Firearms transfer

[Glock]

I have a few questions about receiving a long gun and a handgun from someone. My friend Jon's grandfather in-law has passed away and owned a long gun and a hand gun. He liked Jon and would have liked for him to have the firearms. They weren't mentioned in his will and his grandmother would also like for Jon to have the firearms. How would they go about getting the firearms to Jon in a 100% legal way? - I have another family member that is skeptical and says that it's illegal if you don't go to the police to transfer ownership. I know this isn't true and I believe that grandma can just give them to him. Can someone point me in the right direction of something from the state and federal government that shows the proper way to do this? I know the law isn't supposed to tell you what you can do just what you can't do. I would really appreciate any help from my fellow gun owners. Thanks in advance!

 

[rockhopper46038]

If everyone is in Indiana (an assumption, I know) then I can tell you with 100% certainty that unless your friend is a convicted felon, or is subject to some kind of domestic order or other preclusion under Indiana law; it is perfectly legal for his grandmother to simply "gift" him the firearms and be done with it. No police intervention WHATSOEVER is required (assuming again that none of the firearms are subject to NFA regulations). A simple handgun and rifle can just be handed to him. If it would make either the grandmother or your friend feel better, she might write a "bill of sale" stating that she has transferred ownership of the firearms to him. As you mentioned, we can't post for you the law allowing this. If someone is really convinced that it "isn't legal", then I would tell them to find the law in the IC that precludes it. And it ain't there.

 

[Bunnykid68]

If both live in Indiana all they have to do is hand them to Jon

 

[hookedonjeep]

If both parties are Indiana residents (Grandma and Jon), then you are good to go with just handing them over, providing of course that Jon is not a convicted felon. There is no "registration" in the state of Indiana, therefore there is no need to change any papers that would prove ownership. God Bless Indiana!

 

[Glock]

Yes everyone is an Indiana resident and there aren't any felonies or anything to prevent firearms ownership.

 

[Fishersjohn48]

Yes everyone is an Indiana resident and there aren't any felonies or anything to prevent firearms ownership.

All she has to do is hand them over. Easy peasy.

 

[jwh20]

But if there is some concern on the part of a MOMS AGAINST ALL GUNS member or some other anti-Constitutional group associated with Mr. Bloomberg, you could go to an FFL, pay them their usual fee, fill out the BATF form, get the federal background check run, and go your way with the gun. The FFL will thank you for your business with a smile.

But going to the police will do no good since they don't perform this service.

 

[Cameramonkey]

And if they are close to Indy and want to feel better, they can do an "official" transfer down at us defense solutions. A whopping $15 per gun to do the paperwork.

Once gain, TOTALLY unnecessary (half of my collection was just handed to me legally by my mom when dad passed away, also not in the the will) but some people wont feel comfortable going off of what a bunch of crazies said in the interwebz.

$15 is a small price to pay for peace of mind. (Most FFLs charge double that btw)

 

[Manatee]

If there is any question that other members of the family (in-laws or out-laws) might dispute the transfer in the future, have Granny write a little note bequething the firearms to you.

….not that relatives can get pissy….but…..

 

[Kirk Freeman]

Is the estate closed?

 

[Slawburger]

IC 35-47-2-7

Here is the law regarding transfers (sales, gifts):

2006, SEC.4; P.L.47-2010, SEC.2.
IC 35-47-2-7 Version a Prohibited sales or transfers of ownership Note: This version of section effective until 7-1-2014. See also following version of this section, effective 7-1-2014.
Sec. 7. (a) Except an individual acting within a parent-minor child or guardian-minor protected person relationship or any other individual who is also acting in compliance with IC 35-47-10, a person may not sell, give, or in any other manner transfer the ownership or possession of a handgun or assault weapon (as defined in IC 35-50-2-11) to any person under eighteen (18) years of age.
(b) It is unlawful for a person to sell, give, or in any manner transfer the ownership or possession of a handgun to another person who the person has reasonable cause to believe:
(1) has been:
(A) convicted of a felony; or
(B) adjudicated a delinquent child for an act that would be a felony if committed by an adult, if the person seeking to obtain ownership or possession of the handgun is less than twenty-three (23) years of age;
(2) is a drug abuser;
(3) is an alcohol abuser; or
(4) is mentally incompetent.
As added by P.L.311-1983, SEC.32. Amended by P.L.33-1989, SEC.126; P.L.140-1994, SEC.8; P.L.269-1995, SEC.7.

The NRA-ILA page for Indiana answers a lot of common questions:
NRA-ILA | Indiana

Here are some FAQ from the state's website (in.gov):
http://www.in.gov/isp/files/firearms_FAQ_02_08.pdf

 

[HDSilvrStreak]

It might help to tell them that there is no such thing as registered ownership in Indiana. The guns are not "registered" to his grandfather, as there is no such thing. So there is no "transfer of registration" required. They can simply call the police and ask how to go about "registering" a gun, and they will be told.

 

[MemphisR32]

How does it work if the gifting is out of state for a long gun? I'm assuming it's the same as a hand gun and has to go through a FFL.

 

[Rocko]

So, if I was to sell a gun to someone from Ingo.com, and they were to commit a crime with it.. the police would not come to my door and ask about the firearm? I have sold a handgun to a close friend before but not to a stranger. I just wrote up a bill of sales and we were fine with that.

 

[Cameramonkey]

So, if I was to sell a gun to someone from Ingo.com, and they were to commit a crime with it.. the police would not come to my door and ask about the firearm? I have sold a handgun to a close friend before but not to a stranger. I just wrote up a bill of sales and we were fine with that.

yep, if you bought it new, they would indeed. All you need to say is "I sold it to someone on INGO." IANAL but I dont think you are required by law to provide a bill of sale. Now, without that, it might require instead that you provide proof of your whereabouts on a certain date and time...

 

[ryknoll3]

How does it work if the gifting is out of state for a long gun? I'm assuming it's the same as a hand gun and has to go through a FFL.

Yes, if the "gifting" is out of state, it needs to go to an FFL. If the giver and receiver's states allow, it can be an FFL either in the giver's state, or the receiver's state.

If there is something in a will or official document, the firearm can go STRAIGHT to the inheritor, no FFL required.