Out of State "Loan" of Firearm

Discussion in 'General Firearms Forum' started by jthrelf, Jan 29, 2013.

  1. jthrelf

    jthrelf

    Messages:
    443
    Likes Received:
    6
    Joined:
    Sep 14, 2012
    Location:
    PA
    Hey All,

    This is a direct quote from ATF's FAQ.

    My situation is that I would like to buy my father a Beretta 92. I live in PA and he lives in NJ. Aside from the NJ specifics of handgun permits, we would have to do a FFL transfer for me to give him the pistol, since its an out of state sale.

    However, where is the borrowing line drawn? Whats stopping me from letting him just borrow it after its purchased by me? Of course there is no registration, just the 4473 filled out by me.

    My father is 58, there's an extremely small chance he would ever have a firearm that's locked in his trunk (NJ remember..) be checked out by LE. If that ever happened, what's stopping him from saying hes only had it for a week or so? What if he ever had to use it in a home defense situation?

    I suppose this would not be a question if we did a FFL transfer but there goes me surprising him with a stainless 92 and even after the initial surprise, going through red tape is never fun

    :dunno:
     
  2. brboyer

    brboyer

    Messages:
    745
    Likes Received:
    7
    Joined:
    Jun 15, 2006
    Location:
    Tampa Bay Florida
    You can only 'loan' it to him for use while in your state, he cannot take it out of your state.
     

  3. jthrelf

    jthrelf

    Messages:
    443
    Likes Received:
    6
    Joined:
    Sep 14, 2012
    Location:
    PA
    thanks for the reply brboyer... not doubting you, but does anyone else have any info?

    because the text says nothing about which state the receiver of the loan will be in
     
  4. VinnieG

    VinnieG

    Messages:
    192
    Likes Received:
    0
    Joined:
    Dec 18, 2012
    Location:
    Iowa
    You can gift a firearm with out an ffl transfer. The transfer only applys if you mail it to him.
    Even if he would get pulled over with it in the trunk, how they gonna know if it has or has not been transfered through an ffl. The transfer is not a registry. Unless your state is totally different than most
     
    Last edited: Jan 29, 2013
  5. ThinkMud

    ThinkMud

    Messages:
    334
    Likes Received:
    0
    Joined:
    Jul 26, 2010
    Location:
    Northern VA
    Bad son! Bad bad bad!! Gifting your pops a berreta??? Gift him a g19 and be proud son!!!

    There is a reason most of us jar heads hate them:)
     
    Last edited: Jan 30, 2013
  6. cfrye11

    cfrye11

    Messages:
    436
    Likes Received:
    3
    Joined:
    Nov 19, 2012
    Even in the communist republic of NY all I would have to do is surrender the gun to the state police . They run the serial number if its clean they deliver it to FFA and he transfers it to me. I list it on my permit and gun is now a OK . ( as long as I don't put 10 in the mag )



    molan labe
     
  7. ThinkMud

    ThinkMud

    Messages:
    334
    Likes Received:
    0
    Joined:
    Jul 26, 2010
    Location:
    Northern VA
    Only partly joking above lol. But I have no idea about the laws like that. I would guess FFL transfer.

    I did something similar for my pops and I took him to the gun shop "just to look" and had the dude behind the counter show me the gun, then I showed to my dad and was like "isn't this the one you want?" And he was like "yep that's exactly what I'm gonna buy next" and I was like "we'll, I hope brought your ID, because this one is yours!" And he was stoked as all! So u can still surprise him, even with a FFL transfer if you plan it with the gun shop.

    Good luck!
     
    Last edited: Jan 30, 2013
  8. 1234Havasu

    1234Havasu

    Messages:
    718
    Likes Received:
    1
    Joined:
    Dec 19, 2009
    Location:
    LHC, Arizona
    Why don't you go visit your father and take the gun with you to use for target practice at the range. To avoid any trouble on transporting it for future visits ask to keep it there and also mention that if he ever wants to take it to the range himself, he has your blessing.
    As for the unofficial story, Happy birthday dad.
     
  9. DoubleWide

    DoubleWide

    Messages:
    5,990
    Likes Received:
    1,999
    Joined:
    Sep 3, 2008
    Ahhh, the wonderful world of firearm law.

    My understanding

    NJ law does not allow the loan of firearms except under certain controlled circumstances that this would not fall under.

    Transfer through a NJ FFL to him.
     
  10. sourdough44

    sourdough44

    Messages:
    5,688
    Likes Received:
    4,266
    Joined:
    Jul 23, 2007
    Location:
    WI
    I got a few of the late Grandfather's guns. Nothing should come between family, simplify.
     
  11. faawrenchbndr

    faawrenchbndr CLM

    Messages:
    41,957
    Likes Received:
    8,057
    Joined:
    Nov 24, 2005
    Location:
    Denver, IN
    Are firearms required to be registered in NJ?