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Posted: 3/16/2018 7:31:01 PM EDT
I'd like to transfer a C&R pistol from my bound book to my brother in Florida face to face....I'm from Pennsylvania.  As far as the feds are concerned, no foul in doing this.  However, will I or my brother run afoul with some Florida laws?  Any Florida 01's know the proper procedure if any?
Link Posted: 3/16/2018 10:13:26 PM EDT
[#1]
Quoted:
I'd like to transfer a C&R pistol from my bound book to my brother in Florida face to face....I'm from Pennsylvania.  As far as the feds are concerned, no foul in doing this.  However, will I or my brother run afoul with some Florida laws?  Any Florida 01's know the proper procedure if any?
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As a former FFL 01 and past C&R 03, I am just giving my opinion here.

I don't think you can do what you want to do.  My opinion has nothing to do with Florida statutes.  I don't think you can do what you want to do under federal regulation.  Why do you say that "As far as the feds are concerned, no foul in doing this."  I don't think you can do an interstate transfer to a non-licensee.  I caution you to review the residency requirements for transfers again before proceeding.

I think the proper way to do this is to ship the gun to a Florida FFL 01 and have them do a normal transfer to your brother.

Sorry, if I didn't understand your intent correctly.  My interpretation of the regulations is based upon my understanding of your intent.  If I am wrong, I apologize.
Link Posted: 3/16/2018 10:55:46 PM EDT
[#2]
BATF 03 regs allow for disposition of C&R firearms out of the bound book to non licensees.  As you know, BATF does not enforce state firearm laws.  Therefore the intended disposition would be legal in their eyes.  I'm concerned about compliance with FL state law concerning such a disposition.  Many states allow immediate relatives to acquire firearms from their relatives without registration or background checks.  I can't find anything that addresses this unique situation in FL firearms law.  I'm also a former 01 FFL.
Link Posted: 3/16/2018 11:07:56 PM EDT
[#3]
Just found the issue.  I can transport interstate but can't transfer to a resident unless IN my state.  Thanks for jogging my memory to check residency requirements.
Gonna have to do this one the hard way.
Link Posted: 3/17/2018 7:26:28 PM EDT
[#4]
I started looking, but haven't found the exact Law, but last I knew (and I was 01FFL and still am 03) you could transfer/gift/sell to you immediate Family without involving a Dealer so long as he's not a "prohibited person"  It doesn't have to be "registered" and you can log it out of your Bound Book by simply writing his name and address in it.  PA doesn't care and neither does FL.
"Shoot, Shove, Shut-up."  
Link Posted: 3/17/2018 7:45:44 PM EDT
[#5]
There is no (federal) "family" exception to an interstate transfer.
Link Posted: 3/18/2018 11:44:04 AM EDT
[#6]
I'd like to transfer a C&R pistol from my bound book to my brother in Florida face to face...
We could get into the minutia of Residency, and perhaps if there were mitigating circumstances such as the Brother was a wack-job, or Felon, but really, is there that much a concern over giving a gun as a gift to ones sibling? When you surrender or fail to renew your C&R FFL, the BATFE tells you to destroy the Logbook.  
If he were in a communist State like NY there would be "issues" but not in the transient State of FL.
Link Posted: 3/18/2018 1:13:27 PM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I'd like to transfer a C&R pistol from my bound book to my brother in Florida face to face...
We could get into the minutia of Residency, and perhaps if there were mitigating circumstances such as the Brother was a wack-job, or Felon, but really, is there that much a concern over giving a gun as a gift to ones sibling? When you surrender or fail to renew your C&R FFL, the BATFE tells you to destroy the Logbook.  
If he were in a communist State like NY there would be "issues" but not in the transient State of FL.
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You sir, are suborning a felony.

Do what you want with your own life, but don't encourage others to break federal regulations.  Seems the entire reason the OP asked the question was to ensure that he did not break any law.  He was advised that his plan was not legal, and he made it clear he was going to pursue a legal transfer through an FFL.  Why try and talk him into an illegal act?
Link Posted: 3/19/2018 4:31:30 AM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

You sir, are suborning a felony.

Do what you want with your own life, but don't encourage others to break federal regulations.  Seems the entire reason the OP asked the question was to ensure that he did not break any law.  He was advised that his plan was not legal, and he made it clear he was going to pursue a legal transfer through an FFL.  Why try and talk him into an illegal act?
View Quote
That is NOT my intention, nor advise. I did say that I thought there is a ruling on gifting guns to Family members. If there's any doubt, which seems to be the case, bring it to a Dealer and transfer it. If he wants to Ship it, do so likewise by sending it to a dealer and have it transferred....One could always call the ATF and ask them if it's OK.  
Link Posted: 3/19/2018 8:48:45 AM EDT
[#9]
I am going to retract what i said as i cannot prove/find the text.
[u]Perhaps I am mistaking the first question on a 4473 "Are you the actual buyer..." which one can be the buyer even though its being gifted. (Parent buying a gun for their underage child, etc.) YMMV, this is the internet after all, and advise is worth what it cost.
Link Posted: 3/19/2018 10:52:20 AM EDT
[#10]
Deleted so as not to appear argumentative.
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