AR-15 Gift MN to MI

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Posted: 4/28/2014 6:29:45 AM EDT

My friend lives in MN and he built me and AR-15 as a gift, I live in MI. I know in MI you can purchase long guns without permit and do not have to register them. I am going to visit next weekend to get it, is there anything that must be done in MN or MI? Or can I simply take the gun home with me to MI? Perhaps fill out a "bill of sale" just for records even tho technically I am not going to be paying for it? I have looked online but am having trouble coming up with a answer. Thank you in advance!

Posted: 4/28/2014 5:14:06 AM EDT

[#1]

It should be shipped to an FFL in Michigan. You can buy a long gun from border states if purchased through an FFL (double check state law) but privately it should be sent to a FFL.

Or he sends you everything but the lower, and you snag that on your own.

Posted: 4/28/2014 5:23:25 AM EDT

[#2]

So I couldn't bring it home and then take it to a FFL here and just do the papers?

Posted: 4/28/2014 5:29:16 AM EDT

[#3]

Nope

Posted: 4/28/2014 5:29:58 AM EDT

[#4]

Thank you for the info!

Posted: 4/28/2014 5:34:47 AM EDT

[#5]

Take it home and shoot it. I am not aware of any reason to take a gift to an FFL if you are carrying it...unless there is a state requirement. Hometown forums may help you there. This should be treated as a face to face transaction...no paperwork needed. When I sell or gift a weapon to someone, I do usually give them a Bill of Sale. This protects me if something happens down the road. If you are mailing or shipping it, then you are supposed to go thru an FFL. You may be able to ship to yourself without going thru an FFL. Someone will be along shortly to agree/disagree.

Posted: 4/28/2014 5:37:49 AM EDT

[#6]

And welcome to the bs grey area that our government has provided us with.

A gift is still a transfer, and across state line transfers is what dictates the FFL.

But, that is how I interpret it, and I am not a lawyer.

Posted: 4/28/2014 5:43:45 AM EDT

[#7]

I just want to make sure no one gets in trouble, it is a incredibly humbling gift from a good friend! I would hate for him or me to get into some kind of trouble. In MI I just could just buy one from a private party no problem but I wanted to hear what people with more knowledge than myself in the matter had to say!

Posted: 4/28/2014 5:45:36 AM EDT

[#8]

This sounds about right to me. I'm not aware of any need to involve an FFL for face-to-face private-party sales. Others may know more. A bill of sale should definitely be part of the transaction.

Posted: 4/28/2014 5:47:04 AM EDT

[#9]

As far as I am aware, shipped through the mail requires that the firearm be sent to a FFL holder. Person to person private seller/buyer transfer just requires that the firearm be transported (unloaded/secured properly, etc.) within your vehicle. As long as it is a long gun and isn't a handgun you shouldn't have to worry about any FFL holder involvement.

Posted: 4/28/2014 7:19:29 AM EDT

[#10]

Hold up!

OP, please refer to this thread for some information regarding a somewhat similar, yet different situation.

27 CFR 478.29:

§ 478.29Out-of-State acquisition of firearms by nonlicensees.

No person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, shall transport into or receive in the State where the person resides (or if a corporation or other business entity, where it maintains a place 

of business) any firearm purchased or otherwise obtained by such person outside that State: Provided, That the provisions of this section:



(a) Shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to 

purchase or possess such firearm in that State,



(b) Shall not apply to the transportation or receipt of a rifle or shotgun obtained from a licensed manufacturer, licensed importer, licensed dealer, or licensed collector in a State other than the transferee's State of residence in an over-the-counter 

transaction at the licensee's premises obtained in conformity with the provisions of § 478.96(c) and



(c) Shall not apply to the transportation or receipt of a firearm obtained in conformity with the provisions of §§ 478.30 and 478.97.

27 CFR 478.30:

§ 478.30Out-of-State disposition of firearms by nonlicensees.

No nonlicensee shall transfer, sell, trade, give, transport, or deliver any firearm to any other nonlicensee, who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, 

does not maintain a place of business in) the State in which the transferor resides: Provided, That the provisions of this section:



(a) shall not apply to the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or any acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under 

the laws of the State of his residence; and



(b) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes.

18 USC 922:

(b)It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver— 



(3)any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s 

place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in 

person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of 

this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary 

use for lawful sporting purposes;

MCL 3.111:

Residents of this state may purchase rifles and shotguns in any state if they conform to the federal gun control act of 1968, Public Law 90-618, and the regulations issued under that act, as administered by the secretary of the treasury, 

and with the laws of the state in which the purchase is made.

The transfer must occur through an FFL. However, I am not familiar with Minnesota's firearms laws, so I suggest you review them to determine if you can take possession of the firearm in MN or if it must be transferred to an FFL back in MI to complete the transfer to you.

ETA: Here are some laws from MN:

624.7132:

Subd. 4.Delivery.



Except as otherwise provided in subdivision 7 or 8, no person shall deliver a pistol or semiautomatic military-style assault weapon to a proposed transferee until five business days after the date the agreement to transfer is delivered 

to a chief of police or sheriff in accordance with subdivision 1 unless the chief of police or sheriff waives all or a portion of the seven-day waiting period.



Subd. 8.Report not required.



If the proposed transferee presents a valid transferee permit issued under section 624.7131 or a valid permit to carry issued under section 624.714, the transferor need not file a transfer report.

624.714:

Subd. 16.Recognition of permits from other states.



(a) The commissioner must annually establish and publish a list of other states that have laws governing the issuance of permits to carry weapons that are not substantially similar to this section. The list must be available on the 

Internet. A person holding a carry permit from a state not on the list may use the license or permit in this state subject to the rights, privileges, and requirements of this section.

