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Can I give a rifle away? II
Herschel
Member Posts: 2,035 ✭✭✭✭✭
Can anyone explain to me why a person will attempt to answer a question asked of an "expert" when they don't know beans about the correct answer? I frequently see answers that suggest the questioner commit a felony in transferring a firearm to a resident of a state other than the transferring party's state of residence. It would be helpful if those giving advice about interstate transfers cite a regulation that indicates it is OK to do it face to face. I personally only know of regulations that say it is illegal.
Comments
Are you saying it is illegal to transport you own firearms interstate? But it is legal to ship your gun to yourself interstate? That makes no sense.
If it is legal to ship a gun to yourself it would be legal for you to transport it there yourself.
If you leave a firearm at a friend's place so you can go and hunt a couple times a year without transporting it back and forth, - can a sheriff determine whether it's a gift or you're just leaving it there to use occasionally?
Not too many years back you could buy firearms legally at yard sales, 2nd hand stores, swap meets, auctions, etc. and they were considered the same as tools, furniture, playthings and anything else that didn't have sales rules that current firearms do.
For 8 or 10 years I have left a 60 year-old rifle at a relative's house 300 miles away and he and I both hunt pigs with it. Will a lawman read this and determine that I have given it away?
I know of the federal laws about selling firearms, but do you think the feds would arrest this guy for transporting a rifle to a friend in another state and just leaving it there? Would they consider this a sale or just lending it or leaving it there so he could use it sometime? Would he legally have to pick it up in 2 weeks, 2 years, 10 years?
I think the feds have more important issues to jump on than to even think about a problem(?) like this.
I have crossed state lines with firearms many times and have never been asked if I'm selling it, plan to hunt with it, lend it, or anything else. It looks to me like the way this law is written they can set you in a chair with a lie detector and pick your brain to make sure what you're going to do with them. If you send a firearm to a person and visit with him/her later, how do the law enforcers know WHO opens the package? The way these laws are written it seems that there are many issues that aren't even considered in this subject. ???- - -
Joe you usually give great answers but I dont follow you on this one.
Are you saying it is illegal to transport you own firearms interstate? But it is legal to ship your gun to yourself interstate? That makes no sense.
If it is legal to ship a gun to yourself it would be legal for you to transport it there yourself.
Nwcid,
If I follow Joe, he is saying that you can take your own firearm across state lines to use, but not to sell, of which he is correct, even if it is face to face.
Herschel,
quote:Can anyone explain to me why a person will attempt to answer a question asked of an "expert" when they don't know beans about the correct answer?
You have access to this device you use to criticize people who are trying to help you, by telling you no you cant take a firearm accross state lines to sell, even if it is face to face. Why don't you use that device to go on-line and check out the federal laws and state laws for yourself, and be your own "Expert"? If you don't care for the answer of which you are given, then why ask?
Best
I.Shute,
The point being is, that it only will take once for a FTF trans action to take place across the state line, and for that firearm to be used in a crime by someone that shouldn't be using one. Then when the feds do find out where it came from, the one who drove across state lines or transferred it to someone from across state lines will be made a poster boy, and bring all of our rights under scrutiny once again. Sit back and ask yourself, is it really worth it? The BATFE will confiscate, gun, car, computor, house where the computor or telephone was used to hook up the transfer, and leave you with nothing but an empty bank account from trying to fight them. Is it really worth it?
Then again out of reason, you would have to ask yourself why would someone want you to transfer a gun like this in the first place?
Best
Jeff's question was about transferring a firearm to a resident of another state. The "source" for my response was Federal Firearms Regulations Reference Guide (ATF P5300.4) pg 177:
"(B3) 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)]"
As for the additional question of whether you can ship a firearm to yourself at another location, the answer is in the same publication on page 177-178:
"(B9) May a nonlicensee ship firearms
interstate for his or her use in
hunting or other lawful activity?
Yes. A person may ship a firearm
to himself or herself in care of another
person in the State where he or she
intends to hunt or engage in any other
lawful activity. The package should
be addressed to the owner. Persons
other than the owner should not open
178
the package and take possession of
the firearm."
Neal
I try to look at all angles, and the mildest case is being stopped, and asked if they can have a "look-see". Refusal may involve impoundment of the car?? Who knows.
Well, I digress..they'll see the firearms. I, personally don't want to have to explain it roadside to someone not versed in ATF laws. But, hey, that's just me. Sorry for the confusion. Best, Joe
How Can I Legally Transport a Firearm Through Other States?
You have a legal right under Federal Law to transport a firearm though any state of the Union provided you take a few simple steps, such as locking it in your trunk unloaded. This is a preemptive law -- local and state governments cannot take this right away from you, the Federal law preempts all local and state governments.
(B7) May a nonlicensee transport firearms for sporting or other lawful
purposes?
Yes. Federal law provides a person, who is not prohibited by the GCA
from receiving or transporting firearms, the right to transport a firearm
under certain conditions, notwithstanding State or local law to the contrary.
The firearms must be unloaded and in a locked trunk or, in a vehicle lacking a
trunk, in a locked container other than the glove compartment or console.
Also, the carrying and possession must be lawful at the place of origin and
destination.
[18 U.S.C. 926A, 27 CFR 178.38]
? 178.38 Transportation of firearms.
Notwithstanding any other provision of any law or any rule or regulation of a State or any political
subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping,
or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where
such person may lawfully possess and carry such firearm to any other place where such person may lawfully
possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the
firearm nor any ammunition being transported is readily accessible or is directly accessible from the
passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a
compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked
container other than the glove compartment or console.
Last time I checked, gifting a rifle face to face, is well within the law.
Shute brings up something that I hadn't thought of: ownership vs storage. It's my rifle. I know how to legally transport it across state lines. What if I just leave it at her farm so when I visit I can take MY rifle out to shoot varmits? No money changes hands, no bill of sale, etc. Jeff isn't opposed to sharing so she is welcome to use MY rifle.
Is this viable solution?
Thanks again guys,
Can anyone explain to me why a person will attempt to answer a question asked of an "expert" when they don't know beans about the correct answer?
...Because they are not really an expert on the question they answered? (ok, now what do I win?)...I ONLY answer questions that I am 99.9999999% sure I know what I am talking about...[;)]