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Question about transferring a gun

AzAfshinAzAfshin Member Posts: 2,985 ✭✭
edited May 2017 in General Discussion
My nephew is graduating from the police academy in Georgia in a few months. I want to give him my S&W 629 as a graduation gift since he's been lusting after it for years (and he shoots it well one handed, big boy). My question is, given that I'm from Dallas and can legally take the gun there with me (going there for his graduation of course), can I just hand it to him as a gift or do I need to go with him to an FFL? Obviously I want to make sure it's all done proper and legally.

Comments

  • DocDoc Member Posts: 13,898 ✭✭✭
    edited November -1
    Handing it over would be in violation of the law. Take him to a gun shop and do a transfer on it. The fee is worth the peace of mind. Not good for a new cop to violate the law his first day out of the academy.
    ....................................................................................................
    Too old to live...too young to die...
  • hunter86004hunter86004 Member Posts: 1,222 ✭✭✭✭✭
    edited November -1
    IIRC, if he's in Georgia and you're in Georgia, there should be no problem. If he lives in Georgia and visits you in Texas, the handgun would have to be shipped to a dealer in Georgia. Rifles are a bit different, but if it were me, I'd contact my local BATFE office just to be sure.

    As a dealer, I can't transfer a handgun to a nonresident of my state and it needs to be shipped to a dealer in the transferee's state.
  • tsavo303tsavo303 Member Posts: 8,913 ✭✭✭
    edited November -1
    why would you contact your local batf office with mundane questions?
    thats like calling the irs.
  • nmyersnmyers Member Posts: 16,892 ✭✭✭✭
    edited November -1
    You cannot just take a gun to another state. GA is one of the more free states, but carrying a concealed weapon there is not something that you want to be charged with.

    I recommend just telling your nephew about the gift, & ask him to set up the transfer with a local FFL (most LEO's have a local "cop shop"). Then, ship the gun directly to his FFL yourself, or make arrangements with a dealer in your state to ship it.

    Neal
  • tsavo303tsavo303 Member Posts: 8,913 ✭✭✭
    edited November -1
    Yes you can just take a gun to Georgia. He said nothing about carrying concealed?
    Let's not confuse things.
    Yes you can just take it to a ffl in ga and he will write two lines in his dealer book
  • Smitty500magSmitty500mag Member Posts: 13,623 ✭✭✭✭
    edited November -1
    quote:Originally posted by nmyers
    You cannot just take a gun to another state. GA is one of the more free states, but carrying a concealed weapon there is not something that you want to be charged with.

    I recommend just telling your nephew about the gift, & ask him to set up the transfer with a local FFL (most LEO's have a local "cop shop"). Then, ship the gun directly to his FFL yourself, or make arrangements with a dealer in your state to ship it.

    Neal


    What are you talking about? Yes you can take a gun to another state. I carry a gun every where I go legally with a concealed carry permit that's good in approx. 38 states. Even if I didn't have a permit I can transport the gun in a case in the trunk of my car.
  • wiplashwiplash Member Posts: 7,145 ✭✭
    edited November -1
    Does Georgia have registration laws?
    There is no such thing as Liberal Men, only Liberal Women with Penises.'
  • tsavo303tsavo303 Member Posts: 8,913 ✭✭✭
    edited November -1
    No.
    But to correctly transfer a handgun from an out of state seller/gifter it needs to go thru an ffl. Simple
    And yes you can just show up with it
    If both lived in Georgia nothing would be required
  • CaptFunCaptFun Member Posts: 16,678 ✭✭✭
    edited November -1
    quote:Originally posted by wiplash
    Does Georgia have registration laws?

    No we do not. In fact Gov. Deal signed 3 very pro Gun laws in the past 2 weeks. Campus Carry and 2 Reciprocity and "Clean up" laws that better define terms in existing laws.
  • tsavo303tsavo303 Member Posts: 8,913 ✭✭✭
    edited November -1
  • 1911a1-fan1911a1-fan Member Posts: 51,193 ✭✭
    edited November -1
    boy you guys sure make things difficult


    give him the gun after graduation because thats where the surprise will be, then do the transfer before you leave
  • wiplashwiplash Member Posts: 7,145 ✭✭
    edited November -1
    Arizona doesn't have registration, Georgia doesn't have it either.

