My daughter and her husband live in Michigan and I live in Indiana. I want to bequeath some/most of my guns to her and her husband either when I'm unfit to own any longer or die. Heck, I'd like to give them a couple now, for that matter. My daughter wants a handgun and I assume cross state gifting or anything else is frowned upon if hand guns are concerned.

How many felonies will everyone involved be committing if I just show up at their house and dump them off? Is there a proper way to do this? Let me guess, dealers, money and paperwork?

Leaving them in a will is one thing, giving them to her now is another.

Any handgun transfer rossing state lines needs to go through a FFL.

Order of ease

Give while alive, is best.
Just transfer via FFL

Trust is the next best. Nothing stops them from picking up the guns if the trust is well written as long as they have followed the laws of transport in both states. As long as neither are prohibited persons. Have an attorney draw this, no one size fits all stuff.

Probate sucks a pain in the ass for everyone involved. Some states are way worse than others.

I am not a lawyer but I researched this to leave my guns to my son.

I was under the impression that you'd be ok to gift to them unless one is a "prohibited person".
I am not a lawyer though. Perhaps one of our legal residents can offer some advice.
This is of interest to me as I'll need to gift some myself at some point.

Did the child live with you while old enough to own said gun? Handgun or long rifle?

Say a parent told their adult child, while living in your State, ‘all these guns are yours’. Then at a later date, they are out of State, you are just handing them their own gun.

To make it more obvious, say you bought them a 10/22 when they turned 18 at home. What’s wrong with passing their own gun later when they are out of State?

Yes, some caveats, MI is going the wrong way now with gun restrictions. One can easily jump through FFL hoops if worried. You could drive up, set the gun on the counter.

I’d think you’d want to settle things somewhat besides just putting things in a final will.

I understand, guns get stolen, can be sold or end up in any number of places.

I inquired and was told I could give my son a handgun from Ohio to Wisconsin. I suspect laws could vary from state to state.

I don’t see any reason why you can’t store their firearms in your safe until they are set up to take possession of them.
You are fortunate. I have two sons, one in Michigan, and the other in Seattle. Neither is showing an interest in any of my firearms.

Yeah, the thought process can be different, say the adult child moves to NY, compared to WY.

quote:

Originally posted by Krazeehorse:
I inquired and was told I could give my son a handgun from Ohio to Wisconsin. I suspect laws could vary from state to state.

Handguns crossing state lines are bound by Federal Laws……..not state laws.

Rule #1: Don't post it on an open forum where it could be used as evidence against you later.

Buying Guns as Gifts – Legal Concerns and Best Practices
www.concealedcarry.com - By Jacob Paulsen, 1 DEC 2022

Are you considering the purchase of a firearm as a gift to someone you care for? If so, there are some legal considerations and best practices to understand.

This post and the included infographic are here as a guide to help you navigate this decision and give you some other things to consider when purchasing a gun as a gift.

Firearm Gifts Legal Considerations —
First, contrary to what most people think, no Federal Law prohibits you from buying a gun as a gift for someone else.

However, you should beware of what is known as a straw purchase, which is illegal.

Someone makes a straw purchase when they purchase a gun on behalf of someone else who may not be available, able, or qualified to make the purchase themselves.

So, the federal law prohibits you from making a straw purchase for someone you know won't pass a background check. However, buying a gun to gift someone else is not the same as a straw purchase. Watch your language in the store to ensure that you don't say anything that might give the impression you are making a straw purchase.

For example, let's say you want to buy a gun for your spouse. Neither one of you is prohibited legally from purchasing or possessing a gun and can pass a background check. So, with nothing to hide, you tell the sales rep at the gun store that you are buying the gun for your spouse; they may refuse to sell you the gun.

The refusal isn't because you're doing something illegal, but because some federal firearms licensees (FFL's) are either unaware of what a straw purchase is and what it isn't or overly concerned about being the person who sells a gun to someone making a straw purchase.

Sometimes the ATF investigates straw purchases, and sometimes they don't. Typically investigations are retroactive, investigating how someone who committed a crime got a firearm rather than based on a clerk's gut feeling. But his isn't to say you couldn't get wrapped up in some investigation based on some clerk who thinks you're trying to make a straw purchase.

