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Okki
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Posted: 9/21/2008 7:21:18 PM
So I'm curious... if someone wants to gift you a handgun; both sides have permits, one is out of state, the receiving party is in Indiana. What (if anything) needs to be done in order to make the gun the legal property of the receiver in Indiana?

Thanks for any info.

Okki
K1rodeoboater
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Posted: 9/21/2008 8:02:47 PM
[Last Edit: 9/21/2008 8:03:05 PM by K1rodeoboater]
FFL transfer to be safe
JoseyWales
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Posted: 9/21/2008 8:51:38 PM
A gift is outside of the jurisdiction of the ATF on non-NFA weapons. But you must declare it on your taxes if income law applies. Either way, someone is going to end up doing paperwork. Plus, you state may require paperwork over and above the federal level.


From ATF:
Where a person purchases a firearm
with the intent of making a gift of the
firearm to another person, the person
making the purchase is indeed the true
purchaser. There is no straw purchaser
in these instances. In the above example,
if Mr. Jones had bought a firearm
with his own money to give to Mr. Smith
as a birthday present, Mr. Jones could
lawfully have completed Form 4473.
The use of gift certificates would also
not fall within the category of straw purchases.
The person redeeming the gift
certificate would be the actual purchaser
of the firearm and would be properly
reflected as such in the dealer's records.

There is iron in your words of death for all to see, and so there is iron in your words of life. No signed paper can hold the iron. It must come from men. It is good that warriors such as we meet in the struggle of life or death. It shall be life.
JoseyWales
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Posted: 9/21/2008 9:32:31 PM
PS. The fact that people have "permits" is vague. If you mean that both have a CCW license, then there are no worries, as he is not required to do a background check in Indiana for private purchases.

There is iron in your words of death for all to see, and so there is iron in your words of life. No signed paper can hold the iron. It must come from men. It is good that warriors such as we meet in the struggle of life or death. It shall be life.
rkba-net
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Posted: 9/22/2008 4:55:43 AM

Originally Posted By JoseyWales:
A gift is outside of the jurisdiction of the ATF on non-NFA weapons. But you must declare it on your taxes if income law applies. Either way, someone is going to end up doing paperwork. Plus, you state may require paperwork over and above the federal level.


From ATF:
Where a person purchases a firearm
with the intent of making a gift of the
firearm to another person, the person
making the purchase is indeed the true
purchaser. There is no straw purchaser
in these instances. In the above example,
if Mr. Jones had bought a firearm
with his own money to give to Mr. Smith
as a birthday present, Mr. Jones could
lawfully have completed Form 4473.
The use of gift certificates would also
not fall within the category of straw purchases.
The person redeeming the gift
certificate would be the actual purchaser
of the firearm and would be properly
reflected as such in the dealer's records.



The original post was about a gift from OUT OF STATE.
It is a violation of The Gun Control Act of 1968 to buy, receive as a gift etc etc ANY firearm from an out of state resident. The weapon needs to be sent to an FFL in the recipients state.
Combat_Jack
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Posted: 9/22/2008 5:06:50 AM
The traditional method is to leave with one fewer piece than you came with, and keep your damn mouth shut.
"It makes no difference what men think of war... War endures. As well ask men what they think of stone. War was always here. Before man was, war waited for him. The ultimate trade awaiting the ultimate practitioner." CM.
brickeyee
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Posted: 9/22/2008 2:18:01 PM

Originally Posted By JoseyWales:
A gift is outside of the jurisdiction of the ATF on non-NFA weapons. But you must declare it on your taxes if income law applies. Either way, someone is going to end up doing paperwork. Plus, you state may require paperwork over and above the federal level.


From ATF:
Where a person purchases a firearm
with the intent of making a gift of the
firearm to another person, the person
making the purchase is indeed the true
purchaser. There is no straw purchaser
in these instances. In the above example,
if Mr. Jones had bought a firearm
with his own money to give to Mr. Smith
as a birthday present, Mr. Jones could
lawfully have completed Form 4473.
The use of gift certificates would also
not fall within the category of straw purchases.
The person redeeming the gift
certificate would be the actual purchaser
of the firearm and would be properly
reflected as such in the dealer's records.



If ownership crosses a state line it has to go through an FFL.
www.atf.gov/firearms/faq/faq2.htm#b3


(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

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]

(B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? [Back]

A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]


The fact that the gun is a gift does not matter.
Ownership is changing across a state line.