    Just take it down and give it to him. No Transfers are needed.
    There is no such thing as Liberal Men, only Liberal Women with Penises.'
  • gjshawgjshaw Member Posts: 14,770 ✭✭✭✭
    edited November -1
    quote:Originally posted by wiplash
    Arizona doesn't have registration, Georgia doesn't have it either.

    Just take it down and give it to him. No Transfers are needed.



    +1
  • montanajoemontanajoe Forums Admins, Member, Moderator Posts: 60,262 ******
    edited November -1
    quote:Originally posted by 1911a1-fan
    boy you guys sure make things difficult


    give him the gun after graduation because thats where the surprise will be, then do the transfer before you leave
    This got it,,,[;)][;)]
  • AzAfshinAzAfshin Member Posts: 2,985 ✭✭
    edited November -1
    Didn't mean to start anything here. I'm a Texas resident and he lives in Atlanta, GA. I think what I'll do is take it with me and transfer it to my sister using an FFL in Atlanta. That way she can hand it to him after graduation and keep the surprise. Or is that going to be a straw transfer?

    Now that I think about it 1911a1 makes the most sense. That's what I'll do.
  • CaptFunCaptFun Member Posts: 16,678 ✭✭✭
    edited November -1
    quote:Originally posted by AzAfshin
    Didn't mean to start anything here. I'm a Texas resident and he lives in Atlanta, GA. I think what I'll do is take it with me and transfer it to my sister using an FFL in Atlanta. That way she can hand it to him after graduation and keep the surprise. Or is that going to be a straw transfer?

    Now that I think about it 1911a1 makes the most sense. That's what I'll do.


    What part of town? I may know some guys...
  • shilowarshilowar Member Posts: 38,811 ✭✭✭
    edited November -1
    quote:Originally posted by AzAfshin
    Didn't mean to start anything here. I'm a Texas resident and he lives in Atlanta, GA. I think what I'll do is take it with me and transfer it to my sister using an FFL in Atlanta. That way she can hand it to him after graduation and keep the surprise. Or is that going to be a straw transfer?

    Now that I think about it 1911a1 makes the most sense. That's what I'll do.


    Bingo..."Congratulations on your graduation...this is yours!! As soon as we go to a gun shop and you fill out a 4473. "[;)]


    If you want to make it really exciting, pull it out and yell right at the end of graduation. The rest of the cops there will be excited for him! [:p]
  • AzAfshinAzAfshin Member Posts: 2,985 ✭✭
    edited November -1
    Shilo, I was thinking the same thing. I'm sure all the other cops will be really happy for him [:D] On a more serious note though, I would have liked to present it to him at his graduation in a nice presentation box, but don't think that will go well with the gathered crowd either.

    Capt, he lives in Marietta and is going to the academy for Georgia State Patrol.
  • gunnut505gunnut505 Member Posts: 10,290
    edited November -1
    Gifting a firearm to your Son has become such a legal hassle because the (d)s have created a patchwork of crap in their zeal to infringe upon as many gun regulations as possible.
    I gift firearms that I've owned for years without the dubious benefits of involving law enforcement. It's obviously not a "straw purchase", an "illegal sale", or anybody's freaking business what I do with personal property that I've owned for 20 years or more. If I felt that the recipient would abuse it, wave it around in a crowd, or sell it to a crack dealer; I give them books, instead.
    IF a gun that was last in my possession becomes the subject of any sort of investigation of criminality; it had to have been stolen.
  • DocDoc Member Posts: 13,898 ✭✭✭
    edited November -1
    If an AZ resident takes a handgun to GA and "just gives it to him" that will be in violation of federal law. Brand new officer breaking federal law on his first day out of academy? Is this really what some of you are recommending?
    ....................................................................................................
    Too old to live...too young to die...
  • CaptFunCaptFun Member Posts: 16,678 ✭✭✭
    edited November -1
    quote:Originally posted by AzAfshin
    Shilo, I was thinking the same thing. I'm sure all the other cops will be really happy for him [:D] On a more serious note though, I would have liked to present it to him at his graduation in a nice presentation box, but don't think that will go well with the gathered crowd either.

