I have a son in Orange County Ca,I want to give him a 1911 Handgun.Can i just give it to him without any problems?
Posted: 4/10/2014 8:38:37 PM EDT
[#1]
You are going to follow federal laws right?
Like if he's 12 years old and a felon there's going to be trouble.
Posted: 4/10/2014 10:35:39 PM EDT
[#2]
So Paul,
what, besides being legally able to own a handgun, might any other federal laws/requirements be in this regard?
Posted: 4/11/2014 7:56:19 AM EDT
[#3]
Can't mail it for sure! Federal laws prohibit pistols from being shipped between states unless they're going to/from an FFL. You can ship a pistol to yourself though UPS/FedEx but not to anyone else who isn't an FFL (of some type).
Though there’s no federal law that prohibits a gift of a firearm to a relative or friend that lives in your home state, some states—California for example—require you to transfer the gun through a local firearms dealer so an instant background check will be performed to make sure the recipient is not legally prohibited from owning the gun.
The ATF recommends that if you want to give someone a new firearm, rather than going to a gun store, buying it on your own and giving it to, say your father, consider instead purchasing a gift certificate from that retailer and giving it to Dad as his present. That way he’ll get the exact gun he wants, and there’s no question about who is “the actual buyer of the firearm,” which is a question any purchaser must certify on the Federal Form 4473 at the time of purchase.
You can only ship a handgun by common carrier (but not U.S. Mail) and a long gun by U.S. Mail or common carrier to a federally licensed dealer, but not to a non-licensed individual. With all carriers, federal law requires you to declare that your package contains an unloaded firearm. To be safe, always consult your carrier in advance about its regulations for shipping firearms.
What if you want to give “Old Betsy,” your favorite old deer rifle, to your son or daughter as a college graduation gift? Again, in most states, there’s no law that says you can’t, but some states require even inter-family transfers to go through a licensed dealer. Remember, you can never transfer a firearm directly to another person who is a resident of a different state. In that case, you must transfer the firearm through a licensed dealer in the state where the person receiving the gift resides. Using a gift certificate from a firearms retailer near where the recipient lives might be a good solution. Pre-1898 antique firearms are generally exempt from the dealer requirement. Be safe and check with your dealer or local law enforcement before you hand over your prized possession.