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#833620 - 12/27/14 12:53 PM Receiving a Handgun as a gift...out of state
setch Offline
Bolt action

Registered: 12/17/11
Posts: 104
Loc: VA
City or County: Fairfax
I hope I am posting this in an appropriate forum....if not, I can move elsewhere.
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I have been researching this all morning on the BATFE site and VA State Police site, but cannot quite get the answer to the precise issue. Here's the scenario...

I am a resident of VA. My father (who is a PA resident), gave me a handgun as a christmas gift. There is no purchase, simply a gift between blood relatives.

In order for me to possess it in VA, does it have to be sent to a VA FFL, from whom I take possession....or can I take direct possession of it and transport it myself to VA? What about if my father visited me, brought it along and transferred it to me in the state of VA?


...I think I know the answer, just looking for an authoritative answer.

thnx

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#833667 - 12/27/14 02:54 PM Re: Receiving a Handgun as a gift...out of state [Re: setch]
rromeo Offline
Bullseye

Registered: 07/06/10
Posts: 1665
Loc: VA
City or County: Pulaski
Almost all interstate firearms transfers must use an FFL, and handgun transactions must use an FFL in the receiving party's home state. This situation is one of them. It doesn't matter if you're in PA or he comes to VA, you can only pick it up from an FFL in Virginia.
If it was a rifle or shotgun, then you could go down to an FFL in Pennsylvania.
If your dad is visiting soon, then he can save shipping fees and hand deliver it to your local FFL.
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#834383 - 12/29/14 02:38 AM Re: Receiving a Handgun as a gift...out of state [Re: setch]
Lorelei Offline
I Do Wheelies

Registered: 11/29/14
Posts: 47
Loc: VA
City or County: Central
Does that apply if it's a gift from immediate family?
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#834429 - 12/29/14 09:15 AM Re: Receiving a Handgun as a gift...out of state [Re: setch]
Agent19 Offline
2A 4 All

Registered: 01/12/09
Posts: 3669
Loc: VA
City or County: 22973
Interstate transfers of any firearms between (non FFL) residents of different states is unlawful.

Handguns must go through a FFL in the recipient's state of residence.

https://www.atf.gov/content/firearms-fre...censed-transfer

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#835183 - 12/30/14 08:18 PM Re: Receiving a Handgun as a gift...out of state [Re: Lorelei]
Lexington Offline
Pea shooter

Registered: 09/07/12
Posts: 9
Loc: Virginia
City or County: Spotsylvania
Originally Posted By: Lorelei
Does that apply if it's a gift from immediate family?


Yes, it even applies if it is a gift. Just because "there is no purchase," as you say, the lack of money trading hands is not the defining issue. The state line is your barrier. The FFL stands at the state line (figuratively) and you must use his services to transfer firearms between residents of different states. The Commerce Clause gives Congress the power to regulate interstate commerce. The FFL has been granted that privilege by the government.

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#835282 - 12/30/14 11:49 PM Re: Receiving a Handgun as a gift...out of state [Re: setch]
Lorelei Offline
I Do Wheelies

Registered: 11/29/14
Posts: 47
Loc: VA
City or County: Central
Good to know. I left a gun with my brother when we lived in the same state, now it'll be a hassle to get it back. Maybe I'll just call it a late Christmas present and make him happy. smile
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#837855 - 01/05/15 02:07 PM Re: Receiving a Handgun as a gift...out of state [Re: setch]
scythefwd Offline
Pea Shooter

Registered: 02/19/11
Posts: 2430
Loc: KS
City or County: Lenexa
Thats different lore. You left it in his posession, you didnt transfer ownership.

Its still your gun, you can claim that. If it was given to him, like as a gift, you have to transfer..

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#838032 - 01/05/15 07:22 PM Re: Receiving a Handgun as a gift...out of state [Re: scythefwd]
Lorelei Offline
I Do Wheelies

Registered: 11/29/14
Posts: 47
Loc: VA
City or County: Central
Originally Posted By: scythefwd
Thats different lore. You left it in his posession, you didnt transfer ownership.

Its still your gun, you can claim that. If it was given to him, like as a gift, you have to transfer..


Ah, good. Thanks for the clarification.

Sorry, Brother! wink
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