need some guidance

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  • Mglii

    Plinker
    Rating - 0%
    0   0   0
    Sep 4, 2012
    28
    1
    I am Interested in gifting my .40 Beretta handgun to my oldest son he recently turned 21 in November and would like to do this while he is home for Christmas, and I was looking for some information on the legal statue for gifting firearms.

    My son Is active duty Marine Corps stationed in Cali. He has Retained Indiana as his state of residence for his driver's license, car registration, and Income taxes.

    He will not be taking this firearm with him back to California but leaving it in my safe for the next 14 months until he returns home at the end of his obligation.

    any advice or direction to finding this statues would be greatly appreciated.
     

    LarryC

    Master
    Rating - 100%
    1   0   0
    Jun 18, 2012
    2,418
    63
    Frankfort
    I am Interested in gifting my .40 Beretta handgun to my oldest son he recently turned 21 in November and would like to do this while he is home for Christmas, and I was looking for some information on the legal statue for gifting firearms.

    My son Is active duty Marine Corps stationed in Cali. He has Retained Indiana as his state of residence for his driver's license, car registration, and Income taxes.

    He will not be taking this firearm with him back to California but leaving it in my safe for the next 14 months until he returns home at the end of his obligation.

    any advice or direction to finding this statues would be greatly appreciated.
    You are 100% legal when you gift the firearm to your son, he is a legal resident of Indiana - (I hold an FFL 03 collectors license and have "gifted" 5 guns to my sons and DIL in the last year.) As long as he is 18 years old, (Indiana law requires a handgun recipient to be 18 or older in a personal transfer - FFL dealers cannot sell or transfer a handgun to anyone under 21.
     

    chezuki

    Human
    Rating - 100%
    48   0   0
    Mar 18, 2009
    34,158
    113
    Behind Bars
    Yep, what they said, assuming he is not legally prohibited from owning firearms for any reason. (Which still wouldn't really apply until he physically took possession of it.)
     

    BehindBlueI's

    Grandmaster
    Rating - 100%
    29   0   0
    Oct 3, 2012
    25,936
    113
    As said, you don't have to do anything at all other than give it to him. If you want some sources:


    ATF Online - Firearms - Frequently Asked Questions - Unlicensed Persons

    Q: To whom may an unlicensed person transfer firearms under the GCA?
    A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

    [18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

    Q: From whom may an unlicensed person acquire a firearm under the GCA?
    A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

    [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
     

    Blackout

    Plinker
    Rating - 0%
    0   0   0
    Apr 12, 2012
    58
    6
    You are 100% legal when you gift the firearm to your son, he is a legal resident of Indiana - (I hold an FFL 03 collectors license and have "gifted" 5 guns to my sons and DIL in the last year.) As long as he is 18 years old, (Indiana law requires a handgun recipient to be 18 or older in a personal transfer - FFL dealers cannot sell or transfer a handgun to anyone under 21.


    I think that sums it up right there.
     

    downrise14

    Plinker
    Rating - 75%
    3   1   0
    Dec 11, 2012
    62
    6
    NWI
    I know you don't have to, but when my old man gifted me a pistol a couple years ago he wrote a receipt and we both signed it. He just wanted me to have some sort of proof that it was a gift.
     
    Last edited:

    balzack2

    Sharpshooter
    Rating - 0%
    0   0   0
    Sep 28, 2012
    614
    16
    South of Ft Wayne
    Sounds like an awesome gift for a very deserving son and soldier, please give him my thanks for his service and when he gets home for good get him signed up and join the rest of us.
     
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