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Step by step walk the thousand mile road
Picture of Sig2340
posted Hide Post
quote:
Originally posted by SigM4:
< snip >

How would this be any different than a pistol stolen from your own vehicle in your state; you're still the last FFL transfer they can trace.


In the case of a stolen firearm, hopefully you did the intelligent thing and reported it as stolen and you badgered the police/sheriff into putting it into the BATFE stolen gun database (SGDB). This is part protecting yourself, but more importantly, if it is in the SGDB and it is recovered, it will be returned to you.

quote:
Originally posted by SigM4:
< snip >
Or what if you sold it private party in your state and didn't go through an FFL (where legal)?


Hopefully you have a bill of sale showing who bought it, and the terms and conditions attached to the sale (e.g., "as is").





Nice is overrated

"It's every freedom-loving individual's duty to lie to the government."
Airsoftguy, June 29, 2018
 
Posts: 31382 | Location: Loudoun County, Virginia | Registered: May 17, 2006Reply With QuoteReport This Post
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Picture of bigdeal
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As I read this thread its providing me with a great deal of humor. Thousands upon thousands of guns are illegally 'transferred' (if you will) over a bucket of Church's and a couple beers, or out of the trunk of car, throughout the country every day. And interestingly, most of those 'transfers' are never caught or prosecuted because: 1) They're far too numerous for the ATF or law enforcement to keep up with, and 2) because the ATF (like most government entities) borders on utter incompetence. And those are the 'transfers' that almost always result in horrible outcomes.

You are obviously free to do as you see fit or as you're comfortable, but rest assured, the possibility the ATF or LE is going to show up at your doorstep to discuss a discrete 'transfer' between otherwise law abiding family members falls somewhere in the range of winning the PowerBall.


-----------------------------
Guns are awesome because they shoot solid lead freedom. Every man should have several guns. And several dogs, because a man with a cat is a woman. Kurt Schlichter
 
Posts: 33845 | Location: Orlando, FL | Registered: April 30, 2006Reply With QuoteReport This Post
Member
Picture of sigcrazy7
posted Hide Post
quote:
Originally posted by smlsig:
This brings up an interesting question..

What if the person who legally owns the gun dies and in his will it is to be given to a child who resides out of state...

How is that handled? Does the executor go to a FFL to do the transfer??


The answer to your question is already posted in this thread. Quoted from Dreamerx4's post a bit above yours:

quote:

Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under a will or by State law upon death of the owner. See 18 U.S.C. §922(a)(5)(A).


By lawful bequest, I'd assume this means that the transfer would have to be specified in a will or ordered by a court during probate proceedings.



Demand not that events should happen as you wish; but wish them to happen as they do happen, and you will go on well. -Epictetus
 
Posts: 8202 | Location: Utah | Registered: December 18, 2008Reply With QuoteReport This Post
Member
Picture of HayesGreener
posted Hide Post
quote:
Originally posted by SigM4:
quote:
Originally posted by HayesGreener:
quote:
Originally posted by creslin:
There's no firearm registration in either state - so it's not like they can actually track this stuff.
If it were me in your same shoes.. I'd simply hand them the guns and be done with it.

The less the government has to do in our daily lives the better.



For anyone considering this, don't. Here's a forseeable scenario. You give a pistol to a relative in another state without an ffl transfer. Your family member's house or car is burglarized and the pistol is stolen. It ends up on the street and is used in a crime. BATFE traces the gun and shows up on your doorstep with questions about how that gun ended up at a crime scene. You are screwed.


How would this be any different than a pistol stolen from your own vehicle in your state; you're still the last FFL transfer they can trace. Or what if you sold it private party in your state and didn't go through an FFL (where legal)? You're not any more screwed. You could have (legally) loaned the gun to a relative (no FFL transfer required) and then this happened. Bottom line is if a gun is stolen and you're the last FFL transfer associated with it, no matter how many further transfers have taken place, the cops are going to show up at your door. It's not the end of the world.

You miss the point. If you illegally transferred the gun to an out of state resident and it is stolen and used in a crime, this is the point where you get caught for illegally transferring the gun to an out of state resident.


CMSGT USAF (Retired)
Chief of Police (Retired)
 
Posts: 4358 | Location: Florida Panhandle | Registered: September 27, 2009Reply With QuoteReport This Post
Little ray
of sunshine
Picture of jhe888
posted Hide Post
quote:
Originally posted by bigdeal:
As I read this thread its providing me with a great deal of humor. Thousands upon thousands of guns are illegally 'transferred' (if you will) over a bucket of Church's and a couple beers, or out of the trunk of car, throughout the country every day. And interestingly, most of those 'transfers' are never caught or prosecuted because: 1) They're far too numerous for the ATF or law enforcement to keep up with, and 2) because the ATF (like most government entities) borders on utter incompetence. And those are the 'transfers' that almost always result in horrible outcomes.

You are obviously free to do as you see fit or as you're comfortable, but rest assured, the possibility the ATF or LE is going to show up at your doorstep to discuss a discrete 'transfer' between otherwise law abiding family members falls somewhere in the range of winning the PowerBall.


This is true, but I would never advise anyone to break the law.

And one thing - you won't be "screwed" if a gun you used to own turns up at a crime. If they check, generally the worst is that you'll answer questions about when you got rid of it. If you made an illegal transfer, you might face some risk, but the mere fact that the gun is later used in a crime doesn't make the former owner somehow liable.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53118 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
Member
Picture of bigdeal
posted Hide Post
quote:
Originally posted by jhe888:
quote:
Originally posted by bigdeal:
As I read this thread its providing me with a great deal of humor. Thousands upon thousands of guns are illegally 'transferred' (if you will) over a bucket of Church's and a couple beers, or out of the trunk of car, throughout the country every day. And interestingly, most of those 'transfers' are never caught or prosecuted because: 1) They're far too numerous for the ATF or law enforcement to keep up with, and 2) because the ATF (like most government entities) borders on utter incompetence. And those are the 'transfers' that almost always result in horrible outcomes.

You are obviously free to do as you see fit or as you're comfortable, but rest assured, the possibility the ATF or LE is going to show up at your doorstep to discuss a discrete 'transfer' between otherwise law abiding family members falls somewhere in the range of winning the PowerBall.


This is true, but I would never advise anyone to break the law.
Which was the reason I commented, but made no recommendations.


-----------------------------
Guns are awesome because they shoot solid lead freedom. Every man should have several guns. And several dogs, because a man with a cat is a woman. Kurt Schlichter
 
Posts: 33845 | Location: Orlando, FL | Registered: April 30, 2006Reply With QuoteReport This Post
Thank you
Very little
Picture of HRK
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The rules from the ATF have been posted several times, it's very simple

IntraState (thats inside one state), follow the in state laws

Interstate, ATF rules for interstate transfer apply meaning an FFL transfer is required regardless of who you transfer to.

Intestate, per will, no FFL transfer required intra or interstate...

So you should want to follow the rules, correct? Therefore take it to a VA FFL, you have two who have offered here, and do the 4473 per the law.

I doubt you'll ever see the ATF on your front porch asking about it, nor will you find them wearing dark suits, thin ties and Ray Ban Shades, riding in unmarked LTD's behind you, switching off tails at different points and staking out your daughters home if you take it to her and hand it to her, illegally.



 
Posts: 23244 | Location: Florida | Registered: November 07, 2008Reply With QuoteReport This Post
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