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Posted: 2/12/2017 12:47:22 PM EDT
What is the best and legal way to transfer firearms from my uncle in upstate New York to me in South Carolina?

The firearms in question are mostly revolvers, shotguns, 22 rifles, and a S&W 41 pistol (no ARs, Glocks etc.)

What needs to be done on his end and what needs to be done on my end before they can be legally driven out of the state? He is getting older and no longer wants to have the firearms and his handgun license/registration/whatever papers will need to be renewed soon.
Link Posted: 2/12/2017 1:18:32 PM EDT
[#1]
They can not be legally driven out of state!! For the firearms to be transferred he would go to a local ffl dealer who would then ship them to your local ffl dealer where you would
Pick them up ( completeding a 4473 and nics check)
For you to just show up throw them in your car and drive home is a no go and that is a federal law not even related to ny safe act.
Even before safe act the handgun transfers would still have to go through the dealer so the uncle would have a document to give the pistol permit office to get them off the permit.
Link Posted: 2/13/2017 3:47:49 AM EDT
[#2]
What part of Upstate is he in?
He should find an FFL in his area he can ship through so he can get paperwork to show that the handguns are no longer in his possession so he can get them off his permit.
You  need to have an FFL at your end to ship the guns to.
Link Posted: 2/13/2017 9:25:31 AM EDT
[#3]
I believe the handguns are the only ones you MUST ship.  Longguns and shotguns can be driven out of state to your home.  

His pistol license is the only issue because he must transfer handguns through an FFL.

Bill
Link Posted: 2/13/2017 1:25:22 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I believe the handguns are the only ones you MUST ship.  Longguns and shotguns can be driven out of state to your home.  

His pistol license is the only issue because he must transfer handguns through an FFL.

Bill
View Quote


To be 100% legal even the shotguns/longguns must go thru an FFL for the background check on you. Do NOT get caught just "putting" the longguns in your trunk and driving away. Even if you never got caught it's wrong and would bother you forever.
Link Posted: 2/13/2017 3:03:32 PM EDT
[#5]
Didn't your uncle give you those guns back in 2012, when you were living in NY for a few months/weeks? Before the unSAFE act was even passed? He was just holding onto them all this time for you. Right?
Link Posted: 2/13/2017 3:57:18 PM EDT
[#6]
Might try looking right at the source:
https://www.atf.gov/questions-and-answers/firearms-qas?&og_group_ref_target_id[186]=186&flagged=All&page=10
To whom may an unlicensed person transfer firearms under the GCA?








A person may transfer a firearm to an unlicensed resident of his or her State, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under Federal law. There may be State laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact his or her State Attorney General’s Office to inquire about the laws and possible State or local restrictions.

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.

A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he or she or she does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.

A person may 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)(5) and 922(d); 27 CFR 478.30, 478.32]
View Quote

somewhere  there is a ruling concerning Family members and transfers between such:  BATFE isn't all that concerned with two non-prohibited family members giving guns as presents between themselves...take it for what it's worth.  
Link Posted: 2/13/2017 4:00:44 PM EDT
[#7]
Don't ask, don't tell.
Link Posted: 2/17/2017 9:38:42 AM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Don't ask, don't tell.
View Quote


^ this ^
Link Posted: 2/17/2017 10:50:26 PM EDT
[#9]
Thanks for all the replies. My main concern is anything that may be linked to his handgun permit and making sure those items are recorded as no longer being in his possession.
Link Posted: 2/18/2017 8:36:56 PM EDT
[#10]
Your last post only legal way to do it regarding handguns is for him to surrender to an ffl who ships to an ffl in your home state where you pick them up. In actuality as I posted before that is the only fully up and up legal way to to the long guns too
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