Handgun Advice Needed

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Andy S.

Andy S.

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Atoka, TN
(ALSO POSTED IN GEN FORUM)

My brother in law who lives in New Orleans wants to GIVE his sister (my wife) a Glock 17 pistol for her to have and possibly use in self defense IF the need were ever to present itself. Her and I live in TN. I have three questions and will gladly listen to any and all other advice you may have for me.

1) Can my BIL legally give my wife (his sister) a handgun across state lines without any paper trail etc?

2) If so, what do we (my wife and I) need to do to validate our ownership so everything will be on the up and up in TN, legal, etc?

3) How do we ensure my BIL is off the hook if anything were to ever happen and my wife used the pistol in self defense? I do not want him to be held liable for our actions if something were to ever transpire.

Thanks in advance for everyone's feedback.
 
1. Yes it is legal to gift a firearm. Unless you are traveling to Lousiana by way of Illinois (kidding), it is legal to transport a firearms across state lines. Unless you/her have a valid Tennessee handgun carry permit, you must transport the firearm unloaded, in a case, and in the trunk or inaccesible area.

2/3. Best to prepare a signed (by both parties) memorandum of record with the serial number and make/model stating that the firearm in question was obtained legally, is being given as a gift, and that the receiver is otherwise legally not prohibited from owning it. Keep a copy and give your brother in law a copy.
 
big jim said:
1. Yes it is legal to gift a firearm. Unless you are traveling to Lousiana by way of Illinois (kidding), it is legal to transport a firearms across state lines. Unless you/her have a valid Tennessee handgun carry permit, you must transport the firearm unloaded, in a case, and in the trunk or inaccesible area.

2/3. Best to prepare a signed (by both parties) memorandum of record with the serial number and make/model stating that the firearm in question was obtained legally, is being given as a gift, and that the receiver is otherwise legally not prohibited from owning it. Keep a copy and give your brother in law a copy.
Click to expand...


The answer to question #1 is incorrect, it is ILLEGAL to transport a Pistol across state lines no matter what the terms, unless both parties are authorized to do so. Such as FFL dealer, importer or licensed collector.

FDXX75

Check the ATF regs.
 
Are you shipping it from LA to TN or are you getting it from him in person? I have to wonder how anybody manages to shoot in tournaments out of state if it is illegal to transport a pistol across state lines.
 
Kimberman said:
Are you shipping it from LA to TN or are you getting it from him in person? I have to wonder how anybody manages to shoot in tournaments out of state if it is illegal to transport a pistol across state lines.
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x2

I would just be safe and have him bring it up to you in person(if he is coming up here) y'all go to a gun store an do a transfer, tht is a safe and reasonable option.
 
She will be receiving the gun in person the next time he comes here or we travel there.
 
FULLDRAWXX75 said:
The answer to question #1 is incorrect, it is ILLEGAL to transport a Pistol across state lines no matter what the terms, unless both parties are authorized to do so. Such as FFL dealer, importer or licensed collector.

FDXX75

Check the ATF regs.
Click to expand...
Can you specify more clearly what reg I need to look into? Name, number, etc?? I am a newbie to pistols and all of the legal ramifications that may come with them. Just trying to stay legal here while knowing very little about pistols etc. Thanks for all feedback thus far.
 
I think what he meant is it is illegal to ship a pistol across state lines without going through an ffl. It is not illegal to transport a pistol across state lines yourself.
 
Andy S. said:
She will be receiving the gun in person the next time he comes here or we travel there.
Click to expand...

Then just go to a gun store and y'all split the transfer fee I think it is normally like 25 bucks or something
 
Yes a person can gift a firearm to a person from another state. The receiving person must fill out form 4473 at an FFL and the FFL must retain this record i.e. transfer the firearm exactly as though it had been sold. This applies to both long and short guns. Here are the laws in plain language directly from the ATF. Please do not rely on what ANYONE on an internet board tells you. Even if that person is a LEO. Many LEO's simply do not know all the laws that they "enforce"

http://www.atf.gov/firearms/faq/unlicen ... rd-keeping
 
Thanks for the explanation and the link Meat Hunter. Thanks to everyone else for contributing to this discussion as well. I am a greenhorn when it comes to pistols and the gun laws, I need all the help I can get. :)
 

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