    Capt, he lives in Marietta and is going to the academy for Georgia State Patrol.


    Let me ask my FFL in the morning. He lives in Marietta.
  • themountainmanthemountainman Member Posts: 1,207 ✭✭✭
    edited November -1
    A1 on Doc's post. Congratulations to the newest law enforcement in GA.
    There are 3 kinds of people in the world. Those who can do math and those who can't. :?
  • AzAfshinAzAfshin Member Posts: 2,985 ✭✭
    edited November -1
    quote:Originally posted by themountainman
    A1 on Doc's post. Congratulations to the newest law enforcement in GA.


    Thanks MountainMan, I'm very proud of him.
  • dfletcherdfletcher Member Posts: 8,179 ✭✭✭
    edited November -1
    quote:Originally posted by Doc
    If an AZ resident takes a handgun to GA and "just gives it to him" that will be in violation of federal law. Brand new officer breaking federal law on his first day out of academy? Is this really what some of you are recommending?


    Agree 100%.

    And, the OP didn't say whether he bought the 629 new through an FFL documented on a 4473 or if it was a real "private" paperless sale. So handing the gun over to the kid & it gets used to save his fanny, someone may ask "so where'd you get the gun?". And he says "my Pop gave it to me" - cause Pop wouldn't do anything to put his kid's fanny in a pinch, he figures.

    I'm all for keeping things simple. I think the "no crossing state lines" federal restriction is silly. But like you said, it's the law and it sure would stink if something bad happened.

    Some folks never consider what can happen with a gun sold on the sly - self defense involves the cops, an accident, crime. With guns sold over the years I've had a buyer blow his brains out, another rob someone and get caught, another kill his wife & girlfriend and then himself. Among other things. Glad I played by the rules.

    All the Pop has to do is toss the gun in a trunk, drive to an FFL in gun friendly GA & do the deal with the kid. Probably pay a few $$$ for the FFL's time. Easy as hell.

    And a new LE getting to know a local FFL isn't a bad thing either.
  • He DogHe Dog Member Posts: 51,593 ✭✭✭✭
    edited November -1
    How did Dallas end up in Arizona? It needs to go though an FFL in Georgia. You cannot transfer a hand gun interstate individual to individual legally. This ain't all that complicated.
  • AzAfshinAzAfshin Member Posts: 2,985 ✭✭
    edited November -1
    Ok, let me set some elements of the story straight. I live in Dallas, TX. The Az in my forum name doesn't stand for Arizona [:)]

    I bought the gun at a store all legal and such. My nephew likes it very much. I'll be physically travelling to Georgia for his graduation and will take the gun with me (no problems so far). I'd like to surprise him for his graduation (already buying him his class ring and he knows about it), so I'll take 1911a1's suggestion and present it to him once we get home from his graduation (still in Georgia), and the next day will go with him to an FFL and transfer it to him all legal like.

    He's like a son to me and I am very proud of his dedication and accomplishment, so I'm making a big deal out of this and want him to be surprised. But want to make sure that his first act after becoming a cop does not break the law.
  • He DogHe Dog Member Posts: 51,593 ✭✭✭✭
    edited November -1
    Perfect AzTex [:p] That will be great and perfectly legal. Congrats to him, Georgia needs more cops to keep an eye on those GunBroker guys.[}:)]
  • bs233jlbs233jl Member Posts: 625 ✭✭✭
    edited November -1
    Here is another scenario. I have a rifle in Fla. I gift it to my son who lives in Fla. Then he moves to another state. Does he have to go get a ffl to register it? [:)]
  • He DogHe Dog Member Posts: 51,593 ✭✭✭✭
    edited November -1
    quote:Originally posted by bs233jl
    Here is another scenario. I have a rifle in Fla. I gift it to my son who lives in Fla. Then he moves to another state. Does he have to go get a ffl to register it? [:)]



    What he has to do depends upon the laws of the state he lands in. He might not even be able to transfer it in to Cali. He need do nothing to move it to NM, no registration of any gun.
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