transfering handguns across statelines

Discussion in 'National Laws, Bills and Politics' started by Darklock, Dec 27, 2018.

  1. Darklock

    Darklock Active Member

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    Here is the situation. It looks like my brother in law is going into an assisted living facility. He currently lives in Illinois, wife and I are in Georgia, her other brother and sister live in Indiana. I know he has a couple of pistols that will need to go to someone. Not sure who yet. I assume a transfer would legal require an FFL? Also to throw a wrench into the situation, not sure if he even has an Illinois FOID card, as he bought these pistols while living in Las Vegas, then moved to Indiana, before moving to Illinois about one year ago. what is our next move?
     
  2. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Is he mentally competent?

    Power of attorney to local trusted person in his state.

    He directs POA to give away or sell gun(s).

    POA makes it happen, through agreeable FFL dealer in IL.

    But if the guns are contraband in Illinois and cannot be legally owned by your brother-in-law then I suppose they can't be legally transferred out of the state through an FFL dealer.
    They probably will have to be forfeited --ultimately to be destroyed.

    This is not legal advice and I did absolutely zero research on this issue.
     

  3. Darklock

    Darklock Active Member

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    Mentally competent- yes. just not physically able to live on his own.additionally.... the assisted living facility would be in Indiana, the state that other in-laws live. I assume he can store it at SIL house until his residency is official there,then he can just give it to them.
     
  4. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    if your brother-in-law doesn't have a firearms owners ID card, maybe a better way to handle it would be for him to make a will naming who will get the guns when he passes away, and then just wait for that to happen. That way you don't have to have an FFL in Illinois to cooperate in transferring these guns out of state.

    Im thinking an FFL dealer would not accept the shipment from a person who is still living or that person's designated agent or POA if the living person cannot legally possess the guns under Illinois law.
    Any dealer with any sense would not touch the transaction with a 10 foot pole.

    But if somebody inherits these guns after the deceased has passed away, either with a will or even without a will, federal law says you don't need an FFL to send them. The person who gets the guns can just take them and drive them to his or her home state.

    (it's a little more complicated than that, but that's the gist of it and the bottom line )
     
  5. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    about the move to Indiana. I think you're right that a person can temporarily allow a relative in another state to store guns for that person as long as they don't possess them in control them themselves. (Because if they could control them and use them that would be a transfer.)

    But if your ill brother-in-law sends those guns under lock and key to relatives in Indiana that would be fine.

    After he himself has established his new Indiana residency at that nursing home then he would be free to give the guns away... a gift from one IN resident to another.
     
  6. Darklock

    Darklock Active Member

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    Thanks, that what I thought. Box up his belongings and store them in garage till he gets out of hospital and moves into A/L facility. then gift them.
     
  7. Nemo

    Nemo Man of Myth and Legend

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    Drive up to visit, have him take them on a ride with you to IN and over there he can gift them to you and you drive home with them.

    Nemo
     
  8. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    wrong wrong wrong --that's absolutely illegal .
    Residents of two different states cannot exchange firearms no matter which one travels to the other one's State, or even if they meet in a neutral third State between them .
    (Not unless an FFL, or two, is involved.)
     
  9. Nemo

    Nemo Man of Myth and Legend

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    Let him come to Ga. Adopt mental attitude that for a week or 2 that is "home". Effectively he is a resident and would be a valid gift.

    Nemo
     
  10. moe mensale

    moe mensale Well-Known Member

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    Because the ATF says so? Just like most of their other "make-it-up-on-the-fly" rules.

    It's "legal" for long guns. Why not handguns? It's being challenged. Mance v Whitaker.
    https://www.guns.com/news/2018/11/2...ndgun-purchase-bans-appealed-to-supreme-court
     
  11. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    MANCE is not about private party deals and transfers without an FFL.

    MANCE is about buying guns from FFL dealerships in other states after you show your ID, submit to the Brady background check, and fill out a form 4473. None of that is applicable to what Nemo suggested doing.
     
  12. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Why all the vitriol? Just point him to the law.
     
  13. Adam5

    Adam5 Atlanta Overwatch

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  14. NTA

    NTA Well-Known Member

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    The bible study discussion a while back was a lot more civil. Not a single "GDamn".

    Should folks wound this tight have a carry license ?

    At least they stay home and work the forums looking for an audience.

    Funny thing about forum moderation: too much or too little will kill it.
    This forum is on its last breath.
     
  15. phantoms

    phantoms Senior Mumbler

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    If he were to travel to the recipient's state could they not both go to a FFL in that state for the transfer?

    In fact, I thought by law he could even mail them to a FFL in the recipient's state for transfer without having to go through one in the sender's state.
     
  16. Darklock

    Darklock Active Member

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    I'm going with my solution up there in reply #6. I don't think they are anything I would want anyway. A cheap .380 and a two-shot derringer. I have no use for either.
     
  17. Nemo

    Nemo Man of Myth and Legend

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    You could take them to one of those gun buy backs on his behalf.

    Nemo
     
  18. moe mensale

    moe mensale Well-Known Member

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    My mistake. You're correct. Mance deals with in-person FFL purchases only.
     
  19. moe mensale

    moe mensale Well-Known Member

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    In-person long gun purchases from an out-of-state FFL only require the selling FFL.
     
  20. moe mensale

    moe mensale Well-Known Member

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    Seriously, Kurt, calm down before you stroke out.

    I was mistaken about what Mance applied to and said so. That said, you (and some others) may not like what I (and some others) post here. But in the real world, many of ATF's stupid rules are ignored on a daily basis by all types of people. Including those sworn to uphold the "law." I know because I've bought and sold from them. I don't believe in arbitrary and capricious rules made with no intent other than applying government control over us under penalty of fines and incarceration. I'm not forcing my beliefs on anybody. You live in your world. I'll live in my world.