Laws regarding private transfers (gifts/sales).
There is a movement across the USA from various gun control groups to pass new laws that require that background checks be obtained not just for retail firearm purchases but for ALL transfers of ownership within the state. This requirement would include sales between two private parties.

What I've just described is what lawmakers call Universal Background Checks.

One (of many problems) with universal background checks is that the recipient of the firearm (even if it's a gift) must pass a background check before taking possession of the firearm.

Most states, however, still have no regulation around the transfer of a firearm between two private parties, or they may have exceptions for family members or antique guns.

If you've made the purchase and want to give the gun to someone, and the state you live in doesn't have this requirement, you can, without any paperwork or additional effort.

Contact your local attorney familiar with gun law or state Attorney General to get a clear understanding of the laws in your area related to purchases, private transfers, and licensing.

If you are gifting a firearm to someone outside the household (a friend, for example), it won't hurt to record the transfer. It doesn't have to be a complicated form. Just a document that includes the make, model, serial number of the firearm, along with details about the person to whom you gave the firearm, is sufficient.

While private party sales aren't the scope of this post, I'll mention that, at a minimum, for any gun you sell privately, you should keep similar documentation and have the buyer sign it.

When Shopping For Another Person's Gun —
Buying a gun for another person is a considerable challenge. Any given individual has unique needs and preferences such as the size of the gun, appropriate caliber, method of carrying, etc.

The most straightforward practice when getting someone a gift is to get them involved in the selection as much as possible.

One method is to invite some friends to shoot with you and the intended recipient. Have them bring all their guns and cycle your intended recipient through them all to get feedback about what they like and don't like.

Take note of the size and caliber of the guns they seem to prefer. Consider the type of action (single SA, double DA, or DA/SA).

Ask the intended recipient questions that might give you insight into how they will use the gun. Different questions would be appropriate depending on how novice or experienced that shooter may be and how many firearms they may already own. Here are some examples.

Of the firearms you own today, what do you feel you are missing and why?
When would you see yourself using a firearm?
If you carried a weapon on your person for self-defense, what method of concealed carry do you see as being most comfortable or workable for you?
Out of all (insert name of friend's) guns, which do you like the best and why?
Just like any gift shopping, it's always a good idea to call up two or more friends of your intended recipient and ask for their feedback as well. They may have some anecdotal insights that you can't get directly from the person.

It's never a good idea to assume that a specific gun is always a good fit for a particular demographic. For example, all women should use a DAO (double action only) revolver. Or that all women like small pink guns (these things may or may not always be the case, check out those posts for more info).

And make sure you research the firearm you're about to purchase. If it's going to be a gun for self-defense, it absolutely has to be reliable. Don't just take anecdotal stories from guys at the range or gun store counter. Here is a guide to choosing a reliable handgun.

Gifting a Firearm to a Minor —
Some states have strict rules concerning minors and gun ownership, while others are more lenient on minors owning firearms. The most important thing here is to research the state's laws in question before you gift a gun to a minor to make sure you have the most up-to-date legal advice.

We are not attorneys and can't take the place of a local attorney who can advise you of your state's laws. However, the map below links to all of our independent state websites. Each state website talks a great deal about concealed carry gun law, but not all of them will discuss minors and firearm ownership since our website is about concealed carry, and minors generally cannot do that.

Gift Card —
You'll have to weigh your options, but it may be better for you to buy a gift card for the recipient because there are so many variables, such as what the person likes, where you live, and if they can even own a firearm.

Sometimes instead of going through the headache of figuring all of that out, a gift card makes sense. Giving it to the person in a fun way can work out better than buying a gun that they won't like for one reason or another.

Bigger box stores and many local gun shops will have a way to buy a gift card. If you know, they are into guns and gear; this could be a good option.

quote:

Originally posted by Krazeehorse:
I inquired and was told I could give my son a handgun from Ohio to Wisconsin. I suspect laws could vary from state to state.

Absolutely incorrect, and if you do it is a federal felony. State laws can be more restrictive, but a state law cannot make it okay to do something that is prohibited by federal law.

