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#833620 - 12/27/14 12:53 PM
Receiving a Handgun as a gift...out of state
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setch
Bolt action
Registered: 12/17/11
Posts: 104
Loc: VA
City or County: Fairfax
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I hope I am posting this in an appropriate forum....if not, I can move elsewhere. _______________________
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]
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rromeo
Bullseye
Registered: 07/06/10
Posts: 1665
Loc: VA
City or County: Pulaski
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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.
_________________________
Never initiate force against another. But should someone do violence to you, retaliate without hesitation, without reservation, without quarter, until you are sure that he will never wish to harm - or never be capable of harming - you or yours again.
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#834383 - 12/29/14 02:38 AM
Re: Receiving a Handgun as a gift...out of state
[Re: setch]
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Lorelei
I Do Wheelies
Registered: 11/29/14
Posts: 47
Loc: VA
City or County: Central
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Does that apply if it's a gift from immediate family?
_________________________
C&R FFL Holder Good Guy (girl) Card Holder.
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#834429 - 12/29/14 09:15 AM
Re: Receiving a Handgun as a gift...out of state
[Re: setch]
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Agent19
2A 4 All
Registered: 01/12/09
Posts: 3669
Loc: VA
City or County: 22973
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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
_________________________
I’ll gladly take questionable mean tweets, a strong economy, energy independence and a Respected Country, over high inflation, millions of illegals aliens, mask/ vaccine mandates and pedophile in chief.
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#835183 - 12/30/14 08:18 PM
Re: Receiving a Handgun as a gift...out of state
[Re: Lorelei]
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Lexington
Pea shooter
Registered: 09/07/12
Posts: 9
Loc: Virginia
City or County: Spotsylvania
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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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#838032 - 01/05/15 07:22 PM
Re: Receiving a Handgun as a gift...out of state
[Re: scythefwd]
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Lorelei
I Do Wheelies
Registered: 11/29/14
Posts: 47
Loc: VA
City or County: Central
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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!
_________________________
C&R FFL Holder Good Guy (girl) Card Holder.
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