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Old 01-03-2010, 21:49   #1
CTM_357
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Question about getting a Glock as a gift.

What is the rule about somebody from another state giving a Glock to somebody else in another state? My brothers father in law gave him a first gen 17 tonight(which is a shame because john doesnt know a first gen glock from a high point,lol) but the father in law bought and registerd the gun in Florida and we live in Tennessee. John says he is gonna carry this gun as he is a HCP holder. What is the law about having or carrying a gun that is registered in another state if it was a gift? Thanks
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Old 01-03-2010, 21:55   #2
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Gun registration in FL? This is the first Ive heard of it. Gifting to family is ok I believe.
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Old 01-03-2010, 21:56   #3
SIG-SOG
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Originally Posted by CTM_357 View Post
What is the rule about somebody from another state giving a Glock to somebody else in another state? My brothers father in law gave him a first gen 17 tonight(which is a shame because john doesnt know a first gen glock from a high point,lol) but the father in law bought and registerd the gun in Florida and we live in Tennessee. John says he is gonna carry this gun as he is a HCP holder. What is the law about having or carrying a gun that is registered in another state if it was a gift? Thanks
Dunno. However, you might post this on texasguntalk.com forum. There are a few people that seem to be quite familiar with the laws (maybe only the laws in Tx but they might have an opinion).
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Old 01-03-2010, 21:58   #4
CTM_357
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ok, maybe registered is the wrong word as im not sure what they do down there but it was bought at a gun shop.
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Old 01-04-2010, 08:29   #5
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Originally Posted by CTM_357 View Post
What is the rule about somebody from another state giving a Glock to somebody else in another state?
Federal laws [18 USC 922(a)(3)&(5)] require that the transfer be done through a FFL dealer in the reciever's state of residence.

There is no gift exemption to the Federal laws.
Only exemption is if it is an inheritance/bequest and the person that is giving the firearm is dead [18 USC 922(a)(5)(A)].

If the transfer occurs without the use of a FFL dealer in the reciever's state of residence, then both the giver [18 USC 922(a)(5)] and reciever [18 USC 922(a)(3)] both committed Federal felonies.


18 USC 922
(a) It shall be unlawful—
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
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Old 01-04-2010, 18:37   #6
CTM_357
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thanks for the info guys. it is now in his name
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Old 01-05-2010, 10:22   #7
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Quiet has it exactly right. The transfer of a handgun between residents of two different states must go through a FFL. There is no exception for family members or given as a gift.

No such thing as "registration" in TN on firearms.
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