Want to Give Handgun to My Son in Florida

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  • chraland51

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    Sometime in the near future, I will be driving to Florida through all of the states that honor my license to carry. I would like to give a handgun or two to my son who lives near West Palm Beach. Once I transport them there in my vehicle, can I simply give them to him with a letter saying that I gave them to him, sold them to him for $5 or do I need to transfer them through an FFL holder? This should be as easy as a private sale of a handgun, but I just want to make sure that it will be safe and legal for my son to take those guns out to the range or carry in his vehicle. I could just leave them with him and have him say that I forgot them on my last visit and that he was just keeping them working if he took them out to shoot if the transfer process become to complicated.:patriot:
     

    Scutter01

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    You need to transfer it through an FFL in Florida. Face-to-face sales of handguns to residents of different states are not legal, even if it's your son.
     

    Mr. Habib

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    To be legal the guns would have to go through a FFL, even if no money changed hands. Well, except to the dealer of course. Of course, since neither Indiana or Florida have any sort of registration, I don't see how it would ever become an issue "if you just left them there". I'm not suggesting that you do that because it would still be illegal. Find a dealer in Florida and do it right.
     

    esrice

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    He can't just "gift" it to his son?

    He can, in the sense that his son isn't paying anything for it. But to be legally transferred from an Indiana resident to a Florida resident I believe it has to go through an FFL.
     

    chraland51

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    I thought that going through an FFL was probably the correct way to let my son have a couple of my handguns. I think, however, that I will let him pay for the expense of getting them transferred from me to him. Old Dad is not going to make it too easy on him to start getting some of my stuff.

    Now, will someone point me to the right site location to find the address to renew my site supporter check. You just earned it once again for your quick help. Thank you.
     

    Bill of Rights

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    The only lawful way to transfer the gun to him other than via a FFL is for you to will it to him. Now, I'd think that if you went down to visit and wanted to leave a gun there for you to use next time you come down, so as not to have to transport it each time, that would probably be OK. If you will it to him, it's there when that time comes and no mailing is necessary. You might want to leave a letter (as you suggested) with it with an actual signature on it giving him permission to store it for you and to use it while doing so, that way you retain ownership, he only has possession of it while you are alive.

    Just my :twocents:, and standard disclaimers apply: IANAL, IDPOOTV, IDSIAHIELN, and TINLA.

    Blessings,
    Bill
     

    ryknoll3

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    Is it the same with long guns?

    Yes, it is. The only difference with long guns is that Federal law allows you to purchase them from an FFL in any state (though state laws may vary) but handguns can only be purchased in your state of residence.

    As far as leaving handguns down there for storage/ his use, I would be really leary of this. If something happened, I would hate to have to try to defend it as NOT an unlawful interstate transfer. For $25 a gun, just go through an FFL.
     

    Jack Burton

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    The answer depends upon two things.... when did he move out from Indiana and when did you take ownership of the guns for yourself. If you bought a handgun in January 2003, and he moved from here to there in 2004, then you simply gave him the gun in August 2003. Write out a note of transfer so dated for August 2003 and there are no worries or hassles.

    I did that for my daughter who moved several years after I bought a gun that I later gave her. Dated the transfer note to accommodate the best days for us and provided it with the handgun.
     

    jdhaines

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    As I recall, your son lived here for a week, then you gave it to him. ;)

    I seemed to remember you losing those to particular handguns in a boating accident and your son purchasing two very similar handguns in a private sale with no bills of sale provided or required. Hmm...perhaps I was wrong.
     

    Bert

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    why does anybody have to know when you gave them to him ? who is going to ask , who is going to even care ? you gave them to him at birth , why worry about it .
     

    Hemingway

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    why does anybody have to know when you gave them to him ? who is going to ask , who is going to even care ? you gave them to him at birth , why worry about it .


    I've long had this same question. What would happen in the following scenario:

    Son in FL uses the weapon to lawfully defend himself in his home but he ends up killing the bad guy. Let's say that the locals take possession of the gun while they make sure that it was a good shoot.

    I'm sure as a routine they will run the serial # through NCIC just to make sure the gun isn't stolen. But, will they work with the ATF to find the original sale form (what is it--8803 or whatever?)? That would show it purchased in Dick's in Castleton for example. Then, could the gov say that there was an interstate transfer done illegally? Especially if the original purchase of the gun was long after the son moved to FL?

    Obviously, the son could counter with the fact that he used to live in IN, or it's his Dad's and he left it in FL cause he comes to visit alot, etc, etc, etc, etc. Maybe he wins, maybe he doesn't, who knows.

    My point is, could that scenario take place as I described where the son/dad are trying to answer to those allegations? Anyone know of any court cases involving this scenario?
     

    Scutter01

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    An FFL transfer is like $25. Is it really worth inventing scenarios to lend/sell/give "under the table" and going to all this trouble just to save $25? Just transfer it legally and there won't be any question whatsoever. It takes like 10 minutes to fill out the form and call it in.
     

    Hemingway

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    An FFL transfer is like $25. Is it really worth inventing scenarios to lend/sell/give "under the table" and going to all this trouble just to save $25? Just transfer it legally and there won't be any question whatsoever. It takes like 10 minutes to fill out the form and call it in.

    Yes, that's my point. If the scenario I proposed COULD theoretically happen and $25 is the insurance it takes to prevent it, it seems crazy not to do it.
     

    Timjoebillybob

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    Yes, it is. The only difference with long guns is that Federal law allows you to purchase them from an FFL in any state (though state laws may vary) but handguns can only be purchased in your state of residence.

    Close, you can purchase long guns and hand guns in any state depending on state laws. You can only take possession of handguns in your state though, through an FFL. For instance I could go to a FFL in IL and buy a handgun, I bought it there. I could not take possession of it there though, they would have to ship it to an FFL in IN for me to take possession. A technicality but...
     

    USMC_0311

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    An FFL transfer is like $25. Is it really worth inventing scenarios to lend/sell/give "under the table" and going to all this trouble just to save $25? Just transfer it legally and there won't be any question whatsoever. It takes like 10 minutes to fill out the form and call it in.


    Then you got that paperwork trail thingy. :D
     
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