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Posted: 9/8/2021 2:43:04 AM EDT
Is there any way to do this without going through FFLs? I'm in a different state. She's 18. Can I mail it to her or just visit and hand it over.  Never lived in Virginia, not up on the laws.

Critter in question:
Attachment Attached File
Link Posted: 9/8/2021 8:32:08 AM EDT
You can gift it as long as you are both residents of VA.
Link Posted: 9/8/2021 9:36:40 AM EDT
My understanding is that if the current owner is in one state and the new owner is in another state, federal law states handguns have to go through a FFL.

TRANSFERS OF FIREARMS BY
PRIVATE SELLERS  

 An unlicensed individual may transfer a firearm to another unlicensed individual residing in the same State, provided that he or she has no reason to believe the buyer is prohibited by law from possessing firearms.

For a list of categories prohibiting a person
from possessing a firearm, please refer to 18
U.S.C. 922(g) and (n).  

 An unlicensed individual is prohibited from directly transferring a firearm to a person residing in another State.
Regardless of the purpose of the transfer (e.g. gift, trade, loan, sale, ownership, etc.), this restriction applies to all types of firearms.  


An unlicensed individual may complete a transfer to an out-of-State person through the following procedure:  
• The unlicensed individual transfers
the firearm to a Federal Firearms
Licensee (FFL) located in the State of
the person receiving the firearm.

• The FFL will transfer the firearm to
the unlicensed out-of-State person.  

• The FFL will be responsible for
lawfully transferring the firearm.

ATF Source

With our UBC, I am not sure if a FFL will transfer a handgun to a 18 year old. There has been debate here in the state between gun rights groups and the state govt. and I do not know the current status of that debate. You may want to research this or maybe someone with more info then I have will chime in and clarify. I would not want you to send it to a FFL here and not have her be able to get it from the FFL.
Link Posted: 9/8/2021 10:57:56 AM EDT
Link Posted: 9/8/2021 11:10:07 AM EDT
[Last Edit: 9/8/2021 11:11:21 AM EDT by rookie421]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By HansohnBrothers:
Since you are out-of-state, will have to wait until she is 21 and has to go through a dealer here.
View Quote


Does that also apply to private sales now that they have to go through a FFL?

If i wanted to sell a handgun to my buddies kid who is 18, will bringing the FFL into it due to the UBC cause an issue? Before UBC, I could just sell it to him since the only hang up was that an FFL could not sell to under 21 but, private sales were fine.

I am not looking to due this, just trying to get clarification for my own knowledge and used "my buddies kid" as a scenario.

eta: in my factious scenario all parties are residents of Va.
Link Posted: 9/8/2021 2:27:45 PM EDT
[Last Edit: 9/8/2021 2:28:31 PM EDT by scuba_steve]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By rookie421:


Does that also apply to private sales now that they have to go through a FFL?

If i wanted to sell a handgun to my buddies kid who is 18, will bringing the FFL into it due to the UBC cause an issue? Before UBC, I could just sell it to him since the only hang up was that an FFL could not sell to under 21 but, private sales were fine.

I am not looking to due this, just trying to get clarification for my own knowledge and used "my buddies kid" as a scenario.

eta: in my factious scenario all parties are residents of Va.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By rookie421:
Originally Posted By HansohnBrothers:
Since you are out-of-state, will have to wait until she is 21 and has to go through a dealer here.


Does that also apply to private sales now that they have to go through a FFL?

If i wanted to sell a handgun to my buddies kid who is 18, will bringing the FFL into it due to the UBC cause an issue? Before UBC, I could just sell it to him since the only hang up was that an FFL could not sell to under 21 but, private sales were fine.

I am not looking to due this, just trying to get clarification for my own knowledge and used "my buddies kid" as a scenario.

eta: in my factious scenario all parties are residents of Va.


My read is that it would, if going through an FFL.  

Before the VA law changed, 18 would have been fine for a private party pistol sale between state residents, but now that VA law requires a background check even for private party sales and that check will almost always will be performed by an FFL, you are stuck at 21 due to federal law.  I say almost always because you can still use VSP at some gun shows to do a transfer, and they aren't an FFL, so 18 should be fine there.  I think.

But IANAL.
Link Posted: 9/8/2021 2:43:55 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By scuba_steve:


My read is that it would, if going through an FFL.  

Before the VA law changed, 18 would have been fine for a private party pistol sale between state residents, but now that VA law requires a background check even for private party sales and that check will almost always will be performed by an FFL, you are stuck at 21 due to federal law.  I say almost always because you can still use VSP at some gun shows to do a transfer, and they aren't an FFL, so 18 should be fine there.  I think.

But IANAL.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By scuba_steve:
Originally Posted By rookie421:
Originally Posted By HansohnBrothers:
Since you are out-of-state, will have to wait until she is 21 and has to go through a dealer here.


Does that also apply to private sales now that they have to go through a FFL?

If i wanted to sell a handgun to my buddies kid who is 18, will bringing the FFL into it due to the UBC cause an issue? Before UBC, I could just sell it to him since the only hang up was that an FFL could not sell to under 21 but, private sales were fine.

I am not looking to due this, just trying to get clarification for my own knowledge and used "my buddies kid" as a scenario.

eta: in my factious scenario all parties are residents of Va.


My read is that it would, if going through an FFL.  

Before the VA law changed, 18 would have been fine for a private party pistol sale between state residents, but now that VA law requires a background check even for private party sales and that check will almost always will be performed by an FFL, you are stuck at 21 due to federal law.  I say almost always because you can still use VSP at some gun shows to do a transfer, and they aren't an FFL, so 18 should be fine there.  I think.

But IANAL.


That is what i was thinking also. I was hoping at some point HansohnBrothers would put there 2 cents in since they are a FFL. Maybe they know something I don't.
Link Posted: 9/8/2021 3:21:14 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By rookie421:


That is what i was thinking also. I was hoping at some point HansohnBrothers would put there 2 cents in since they are a FFL. Maybe they know something I don't.
View Quote

I was also hoping they would call me and tell me my stamp is in.  
Link Posted: 9/8/2021 3:51:55 PM EDT
[Last Edit: 9/8/2021 3:52:39 PM EDT by rookie421]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By scuba_steve:

I was also hoping they would call me and tell me my stamp is in.  
View Quote


They don't call you when you stamp comes in, they email you I got my email last month and scheduled my pick up for a few days later. I have not had a chance to take my sbs out yet.
Link Posted: 9/8/2021 8:41:07 PM EDT
Does your daughter already have a glock of some type that she is comfortable with?
Link Posted: 9/9/2021 2:43:53 AM EDT
No. She enjoys shooting but isn't necessarily interested in firearms. She just puts up with it because dad likes guns and wants the Bauer because it's "cool looking". I still have to order a pin and possibly a new extractor, I blew the last one out. Currently it's rigged with a roll pin. She is a natural. Her first group with a rifle at 100 yards, Daewoo rifle, when she was 9.

Attachment Attached File
Link Posted: 9/9/2021 2:46:52 AM EDT
Thanks for the feedback fellas, I got my answer.
Link Posted: 9/21/2021 8:01:38 PM EDT
Contact the ATF.  Ask them about a living bequeathment.
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