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Handgun transfer

sockssocks Member Posts: 189 ✭✭✭
edited July 2014 in Ask the Experts
If my brother in Florida sells/gives me a handgun does this transfer need to go through a Florida FFL? I will then drive the gun to my home state of South Carolina. Do I then need to take it to my FFL in SC for transfer here too? Unsure of the correct steps to take. Thanks!
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Comments

  • nmyersnmyers Member Posts: 16,890 ✭✭✭✭
    edited November -1
    The legally correct answer is: your brother needs to ship/deliver the gun to your SC FFL. Your FFL will determine if the gun can be legally transferred to you, he will have you complete paperwork & run a federal background check on you, & then transfer it to you in accordance with SC law. (First you will need to make sure that your FFL is willing to do this, & negotiate his fee.)

    OTOH, there may be a legal loophole that would make this simpler if we had more information. Let's say the gun belonged to your father & you inherited it, but you left it at your father's house & are now taking possession of it...... We would need to know where & when your brother got the gun, what the gun is, how old it is, etc, all of which details you may not want to discuss with us.

    Neal
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  • AmbroseAmbrose Member Posts: 3,219 ✭✭✭✭
    edited November -1
    Couldn't a face to face transfer be done at a FFL in Florida since the OP is already there?
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  • duckhunterduckhunter Member Posts: 7,687 ✭✭✭
    edited November -1
    NO !!!!!!!!!!!!!
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  • slumlord44slumlord44 Member Posts: 3,702 ✭✭✭
    edited November -1
    I think the brother could take the gun to South Carolina and transfer it to his brother through a South Carolina FFL.
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  • tsr1965tsr1965 Member Posts: 8,682 ✭✭
    edited November -1
    At the price of gas these days, it is cheaper to have your brother send it to your chosen FFL dealer in SC, VIA UPS. It is also legal that way.

    Best
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  • sockssocks Member Posts: 189 ✭✭✭
    edited November -1
    Thanks, guys. Thing is, I'll BE there (Florida) anyway so I was just trying to determine what I needed to do to be able to take it back home in my car and if FFL involvement was necessary at both ends? Thanks again for all the advice.
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  • AMR ArmsAMR Arms Member Posts: 22 ✭✭
    edited November -1
    Your brother will have to ship it to a licensed firearms dealer in the state of your residence for a transfer to be legal. He can ship it to a dealer using FedEx or UPS as the USPS does not allow private individuals to ship HG's. Side note: Only complete long guns can be transferred to out of state residents and only from a licensed dealer. Handguns, receivers, pistol gripped shotguns, etc can not be transferred at all to out of state residents. Private transfers of any firearm to an out of state resident is illegal.
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  • CheechakoCheechako Member Posts: 563 ✭✭✭✭
    edited November -1
    The question is, are handguns registered in either State? If so, any transfer would have to go through an FFL. If not, simply take it home with you.

    It's not rocket science
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  • tsr1965tsr1965 Member Posts: 8,682 ✭✭
    edited November -1
    quote:Originally posted by AMR Arms
    Your brother will have to ship it to a licensed firearms dealer in the state of your residence for a transfer to be legal. He can ship it to a dealer using FedEx or UPS as the USPS does not allow private individuals to ship HG's. Side note: Only complete long guns can be transferred to out of state residents and only from a licensed dealer. Handguns, receivers, pistol gripped shotguns, etc can not be transferred at all to out of state residents. Private transfers of any firearm to an out of state resident is illegal.


    Not sure what state you live in, but that stuff in red is incorrect, even in communistic states like NY, we can have handguns, recievers, and certain things with pistol grips transferred to us thru our local FFL's.
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  • AMR ArmsAMR Arms Member Posts: 22 ✭✭
    edited November -1
    quote:Originally posted by tsr1965
    quote:Originally posted by AMR Arms
    Your brother will have to ship it to a licensed firearms dealer in the state of your residence for a transfer to be legal. He can ship it to a dealer using FedEx or UPS as the USPS does not allow private individuals to ship HG's. Side note: Only complete long guns can be transferred to out of state residents and only from a licensed dealer. Handguns, receivers, pistol gripped shotguns, etc can not be transferred at all to out of state residents. Private transfers of any firearm to an out of state resident is illegal.


    Not sure what state you live in, but that stuff in red is incorrect, even in communistic states like NY, we can have handguns, recievers, and certain things with pistol grips transferred to us thru our local FFL's.


    The area in which you hi-lighted is in reference to non-residents of a state. For example person 1 is a resident of TX, they can not go to LA and purchase a stripped AR lower and drive home with it. They can buy it and it will have to be shipped to a dealer in TX where it will be transferred. This is federal law and has been since LBJ signed it.
    https://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons
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  • CheechakoCheechako Member Posts: 563 ✭✭✭✭
    edited November -1
    You guys are making this much more complicated than it needs to be. The OP is asking about one brother giving another brother a handgun. If the handgun is registered in FL and/or has to be registered in SC, then it has to go through an FFL. If not registered in either State then simply give it to him.

    I know some guys like to use the Forums to flaunt their knowledge and expertise in all matters (I do it myself), but there comes a time to be practical and give some practical advice. This is one of those times.

    JMHO
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