Weapons, Guns, Firearms Gift of a gun... Interstate.

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Attack_Monkey_1

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Situation: I am going to get married and would like to get my best man a gift. I was planning on making that gift a handgun, however I live in Georiga and he lives in Louisiana. Neither of us are legally prohibited from owning a gun or a handgun specifically. We are 28ish years old, have no non-traffic criminal convictions, have not been disagreeably admitted to a hospital (psych. or otherwise) and are generally upstanding citizens. In addition the gift would be given to him when he visits Georgia for the wedding, so physical transfer of the firearm through the mail is also not at issue.

What I know: One can purchase a firearm and gift it to another provided that no payment changes hands (that it is indeed a gift) - this is not a straw man purchase by ATF documentation. I also know that you may not purchase a handgun in a state you do not legally reside in without having it shipped to a FFL within your state of residence prior to you taking possession.

What I don't know: The legality of an inter-state gift. Most of the documentation I can find is related to people within the same state, a gift that goes from a FF licensee to a non-licensee or rifle/shotgun purchases or gifts.

Any help or resources would be much appreciated.
 
I'll start by confessing that I'm a Yank and we don't know a whole lot about guns up north. :D. I think most important is to look at the state law where the wedding is taking place and where you are making the gift. Chances are that the wedding venue is going to be the key indicator because possession will change hands there and the law will speak on whether and how a new owner of a gun may take or not take possession. My initial thought was why didn't you just make it easy on yourself and get him a nice flat screen tv? :D
 
I know - a flat screen tv would be so much easier, not quite the same bang for the buck though :)

This question is maddening... Apparently it doesn't come up much because there is so little posted about it. After a cursory search of georgia's laws I can find no law prohibiting gifting a gun to someone out-of-state. However I can't really find anything about gifting a gun whatsoever. What's even worse is that I would be concerned that this is interstate "commerce" in the ridiculously loose definition we have of those words and that I will be violating federal law...

I'll continue to search for some shred of evidence that clarifies this question... All help is appreciated!
 
Great pun. ;) You may want to look at licensing requirements in the state. In a number of states there ois a waiting period and it makes me suspicious that if one were allowed to gift guns easily, that would circumvent gun restrictions, e.g. A felon could get around restrictions by having a person buy a gun and innocently not know of the 'friend's' prior convictions. I'm just not feeling comfortable about this without knowing what an owner would have to do to buy a gun in the state. Good luck and enjoy the wedding.
 
Dang.

In the interests of public knowledge here is what I have found:

18 USC Sec. 922 01/03/2007

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS

-HEAD-
Sec. 922. Unlawful acts

-STATUTE-
(a) It shall be unlawful -
(1) for any person -
(A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or

[...]

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of firearm to any person for temporary use for lawful sporting purposes;

Since I am not dead I'm not bequesting it to him, I believe "interstate succession" refers to common law marriage or other semi-legal relationships which doesn't apply and it's not a loan/rental so that portion is out.

My interpretation then is that it is illegal to purchase a gun lawfully and gift it to someone from out of your state. :mad::mad::mad:
 
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Guns are pretty personal. Maybe you can get him a gift certificate for a gun store near where he shall be living. . .
 
They are indeed personal and it's better that he gets to select it but there is something to be said for giving an actual gift rather than a gift certificate though.

Thanks for your reply.
 
You interpreted that correctly!
 
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