Posted: 2/16/2010 8:40:01 AM EDT
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I have a niece that is a NOLA resident, student at Tulane Medical, lives off campus. She's over 21 and never been in trouble or any sort.
Can I give her a rifle? TIA mm |
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Is she a resident of Texas or of Louisiana? If Texas, then I say you are good to go; but if Louisiana, then IMHO it would be best to transfer the rifle to her via an FFL holder in Louisiana. Federal law does note several exceptions, one being for students: in this case, she could have permanent residency in one state, but then for purposes of purchasing firearms, she could be considered a resident of the state in which she attends school for the period she is in school...
see page 127 here: http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf An out-of-State college student may establish residence in a State by residing and maintaining a home in a college dormitory or in a location off-campus during the school term. ATF Rul. 80-21 "State of residence" is defined by regulation in 27 CFR 178.11 as the State in which an individual regularly resides or maintains a home. The regulation also provides an example of an individual who maintains a home in State X and a home in State Y. The individual regularly resides in State X except for the summer months and in State Y for the summer months of the year. The regulation states that during the time the individual actually resides in State X he is a resident of State X, and during the time he actually resides in State Y he is a resident of State Y. Applying the above example to out-of-State college students it is held, that during the time the students actually reside in a college dormitory or at an off-campus location they are considered residents of the State where the dormitory or off-campus home is located. During the time out-of-State college students actually reside in their home State they are considered residents of their home State. [ATFB 1980-4 25] |
| The real question here is where is the transfer going to take place? Is she going to come over here, or are you going to take the rifle over there? As far as I know, it isn't illegal for a TX resident to go to LA and purchase a rifle, and the same goes for a resident of LA. If it were me, I would just give the damn thing to her. Why does everything have to involve the .gov? |
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I have a niece that is a NOLA resident, student at Tulane Medical, lives off campus. She's over 21 and never been in trouble or any sort. Can I give her a rifle? TIA mm Because she is a LA resident she may only acquire a long gun from a FFL in Texas. You have two choices: 1. Ship the rifle to an FFL in Louisiana, she completes the 4473 and passes the NICS- it's hers to keep. 2. She comes to visit you in Texas, you take the firearm to an FFL in your town and he can transfer to her after the 4473 and NICS. ATF FAQ's: http://www.atf.gov/firearms/faq/unlicensed-persons.html#gca-unlicensed-transfer Q: To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or 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)(3) and (5), 922(d), 27 CFR 478.29 and 478.30] Q: From whom may an unlicensed person acquire a firearm under the GCA? A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes. [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30] Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer. [18 U.S.C. 922(a)(3) and 922(b)(3)] |
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That only deals with PURCHASING not giving.  I'll highlight it for you. Q: From whom may an unlicensed person acquire a firearm under the GCA?
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes. [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30] If you think only "purchasing" is subject to Federal law, you are badly mistaken. I transfer dozens of firearms every week- yet sell none of them. |
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That only deals with PURCHASING not giving. I'll highlight it for you. Q: From whom may an unlicensed person acquire a firearm under the GCA?
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes. [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30] If you think only "purchasing" is subject to Federal law, you are badly mistaken. I transfer dozens of firearms every week- yet sell none of them. Yes, but he isn't a "liscensee".........or am I reading too much into this??? 
As far as your business concerns the person you transfer the firearm to already PAID another FFL dealer somewhere else or to a private citizen who is FORCED to send it to an FFL in the state the purchaser resides in to complete the NICS check. |
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That only deals with PURCHASING not giving. I'll highlight it for you. Q: From whom may an unlicensed person acquire a firearm under the GCA?
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes. [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30] If you think only "purchasing" is subject to Federal law, you are badly mistaken. I transfer dozens of firearms every week- yet sell none of them. Yes, but he isn't a "liscensee".........or am I reading too much into this???
As far as your business concerns the person you transfer the firearm to already PAID another FFL dealer somewhere else or to a private citizen who is FORCED to send it to an FFL in the state the purchaser resides in to complete the NICS check. You are correct, he not a licensee. As a "nonlicensee" he may not transfer (ie: sell, trade, give, gift etc) a firearm (of any type) to someone who is not a resident of Texas. As the niece is a Louisiana resident she may only acquire long guns outside the state of Louisiana from licensed dealers (FFL). If she comes to Texas (or he goes to Louisiana) and "gifts" her the rifle directly (without transferring through an FFL) , both uncle and niece are committing a Federal crime. |
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How does a gift factor in to this? I realize it's already touched on above but, I thought there was provisions for gift firearms? It's not uncommon to give or receive firearms for Christmas or Birthdays. It doesn't matter under Federal law if it is a gift or purchase. Interstate transfers of firearms REQUIRE that they be transferred through an FFL. If I want to give my Dad (who lives in Arkansas) a handgun for Christmas, I have to transfer it to him through an Arkansas FFL. The Arkansas FFL will have my father complete a 4473 and he'll have to pass a NICS check. There are certain exceptions: 1. Firearms sent to the manufacturer for repair (or if unrepairable, a replacement) may be returned directly to the owner. No FFL, no 4473, no NICS needed. 2. LEO's under official business. No FFL, no 4473, no NICS needed. 3. You are "bequeathed" a firearm in a will. (Grandpa died and left all his guns to you). The guns are "yours" the moment the will is probated (as long as you are not a "prohibited person" under Federal law). If Grandpa was a Texas resident, you can have all those guns shipped directly to your home in Texas. No FFL, no 4473, no NICS needed. If Grandpa was an Arkansas resident, the guns are still "yours", but it affects how they will get to you. If you go to Arkansas, pack up the guns AND SHIP THEM YOURSELF, you can ship them directly to yourself at your home in Texas, addressed to yourself. If someone else does the shipping it must be shipped to a Texas FFL and you will need to complete a 4473 and pass a NICS check to take possession. If you have your wife, brother or grandma pack and ship those guns to you in Texas, bypassing the FFL, you all are commiting a Federal crime. |