transferring gun ownership

[nick67]

my stepdaughter owns a marlin 45/70 and she is moving into nyc from nassau county,does she need to go to the gun store and do background check to gift to her mom?

[The_Real_TCIII]

She does now that you posted this lol

[nick67]

20 minutes ago, The_Real_TCIII said:

She does now that you posted this lol

lol

 

[Buckmaster7600]

Technically speaking if she was "storing" it at her moms she doesn't need to do anything.


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[Culvercreek hunt club]

ARTICLE_39-DDD
26 PRIVATE_SALE_OR_DISPOSAL_OF_FIREARMS,_RIFLES_AND_SHOTGUNS
27 Section_898._Private_sale_or_disposal_of_firearms,_rifles_and_shotguns.
28 §__898.__Private_sale_or_disposal_of_firearms,_rifles_and_shotguns._1.
29 In_addition_to_any_other_requirements_pursuant_to_state_and_federal_law,
30 all_sales,_exchanges_or_disposals_of_firearms,_rifles_or_shotguns__shall
31 be__conducted_in_accordance_with_this_section_unless_such_sale,_exchange
32 or_disposal_is_conducted_by_a_licensed_importer,__licensed__manufacturer
33 or__licensed__dealer,__as__those_terms_are_defined_in_18_USC_§_922,_when
34 such_sale,_exchange_or_disposal_is_conducted_pursuant_to__that__person's
35 federal__firearms__license_or_such_sale,_exchange_or_disposal_is_between
36 members_of_an_immediate_family._For_purposes_of_this_section,_"immediate
37 family"_shall_mean_spouses,_domestic_partners,_children__and__step-chil-
38 dren.

 

The answer is no, she doesn't have to. 

Edited March 15, 2017 by Culvercreek hunt club

[moog5050]

Way to read the regulations Culver Creek, Esq.

[BizCT]

Way to read the regulations Culver Creek, Esq.

I concur


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[bkln]

The defense rests your honor... :-)

[Culvercreek hunt club]

53 minutes ago, moog5050 said:

Way to read the regulations Culver Creek, Esq.

Just went through it all with my dad passing.

 

six degrees of separation.  technically if you make enough "legal" transfers as noted above you can get a gun to about anyone. 

Edited March 15, 2017 by Culvercreek hunt club

[jmark]

I think the transfers within family have to be to family in the same state, otherwise you have to do a NICS.  I have this issue with my dad in NC, he has to send his guns to my FFL (except the C&R guns, which he can send to me).  

[nick67]

Thank you for the replies guys. 

[Big Indian]

I always "borrow" my guns from a family member and return them when I'm finished. I don't '

'own"any........

[BizCT]

Clearly someone needs to file a motion to dismiss. Otherwise Dodd Frank is gone, eDiscovery fees will be through the roof, 17 expert witnesses will be needed, and trial will last 3.14 years.


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[The_Real_TCIII]

Clearly someone needs to file a motion to dismiss. Otherwise Dodd Frank is gone, eDiscovery fees will be through the roof, 17 expert witnesses will be needed, and trial will last 3.14 years.


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All of that will be hashed out in discovery, this will never see the light of a courtroom. If the OP were my client I'd advise him to take the deal. He'll be out before his 40th birthday (assuming he's 23 now)

[BizCT]

All of that will be hashed out in discovery, this will never see the light of a courtroom. If the OP were my client I'd advise him to take the deal. He'll be out before his 40th birthday (assuming he's 23 now)

If the glove don't fit, you must acquit


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[The_Real_TCIII]

I was just reading that OJ may be out this year

[tuckersdaddy]

Clearly someone needs to file a motion to dismiss. Otherwise Dodd Frank is gone, eDiscovery fees will be through the roof, 17 expert witnesses will be needed, and trial will last 3.14 years.


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Biz.... no pi for you!

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[BizCT]

Biz.... no pi for you!

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Ultimately the question truly is- to be, or not to be? When you figure that out, you have your answer.

Welcome to March Madness!


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[Culvercreek hunt club]

Double post

[Culvercreek hunt club]

19 hours ago, jmark said:

Duplicate

Edited March 16, 2017 by Culvercreek hunt club

[Culvercreek hunt club]

19 hours ago, jmark said:

I think the transfers within family have to be to family in the same state, otherwise you have to do a NICS.  I have this issue with my dad in NC, he has to send his guns to my FFL (except the C&R guns, which he can send to me).  

I guess if it is mailed or is a pistol. If he physically brought them to NY(which he can legally do) what law section would keep him from giving to you then? lol The OP is in NY as is the stepdaughter.

Edited March 16, 2017 by Culvercreek hunt club

[jmark]

10 hours ago, Culvercreek hunt club said:

I guess if it is mailed or is a pistol. If he physically brought them to NY(which he can legally do) what law section would keep him from giving to you then? lol The OP is in NY as is the stepdaughter.

I can't remember specifically without looking, and I could be wrong, but I think it's basically a federal law/interstate commerce issue.  May be in the GCA.  I'm pretty sure any interstate transfers require FFL, even between family members.  If you live in the same state - reside in the same state - I don't think the rule applies.  But I think you have to both live in the state.