... that a guy had a friend, who lived in GA, and that friend gave him a gun. Let's suppose that the guy lived in say... Utah. Let's suppose for a moment that no dealers are involved, and both guys are thinking that since UT has no transfer paperwork involved, and all the states UT guy has to travel through allow transport of guns, that there will be no problems w/GA guy handing UT a gun in NC, and UT goes home with a sweet gift.

Pardon the run-on sentences, but what say you all?

... that a guy had a friend, who lived in GA, and that friend gave him a gun. Let's suppose that the guy lived in say... Utah. Let's suppose for a moment that no dealers are involved, and both guys are thinking that since UT has no transfer paperwork involved, and all the states UT guy has to travel through allow transport of guns, that there will be no problems w/GA guy handing UT a gun in NC, and UT goes home with a sweet gift.

Pardon the run-on sentences, but what say you all?

I have nothing to add other than to change some of the conditions, and ask the same question...

Change the giver's state to California, the recipient's to... umm... Colorado... and make the giver and the recipient related. Assume that all relevant transportation laws are followed. Legal/conditionally legal/only if it's long gun(s)/???

Sounds ligit to me. If you "buy" in-state there's no transfer paperwork req'd. So then just take it home.

I have nothing to add other than to change some of the conditions, and ask the same question...

Change the giver's state to California, the recipient's to... umm... Colorado... and make the giver and the recipient related. Assume that all relevant transportation laws are followed. Legal/conditionally legal/only if it's long gun(s)/???




Scott, I believe you are screwed unless that weapon is on Komifornias "Approve list" or whatever they have now. Even if he's related

Scott the thing is a CA buyer purchasing in CA or another state still needs to transfer the firearm. So if the seller's state doesnt need anything the seller is OK but the CA buyer is still breaking the law.

Scott the thing is a CA buyer purchasing in CA or another state still needs to transfer the firearm. So if the seller's state doesnt need anything the seller is OK but the CA buyer is still breaking the law.

Isnt the gun leaving CA and going to CO? shouldnt be a problem

From the fed level, as long as the receiver is lagally allowed to own a firearm, then you are allowed to give a gift.
If the recipiants state allows for the transfer/private sale then it should be legal.
for example, giver goes to receivers state to go hunting. Sells firearm to someone he hunted with. That is legal.

As I understand things, the recipiant can't live in CA or HI. Both these states require "controlled" transfers and cooling off periods, even for private sales.
No reason residents of those states can't give away a firearm.

Pete

Isnt the gun leaving CA and going to CO? shouldnt be a problem

Thats the way I read the original post too. CO---> CA is one problem CA--->CO is easy.

D.

As I understand things, the recipiant can't live in CA or HI. Both these states require "controlled" transfers and cooling off periods, even for private sales.
No reason residents of those states can't give away a firearm.

That's what I thought, thanks!

Yes, hypothetically leaving from a Cali resident, going to a Colorado resident. Both individuals are legal to own firearms; one (the current owner) is not terribly interested in owning them. Said Colorado resident is in Cali periodically anyway, so physical transportation is not a problem, but complying with Cali's convoluted firearms laws, can be a challenge, and seems to involve dance steps that I don't know. :eek:

Any input on Tacoma73's version that I hijacked? I'm pretty sure it's not legal as a sale, but I'm not so sure on a gift.

GA doesn't require paperwork.

... that a guy had a friend, who lived in GA, and that friend gave him a gun. Let's suppose that the guy lived in say... Utah. Let's suppose for a moment that no dealers are involved, and both guys are thinking that since UT has no transfer paperwork involved, and all the states UT guy has to travel through allow transport of guns, that there will be no problems w/GA guy handing UT a gun in NC, and UT goes home with a sweet gift.

Pardon the run-on sentences, but what say you all?

If it is a handgun, you must transfer it from a GA FFL to a UT FFL, and take possession of it in UT after completing a 4473 and passing a background check, just as if you were purchasing the weapon.

If it is a long gun, and it is legal for the GA guy to sell and for you to buy, you can transfer it without a 4473 and carry it home. You are subject to the firearms transportation laws of each state you travel through, unless you transport your weapon according to the federal guidelines set in "United States Code, Title 18, Part I, Chapter 44, Section 926A. Interstate transportation of firearms".

Basically,...
1. It must be legal at the state and local level for you to possess and transport the firearm at the locality in the state where your journey originated.
2. It must be legal at the state and local level for you to possess and transport the firearm at the locality in the state where your journey is going to end.
3. You must be on an uninterrupted journey through any intervening anti-gun state and not be making any stop there that would make it a destination.
4. The firearm must be unloaded
5. The firearm & ammunition must be in a trunk OR if the vehicle has no trunk, in a LOCKED container other than the glove box or console.