Gifting a handgun?

[Jerry Lundegard]

My sister has caught the shooting bug  (finally!!!).   I would like to give her one of my handguns.  Legally, what needs to be done?  Do I need to have an FFL holder do a transfer to her, or is this not required since she is family?  She is a bit of a paranoid and wants this done 100 percent by the book.  Thanks

[newfalguy101]

It will depend on where YOU live and where SHE lives

If you are BOTH Nebraska residents, she will ( by law) need to get a Nebraska Purchase Permit OR Nebraska Concealed Handgun permit

Once she has her permit, swing by her place and say "Hey, I have something for you..... SUPRISE!!!! " enjoy a good chuckle and supper ( C'mon, surly she's gonna make you supper for buying her a handgun ) and head home happy for having done a good thing.

If on the other hand, one of you is NOT a Nebraska resident, then the gun will need to go to an FFL in the state where the she lives.  Then she will need to go to the receiving FFL, fill out the appropriate paperwork, hand over the transfer fee, and head home.

Now, if she happens to live in California, then the handgun will HAVE to be on the approved list of handguns.

I think that pretty much covers it

[Jerry Lundegard]

Ok thanks. We both are Nebraska residents. I should have specified that.  So as long as she has the purchase permit, no FFL paperwork is needed? 

[jFader]

If I recall correctly....no ffl paperwork is required between 2 Nebraska citizens even if not family. I think all you need is to verify that they have the purchase permit or chp. A bill of sale is "recomended" but not required.

[AWick]

If she is over 18 and not otherwise restricting from owning a handgun, then our good. If she asks you to buy a gun because she can't pass a background check, well that's bad.

 Someone correct me if I'm wrong but 69-2403 Section 2(e) is the defining exemption in the law.

69-2403. Sale, lease, rental, and transfer; certificate required; exceptions.
(1) Except as provided in this section and section 69-2409, a person shall not purchase, lease, rent, or receive transfer of a handgun until he or she has obtained a certificate in accordance with section 69-2404. Except as provided in this section and section 69-2409, a person shall not sell, lease, rent, or transfer a handgun to a person who has not obtained a certificate.

(2) The certificate shall not be required if:

(a) The person acquiring the handgun is a licensed firearms dealer under federal law;

(b) The handgun is an antique handgun;

(c) The person acquiring the handgun is authorized to do so on behalf of a law enforcement agency;

(d) The transfer is a temporary transfer of a handgun and the transferee remains (i) in the line of sight of the transferor or (ii) within the premises of an established shooting facility;

(e) The transfer is between a person and his or her spouse, sibling, parent, child, aunt, uncle, niece, nephew, or grandparent;

(f) The person acquiring the handgun is a holder of a valid permit under the Concealed Handgun Permit Act; or

(g) The person acquiring the handgun is a peace officer as defined in section 69-2429.

http://www.nssfblog.com/giving-a-firearm-as-a-gift-some-reminders-from-nssf/

EDIT: I put the law into quotes... Thanks Dan.
Edit 2: I cut out the first mumbo jumbo because it was speculative before I refreshed myself on the actual text of the law.

[Dan W]

If you are BOTH Nebraska residents, she will ( by law) need to get a Nebraska Purchase Permit OR Nebraska Concealed Handgun permit

I am pretty sure that is not the case for gifts to relatives (in the same state) as long as the person receiving the handgun is not a prohibited person

Nebraska Revised Statute 69-2403
Revised Statutes » Chapter 69 » 69-2403
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69-2403. Sale, lease, rental, and transfer; certificate required; exceptions.

(1) Except as provided in this section and section 69-2409, a person shall not purchase, lease, rent, or receive transfer of a handgun until he or she has obtained a certificate in accordance with section 69-2404. Except as provided in this section and section 69-2409, a person shall not sell, lease, rent, or transfer a handgun to a person who has not obtained a certificate.

(2) The certificate shall not be required if:

(a) The person acquiring the handgun is a licensed firearms dealer under federal law;

(b) The handgun is an antique handgun;

(c) The person acquiring the handgun is authorized to do so on behalf of a law enforcement agency;

(d) The transfer is a temporary transfer of a handgun and the transferee remains (i) in the line of sight of the transferor or (ii) within the premises of an established shooting facility;

(e) The transfer is between a person and his or her spouse, sibling, parent, child, aunt, uncle, niece, nephew, or grandparent;

(f) The person acquiring the handgun is a holder of a valid permit under the Concealed Handgun Permit Act; or

(g) The person acquiring the handgun is a peace officer as defined in section 69-2429.
Source

    Laws 1991, LB 355, § 2;
    Laws 2010, LB817, § 4.

[HuskerXDM]

Dan for the win!

[skydve76]

Agreed, no paperwork necessary.  You can legally buy a gun as a gift for a family member.  You can also call it a gift too but some places may refuse to sell it to you if you say it is a gift.

Welcome to the illogical maze called gun laws.

[Jerry Lundegard]

Thanks for all of the information. I appreciate it and I am sure she will as well

[FarmerRick]

Also, if she lives in Omaha city limits and doesn't have a CHP, she'll need to register it with Omaha Police Dept.

[newfalguy101]

After I thought about it a bit, I realized I was incorrect about her needing a purchase permit.