According to the NRA-ILA, MN does recognize MI CPLs. So if you hold a valid MI CPL, you should be able to complete the transfer at a MN FFL. If you do not hold a MI CPL, it would be best to have your friend ship the rifle to an FFL in MI.

18 USC 922:

(a)It shall be unlawful— 

(2)for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, 

licensed dealer, or licensed collector, except that—

 (A)this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a 

person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed 

dealer, or licensed collector;

Posted: 4/28/2014 10:09:28 AM EDT

[#11]

OP stated it was a gift...no buying or selling involved...unless there is a specific requirement in your state, there is no need to involve an FFL. Put it in your car and take it home. It is no ones business but your own.

Posted: 4/28/2014 11:10:46 AM EDT

[#12]

Quote History

Quoted:
OP stated it was a gift...no buying or selling involved...unless there is a specific requirement in your state, there is no need to involve an FFL. Put it in your car and take it home. It is no ones business but your own.

View Quote

Nope. Gift or not, still needs to go through FFL.

27 CFR 478.30:

§ 478.30Out-of-State disposition of firearms by nonlicensees.

No nonlicensee shall transfer, sell, trade, give, transport, or deliver any firearm to any other nonlicensee, who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, 

does not maintain a place of business in) the State in which the transferor resides: Provided, That the provisions of this section:



(a) shall not apply to the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or any acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under 

the laws of the State of his residence; and



(b) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes.

However you want to do it, it still needs to go through an FFL.

Posted: 4/29/2014 2:38:23 AM EDT

[#13]

Quote History

Quoted:
OP stated it was a gift...no buying or selling involved...unless there is a specific requirement in your state, there is no need to involve an FFL. Put it in your car and take it home. It is no ones business but your own.

View Quote

I'm sure this happens all try time without consequences... But it's still a transfer, money not being exchanged is irrelevant. Crossing state lines, is.

If both were in Michigan, or both Minnesota, then you would be correct.

Posted: 4/29/2014 6:56:09 AM EDT

[#14]

Quote History

Quoted:

Nope. Gift or not, still needs to go through FFL.

27 CFR 478.30:

§ 478.30Out-of-State disposition of firearms by nonlicensees.No nonlicensee shall transfer, sell, trade, give, transport, or deliver any firearm to any other nonlicensee, who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides: Provided, That the provisions of this section:(a) shall not apply to the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or any acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence; and(b) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes.

However you want to do it, it still needs to go through an FFL.

View Quote View All Quotes

View All Quotes

Quote History

Quoted:

Quoted:
OP stated it was a gift...no buying or selling involved...unless there is a specific requirement in your state, there is no need to involve an FFL. Put it in your car and take it home. It is no ones business but your own.

Nope. Gift or not, still needs to go through FFL.

27 CFR 478.30:

§ 478.30Out-of-State disposition of firearms by nonlicensees.No nonlicensee shall transfer, sell, trade, give, transport, or deliver any firearm to any other nonlicensee, who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides: Provided, That the provisions of this section:(a) shall not apply to the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or any acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence; and(b) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes.

However you want to do it, it still needs to go through an FFL.

I should be fine it says

"(a) shall not apply to the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or any acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence"

Which says Its ok if its legal in my home state. Which it is. Michigan law says it is ok for residents of this state to purchases rifles or shotguns in any state.

Posted: 4/29/2014 8:33:31 AM EDT

[#15]

Quote History

Quoted:

I should be fine it says

"(a) shall not apply to the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or any acquisition by intestate succession of a firearm by, a person who is
permitted to acquire or possess a firearm under the laws of the State of his residence"

Which says Its ok if its legal in my home state. Which it is. Michigan law says it is ok for residents of this state to purchases rifles or shotguns in any state.

View Quote View All Quotes

View All Quotes

Quote History

Quoted:

Quoted:
OP stated it was a gift...no buying or selling involved...unless there is a specific requirement in your state, there is no need to involve an FFL. Put it in your car and take it home. It is no ones business but your own.

Nope. Gift or not, still needs to go through FFL.

27 CFR 478.30:

§ 478.30Out-of-State disposition of firearms by nonlicensees.No nonlicensee shall transfer, sell, trade, give, transport, or deliver any firearm to any other nonlicensee, who the transferor knows or has reasonable cause to believe does 

not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides: Provided, That the provisions of this section:(a) shall not apply to the 

transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or any acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws 

of the State of his residence; and(b) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes.

However you want to do it, it still needs to go through an FFL.

I should be fine it says

"(a) shall not apply to the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or any acquisition by intestate succession of a firearm by, a person who is
permitted to acquire or possess a firearm under the laws of the State of his residence"

Which says Its ok if its legal in my home state. Which it is. Michigan law says it is ok for residents of this state to purchases rifles or shotguns in any state.

Nope. That's incorrect.

Context matters in this case.

You're quote is only fosucing on a portion of subpart a. The entire statement reads as follows with the important part highlighted:

:(a) shall not apply to the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or any acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm 

under the laws of the State of his residence;

bequest: the property or money that you promise in your will to give to another person or organization after you die

intestate succession: the distribution when a person dies without leaving a valid will and the spouse and heirs will take (receive the possessions) by the laws of descent and distribution and marital rights in the estate which may apply to a surviving spouse.

So unless your friend has passed away, it requires an FFL.

Posted: 4/29/2014 3:45:44 PM EDT

[#16]

$20.00 to ship and approx.$25 for FFL is cheap for a nice rifle that your bud gave you.

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