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]

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

[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]

Must the pistols be transferred through a FFL (Iowa to Nebraska), or do I have to fill-out federal or state forms?

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

[Gene Kelly]

Thanks for the great analysis.  So, it means a shipping charge and double FFL fees for me (one in Iowa, one in Nebraska; for each firearm).  Who knew that 20 miles distance could be so costly and bureaucratic?

[SemperFiGuy]

Who knew that 20 miles distance could be so costly and bureaucratic?

Yes, indeedy.

And possibly even more costly and bureaucratic to skip this relatively expensive and cumbersome process by taking the obvious, tempting shortcuts.

sfg

[m morton]

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?
unless taking the gun across a state line is an issue this should be ok ? or unless Iowa law differs and a buy permit is needed for the first transfer mother to daughter his should be legal ... ?

[hilowe]

Does she need a purchase permit? NO

You might want to double check this one. 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.

Now, this might be a different situation than he was talking about, because it's husband to wife.

[Kendahl]

why go thru the hassle of the ffl when she lives so close?

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.

[Kendahl]

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.

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]

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?

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]

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.

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]

The only information a non-FFL holder needs to ship a handgun to a FFL holder

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?

[Mntnman]

I was going to sell a gun to a guy by shipping it to his ffl. My ffl said it was legal but his ffl didn't want to receive from a private citizen so my ffl was going to ship it to him but the guy ended up coming to pick it up. ( both of us in state)

[tstuart34]

Isn't having your mother in law puchase a gun for you and then giving you a straw purchase?

Sent from my VS985 4G using Tapatalk

[SemperFiGuy]

Isn't having your mother in law purchase a gun for you and then giving you a straw purchase?

Yes, if you cannot otherwise purchase that gun legally.

Here's the def on straw purchases, courtesy of the National Shooting Sports Foundation:

"A straw purchase occurs when the actual buyer of a firearm is unable to pass the required federal background check, or does not want his or her full name associated with the purchase, and has someone else who can pass the required background check purchase the firearm for him or her."

Whatever, that would be one heckuva Mother-in-Law.   She's a keeper.

sfg