I agree. However the draconian laws basically just force us to be liars and we're not people that are generally accustomed to that. Case in point, the day before FTF is banned all of my stuff is getting sold to a black guy named Barack. He paid me $1 to take all of my evil death machines away and I was very happy he did.

 

In the case of handing guns down to kids I don't think you could play it too safe. The last thing you'd want to do is get your kid in trouble somehow. Attorney and/or just flat out NICS them is probably the only "safe" advice for anyone in any state.

Edited by Maxwelhse
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It's America. If your son isn't a felon, buy a weapon he might like and decide it's the right one for him as a gift. The rest of the world can fuck off.

 

Any gun you own you can give to family. That's how our tradition works.

 

And... It's completely private. Nobody's business.

Edited by Stryker0946
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And... It's completely private. Nobody's business.

 

Until its stolen and used in a crime.

 

I agree with your principals but if the "keep it quiet" situation played out fine for the guys that just got popped and the scenario I described played out they'd STILL have their asses in a ringer. No doubt the real criminal using the stolen gun would be down at the local bar later the same night.

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And... It's completely private. Nobody's business.

 

Until its stolen and used in a crime.

 

I agree with your principals but if the "keep it quiet" situation played out fine for the guys that just got popped and the scenario I described played out they'd STILL have their asses in a ringer. No doubt the real criminal using the stolen gun would be down at the local bar later the same night.

 

I have yet to see an owner who had their gun used in a crime by someone else suffer any damages or penalties.

 

You are not liable for something you are not in possession of.

Edited by Stryker0946
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 The recent SCOTUS decision was not a blow to our freedom, as the  press would have us believe. This was a simple matter of what the law says. The Defendant received money to purchase a gun for someone else. He was payed BEFORE he went to buy the gun. That is pretty much the definition of a straw purchase. That is what SCOTUS ruled. Had the defendant purchased the gun with his OWN money and LATER sold it , there would have been no problem, as they are both persons who can legally own a gun. Had it been a GIFT, it would have been legal. What was illegal, and SCOTUS rightfully ruled it to be illegal, was the fact that the man who bought the gun was payed by the person who received the gun BEFORE he bought it. The buyer had no intention of owning the gun, it was strictly a commercial transaction-a straw buyer for a straw purchaser.

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Nothing has changed. You can still gift and what not. This was a very specific case. The cop was actually wanted for a bank robbery. His house was serched and a deposit slip was found from the check his uncle wrote to him for the gun that was purchased. This makes him an agent for his uncle. The very first question on the form asks if you are buying it for yourself or someone else. They couldnt get him on bank robbery so they got him on this.

 

YOU bought the gun for yourself, by yourself and with your own funds. That gun is legaly yours and you can gift it or sell it or turn it into a lawn orniment

Edited by Arik
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I had a "friend" a couple weeks ago talking about how GB has told him that he had to pay them $35.00 just to bid, I told him he was full of shit, that GB didn't do that, he then asked me to buy a rifle he found on there for him. Last thing I said to him was "you've lost your fucking mind, I ain't going to jail for you or nobody else". He seemed to get kinda pissed off and kept telling me that that's what they told him. NOT NO, BUT HELL NO.

People have lost their fricking minds and seem to not give a shit what happens to them or anybody else anymore. They just want what they want, and they want it now.

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I have yet to see an owner who had their gun used in a crime by someone else suffer any damages or penalties.

 

You are not liable for something you are not in possession of.

 

 

You missed my point.. If during the investigation of that crime they discover that YOU committed a crime you are liable.

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There is an important distinction between buying a firearm as a bona fide gift, and not being the actual purchaser.

You are still the actual purchaser of the firearm if you are purchasing it as a bona fide gift - the person receiving the gift has not arranged for you to purchase the firearm for them.

It is not and never has been illegal to purchase a firearm as a gift - so long as all federal and state laws are then followed when it is transferred to the recipient.

In Nebraska, if I want to buy a rifle for my buddy for his birthday, I can go down to Cabela's, buy it, fill out a 4473, and hand it to him the same day if I like - so long as he is also a resident of Nebraska and can legally receive a firearm. In some states, that wouldn't be kosher - but there is no federal law standing in the way. The point of the law is to prevent people from purchasing firearms THROUGH another individual - gifting was never targeted or outlawed.

Look into this yourself - but in the case of certain family members, there are exemptions that even allow firearms to be shipped interstate directly.


*I'm not a lawyer, this does not constitute legal advice, anything said in this post does not represent the opinion of any person, entity, place, satellite, deity or animal aside from me.

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