Posted: 7/11/2015 4:13:47 PM EDT
| I'm going to send my parents a pistol as a gift; they live in Pennsylvania. I know I have to send the pistol to an FFL to have it transferred to them. Do I have to have an FFL send it, or can I UPS it directly to the FFL. The last time I sold a gun across state lines, I myself sent it to an FFL in Arizona and they transferred it to the purchaser. One of the clerks at Adventure Outdoors today told me that I have to have an FFL send it to the FFL. Is that right? |
| They are full of shit. You need to check with the FFL you are sending it to and make sure they will accept a gun from a individual. If they will then you can send it straight to them by either FedEx or UPS. If not then you would have to have an FFL ship it and an FFl can ship it cheaper for you as they can and most will send it USPS insured to another FFL. |
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As long as the receiving FFL will accept it from you, you're fine.
As a rule, I do NOT accept firearms from individuals. I have no idea who is sending it to me, and if it turns out to be hot, then I am on the hook for positively identifying the individual I acquired it from. Even if you send me a copy of "your" ID with the firearm, how do I know that is actually YOU?!? If it were me, I'd send my mom to the FFL y'all are thinking about transferring it thru, to ask if he's willing to accept it from you. There's something about a mom walking thru the door saying, "my son is worried about me, and wants to send me a handgun to protect myself with, will you accept a shipment from him directly?" that would most likely make me bend my policy..... 
NO, I DON'T ACCEPT TRANSFERS FROM INDIVIDUALS!!!!! 
But, YES, I DO make exceptions!!!!! 
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Quoted:
There are some grey areas around intrafamily gifts. Should be in the ATF faq but I believe it can be done without a transfer. Perhaps that's for estates but worth looking into. If it were FTF it would likely be fine. But to ship it across state lines, I believe, would be a problem. However, I have been wrong before, and ain't too proud to admit it!!! 
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Quoted:
Well let me ask you this... My lieutenant is actually driving up north to PA and is literally driving through their town. Can I just have him hand the gun to them? Or is that not kosher? Excellent question! Gosh, my first inclination is to say yes, assuming your LT is legal to own a firearm (and of course he is). IF, you are legal to buy/own it, and IF your LT is legal to possess it, and IF it is a TRUE gift, not you buying it and them reimbursing you for it (SCOTUS has already said THAT'S a no-no), and IF the firearm is legal to own wherever they live, and IF the gift is not bragged about outside the family to some busybody (the first rule of Fight Club.....), and probably a few other IFs; I can't think of any reason why doing it that way would not be legal, BUT I suspect that it's kind of a grey area of the law. Personally I see nothing wrong with it, BUT, I am neither a lawyer, nor an ATF agent...... However, having your LT transport it across state lines to deliver it for you, is a kind of a convoluted chain of possession, for a gift that involves the interstate transfer of a handgun. Maybe if it's wrapped up in a box with a ribbon on it, and a card made out to them attached? Bottom line: I'm thinking only an ATF agent could give you a remotely correct answer on this one. If you call them, explain the situation, and tell them that you are trying NOT to break any laws, I'm sure they'll have an answer, and a good explanation as to why they arrived at that conclusion. AND, on this particular question, I've got a hunch that if you didn't like the answer, you could call back and talk to someone else in a different office, and you'd stand a pretty good chance of getting a different answer. 
ETA: IM sent |
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Quoted: Well let me ask you this... My lieutenant is actually driving up north to PA and is literally driving through their town. Can I just have him hand the gun to them? Or is that not kosher? If they have an FFL who will do so, have him deliver it to their FFL to handle a proper transfer. |
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Technically there is no legal way to give to a family member over state lines without going through an FFL. There is no interstate exemption for family.(dumb i agree) To receive a pistol across state lines you have to be an FFL. Having your lieutenant deliver it makes it even less kosher. (unless he delivers to an FFL there) The best way would be to have an FFL here mail it to an FFL there. FFL outgoing fees + shipping + FFL incoming fees will still be cheaper than UPS/FedEx 2nd Day Air.
Sorry to be the bearer of bad news. |