General Categories > General Firearm Discussion
question re: guns as gifts legality
depserv:
Is it legal for a man to give his wife a pistol as a gift (assuming of course she can legally own one)?
What does it take for it to be legal?
Does she need a purchase permit?
Does the transfer of legal ownership have to go through a dealer?
If the husband is the legal owner can she use that pistol to get her CWP and then can she legally carry that pistol, even though her husband is the legal owner?
DR4NRA:
--- Quote from: depserv on November 07, 2015, 09:07:33 AM ---
Is it legal for a man to give his wife a pistol as a gift (assuming of course she can legally own one)? YES
What does it take for it to be legal? Legal ownership by you
Does she need a purchase permit? NO
Does the transfer of legal ownership have to go through a dealer? NO
If the husband is the legal owner can she use that pistol to get her CWP and then can she legally carry that pistol, even though her husband is the legal owner? YES
Persons wishing to obtain handguns through private sellers (non-firearms dealers) must obtain either a handgun certificate or a concealed handgun permit and are therefore subject to a background check.1 See the Background Checks in Nebraska and Licensing of Gun Owners or Purchasers in Nebraska sections for further information. A transferee is not required to obtain a handgun certificate, however, if:•The transferee is a licensed firearms dealer under federal law;
•The handgun is an antique;
•The transferee is authorized to do so on behalf of a law enforcement agency;
•The transfer is temporary and the transferee remains: (i) in the line of sight of the transferor; or (ii) within the premises of an established shooting facility; or
•The transfer is between a person and his or her spouse, sibling, parent, child, aunt, uncle, niece, nephew, or grandparent;
•The transferee is a peace officer; or
•The transferee is a holder of a valid Concealed Handgun Permit holder2
Transfers of rifles and shotguns by private sellers are not subject to background checks in Nebraska, although federal and state purchaser prohibitions still apply.
Nebraska expressly authorizes Nebraska residents not otherwise precluded by applicable laws to purchase, sell, trade, convey, deliver, or transport rifles, shotguns, ammunition, reloading components or firearm accessories in Nebraska and states contiguous to Nebraska.3
--- End quote ---
depserv:
Thanks for the information! This is one of the benefits of being part of this forum.
Gene Kelly:
If I may piggyback on the original question:
If my mother-in-law wishes to give me some pistols originally owned by her late husband, and she lives in another state, may she do so legally without paperwork, transfer intermediaries, and the like? Must the pistols be transferred through a FFL (Iowa to Nebraska), or do I have to fill-out federal or state forms?
SemperFiGuy:
--- Quote ---Must the pistols be transferred through a FFL (Iowa to Nebraska), or do I have to fill-out federal or state forms?
--- End quote ---
18 U.S. Code § 922 - Unlawful acts
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,
========================================================
Here's the requirement in this case:
(Original Iowa owner-to-Iowa FFL)
then across the state border to
(Nebraska FFL-to New Nebraska Owner)
In straightforward terms, from Iowa Mother-in-law to you in Nebraska MUST be through an Iowa FFL to a Nebraska FFL, then to you..
Bequests and inheritances are exceptions, but such does not apply in this case.
You will have to fill out the usual FFL forms when you take possession of the handgun in Nebraska. And you'll have to meet the usual criteria shown on the Yes/No check boxes on the form.
Hope this info helps.
sfg
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