There are no exceptions for family.

There are no exceptions for long guns.

Any transfer between individuals who are residents of different states must go through an FFL to be legal.

There is an exception for an inheritance.

But, as previously mentioned, if that person already owned the gun, either purchased or gifted while still a resident of your state, and just left it with you for convenience, he/she can pick it up later, or you can deliver it in person. That is not a transfer because it’s already their gun.

However, you cannot give it to someone who resides in a different state, even if that gift is face to face, and even if it’s in your home.

quote:

Originally posted by Steve in PA:

quote:

Originally posted by Krazeehorse:
I inquired and was told I could give my son a handgun from Ohio to Wisconsin. I suspect laws could vary from state to state.

Handguns crossing state lines are bound by Federal Laws……..not state laws.

Not just handguns. For transfers from one individual to another long guns are subject to the same prohibitions.

And to be clear, it’s not the crossing of state lines that is the issue. It is the transfer between residents of different states that is prohibited. It doesn’t matter if it’s face to face or transported.

quote:

Originally posted by jcsabolt2:
Rule #1: Don't post it on an open forum where it could be used as evidence against you later.

Buying Guns as Gifts – Legal Concerns and Best Practices
www.concealedcarry.com - By Jacob Paulsen, 1 DEC 2022

…

Most states, however, still have no regulation around the transfer of a firearm between two private parties, or they may have exceptions for family members or antique guns.

If you've made the purchase and want to give the gun to someone, and the state you live in doesn't have this requirement, you can, without any paperwork or additional effort.

Contact your local attorney familiar with gun law or state Attorney General to get a clear understanding of the laws in your area related to purchases, private transfers, and licensing.

If you are gifting a firearm to someone outside the household …

We are not attorneys …

This part of the the article is either wrong, or at best, it’s misleading. It doesn’t matter if state laws allow something; it can still be a federal crime.

And gifting “outside the household” is not relevant unless he literally means living and residing in the same house. If that’s the case, then they would be residents of the same state. But if you consider your son or daughter to be part of your household, that could not be controlling if they had a legal residence in another state.

Michigan requires registration of handguns, that ultimately is done through the Michigan State Police. That law has been in effect since 1927.

This procedure as follows is only valid with both persona as residents of Michigan:

What is a License to Purchase and is one needed in every case where a pistol is acquired?
MCL 28.422 A License to Purchase is a license required prior to acquisition of a pistol. The acquisition can be either by a purchase, gift, or inheritance. A License to Purchase is not needed for anyone with a valid Michigan Concealed Pistol License, for firearms dealers purchasing from wholesalers, or for relics, curios, antiques, etc., not made for modern ammunition. Someone with a valid Michigan Concealed Pistol License must, however, complete a Pistol Sales Record when acquiring a pistol.

You don't have to be residents of the same state, but you do have to reside in the same state.

For example, I'm a Florida resident and my uncle is a Michigan resident. I have a house in Michigan and he has a condo in Florida. It's legal for he and I to gift each other firearms while he is here in Florida because we both reside in Florida.

It's more complicated in the summer when I'm residing in Michigan though because of Michigan laws pertaining to handguns.

I have purchased long guns in Michigan and he has purchased handguns in Florida as well.

I'd be curious about storage. For example, when I moved to an unfriendly state and city, I left some firearms stored at a friend's house in my previous state of residence. If that was legal, what would prevent a father from storing his firearms at his child's house in another state?

The OP’er mentions guns that have been owned a while it seems, not buying a new gun.

Thank you for the info gentlemen. There's a Michigan gun shop I've wanted to visit for a long time. I'll check out the handgun transfers while checking the place out.

Federal law....All firearms transferred across state lines require background ck regardless of family connection. Only Antiques are exempt. https://www.atf.gov/firearms/q...r-firearms-under-gca

quote:

Originally posted by jcsabolt2:
Rule #1: Don't post it on an open forum where it could be used as evidence against you later.

I think the better approach is to just follow the letter of the law, and then it doesn't matter whether you mention it publicly or not.

I'm confused. Why not just sell it to her for whatever you want, $5.00, and send it from your FFL to her FFL. End of problem.