General Categories > General Firearm Discussion
question re: guns as gifts legality
Kendahl:
--- Quote from: hilowe on January 05, 2016, 10:57:37 AM --- I was just at the Douglas County Sheriff's office yesterday to get a handgun purchase permit, and I thought the guy issuing them said that I needed one to receive a handgun.
--- End quote ---
I think the way this would work is that mother could give a handgun to daughter without a permit but, since the gun has to cross a state line, FFLs would be needed and daughter would have to undergo a NICS check by the Nebraska FFL.
If mother-in-law gives gun to you, you would need a permit unless you have a Nebraska CHP. Besides the permit or CHP, you would also need a NICS check.
SemperFiGuy:
In-state Nebraska handgun transfers within the second degree of consanguinity or affinity do not require either (a) a handgun purchase permit or (b) a CHP. And therefore, no background check is involved. (Which is an exception within the range of Obama's current crosshairs.) Both parties must still qualify for legal handgun ownership under federal, state, and any other laws. (You can't ship a handgun to Old Uncle Ned over in Iowa now that he's out on parole.)
Transfers of handguns across state lines do indeed require involvement of two FFLs, one in each state. Family relationship to any degree is not a mitigating factor to this requirement.
I know..................It's hard. These days, you can go to the pokey, just standin' there.
sfg
SemperFiGuy:
--- Quote ---Please correct me if i am wrong:
why go thru the hassle of the ffl when she lives so close? it's 20 miles why not take a drive and pick them up? have your mother in law sign a bill of sales for $0 stating that she is giving the guns to her daughter with time and date on the bill of sales to your wife - her daughter. transfer is legal and drive home. your mother in law can give your wife the weapons then as she is your spouse she can give them to you back in Nebraska and stay legal per this above statement "•The transfer is between a person and his or her spouse, sibling, parent, child, aunt, uncle, niece, nephew, or grandparent; " as your wife is the child of your mother-in-law and you are her spouse whats the issue doing it this way? just have 2 bill of sales signed to show the steps to prove the 2 transfers .. then with both bill of sales go register the guns in your name if needed at your local PD?
--- End quote ---
Whatcha got here is pretty much a classic case of a straw transfer. Which could readily be warped into what's known as a straw purchase by the BATFE folks, should the facts get loose. Which facts can do. BATFE frequently and seriously persecutes prosecutes straw purchases.
Not sayin' it wouldn't work, but let the wifey get mad about somethin'................
sfg
m morton:
--- Quote from: Kendahl on January 05, 2016, 02:31:16 PM ---The problem is that mother-in-law lives in Iowa while you and your wife (her daughter) live in Nebraska. Your strategy would be legal if all three of you lived in Nebraska.
--- End quote ---
seems you are correct i called Omaha police @ 402-444-5818 and asked, the officer i spoke to said that if the gun crosses a state line it needs to be ffl-ed .. mailed from fedx or UPS to a local ffl dealer and 4473 form filled out for pick up by the new owner. so it seems you need to call around and find a dealer that has a low fee to be the ffl for you.. i talked to jeff at four aces pawn shop http://fouracespawnomaha.com/gun-transfer-info/346292 and he charges 15 for the first gun and 5 for each additional so you may find a shop close to you with similar fee and lower fee for additional guns closer to home. best of luck ..
mother in law needs this info
FFL business name:
FFL business address:
FFL# :
on the box being ups or fedx-ed to a local shop close to you four aces wants a copy of her DL and contact info so they can call the last owner
this info is per a e-mail from jeff to me copied and pasted here
The only information a non-FFL holder needs to ship a handgun to a FFL holder is:
FFL business name Four Aces Pawn
FFL address 6604 N. 30 St
Omaha,NE 68112
FFL# 5-47-055-02-7F-10124
We would ask that the original owner or the person accepting responsibility for the disposition of the firearms, includes a copy of their state issued
drivers license or ID and a phone number or email address .
If you chose to use us as your transfer location, we charge $15 for the first firearm and $5 for each additional firearm on the same 4473 form.
Kendahl:
--- Quote from: m morton on January 05, 2016, 03:29:51 PM ---The only information a non-FFL holder needs to ship a handgun to a FFL holder
--- End quote ---
I wondered about this. Do you need an FFL at both ends, that is, one to ship and another to receive, or just an FFL to receive?
What about shipping a gun to the manufacturer for repair? How many FFLs are needed to keep everything legal? After repair, can the manufacturer ship the gun straight to its owner or must it go through an FFL? If an FFL is required, does the owner have to fill out a 4473 and a undergo a NICS check to take possession?
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