Firearm transfers to family members..just to be sure I know...

[Target]

I see that a parent can give firearms (non pistol) to children and step children without having to go through a FFL.
Can they go from child to parent as well?

 

[Arjuna]

Not sure if this applies yo all counties

http://www.saratogacountysheriff.or...Immediate-Family-Bill-of-Sale-or-Executor.pdf

"Per the NY SAFE Act, as of 03/15/2013, Private Sales between individuals are permitted only if a NICS check for the Buyer is provided. Exception: Private Sales between “Immediate Family,” defined as Spouses, Domestic Partners, Children and Step- Children. If this exception applies, fill in the Affirmation of Relationship"

 

[togmaster]

I see that a parent can give firearms (non pistol) to children and step children without having to go through a FFL.
Can they go from child to parent as well?

Yes

 

[Acer-m14]

is it a registered black one .. .. what gun ... just saying ... shhhhh LOL .... I so hate this Gun Rights Infringement (Gun Control)



Edited by NirvanaFan: Changed text color

 

[VietnamEraVet]

Interesting to read this thread, as I was just in the Erie County PPO this week making changes.

I was kind of shocked when Alan told a man there that if he wanted to co-register his guns with another CCW holder who was NOT a family member as mentioned above, that the second person would have to pass a NICS check for each handgun he wanted to add to his permit! WTF???

This seems crazy to me.

So, if I have a permit, and my buddy has a permit, and we each want to co-register our handguns on the others permits (so that if one of us dies, the other can take possession of them legally and take reasonable time to dispose of them ,- not the 15 days they allow), we would each have to pay to run NICS checks on EVERY gun being co-registered???

And not only that, - but then how does that information get conveyed to the PPO?

 

[BerettaGuy]

This seems crazy to me.

So, if I have a permit, and my buddy has a permit, and we each want to co-register our handguns on the others permits (so that if one of us dies, the other can take possession of them legally and take reasonable time to dispose of them ,- not the 15 days they allow), we would each have to pay to run NICS checks on EVERY gun being co-registered???

And not only that, - but then how does that information get conveyed to the PPO?

If I go to a gun store and lets say i purchase 3 handguns.
How many NIC's Checks do I have to fill out? ONE!

I would then get 3 coupons to take to the ppo for the mandatory REGISTRATION. I think Alan is confused.

 

[VietnamEraVet]

If I go to a gun store and lets say i purchase 3 handguns.
How many NIC's Checks do I have to fill out? ONE!

I would then get 3 coupons to take to the ppo for the mandatory REGISTRATION. I think Alan is confused.

I'm still a bit confused on this. First, how many guns can be run per NICS check? And if I'm not buying guns there as I already own them (using Gander Mountain as an example), what will Gander give me to take to the PPO to give them so that they can be co-registered?

The coupons I'm familiar with come from the PPO to take back to the dealer in order to pick up the guns. But in the case of co-registering, we would already have the guns in our possession.

 

[Robin]

FUAC! POS
Robin

 

[MoMan]

How would anyone know if you transferred a long gun to someone else, unless you told them? I'm talking about a gun that you purchased prior to all the NICS checks for long guns!
The whole transfer via NICS check is so they can find out what people had prior to the NICS transfers. I wouldn't give them the satisfaction of the de facto registration.

BUT, that's just me!

 

[Cleck]

The whole transfer via NICS check is so they can find out what people had prior to the NICS transfers.

I'm not sure about that. It's possible, I mean, who knows? As far as I know, it's just for making sure the person isn't a felon or isn't able to own guns. A transfer is just a sale w/out money (well, ideally), so you have to make sure the other person is still good to go. I think. Otherwise, why would I have to pass one when I bought a lower? I already passed one when I bought my Shield, or when I bought my shotgun, or whatever else. My guess is that things could have changed since you last passed one, so you have to have your math checked before you move on.

Just a guess though, I really have no idea.

 

[shoot2much]

I think that on the surface, Cleck is correct. However, I wouldn't be surprised if they were also recording serial numbers. Then again, I don't think I recall the Dicks dude telling them on the phone what gun, specifically, I was buying. I think they just said "long gun" or something, when I bought my last shotgun.

 

[MoMan]

I'm not sure about that. It's possible, I mean, who knows? As far as I know, it's just for making sure the person isn't a felon or isn't able to own guns. A transfer is just a sale w/out money (well, ideally), so you have to make sure the other person is still good to go. I think. Otherwise, why would I have to pass one when I bought a lower? I already passed one when I bought my Shield, or when I bought my shotgun, or whatever else. My guess is that things could have changed since you last passed one, so you have to have your math checked before you move on.

Just a guess though, I really have no idea.

I'm not so sure the reason is to weed out felons from owning guns. My reason for this skepticism is trying to figure out why my Son had to "register" his Desert Eagle as an assault weapon, when it was already on his NYS permit? I think that given that requirement it still smacks of a de facto registration. Think about it, if I want to trade, sell OR even give a firearm to my cousin/nephew. etc. why would they require the transfer to take place via a NICS check? I would think that I would know if they were a felon. IF someone was looking to get a firearm into someone's hands that they knew was a felon, they would just do the deal, especially if it was a "pre NICS check" gun that no one knew about. I'm not trying to be argumentative, just trying to wrap my head around this.

I think that on the surface, Cleck is correct. However, I wouldn't be surprised if they were also recording serial numbers. Then again, I don't think I recall the Dicks dude telling them on the phone what gun, specifically, I was buying. I think they just said "long gun" or something, when I bought my last shotgun.

The way I understand it to work is as follows:
* Buyer & seller go to FFL
* FFL takes gun into their books
* FFL runs NICS check on new owner, and gets either a: go, delay, or denied
* If a "go" is given the FFL then transfers gun to new owner, thereby relieving the original buyer of any connection to the firearm

We offer the transfer through our books WITHOUT the NICS check as a service at the gun shop I work at down here, where there is no requirement for NICS check, etc. to sell, trade or give a gun away. We offer this service to absolve the original owner in the event something goes wrong. We do it for free for our "regulars" and a small ($10) fee for others.

I'm hoping one of the Fellas that owns a shop will ring in and help us to understand how this takes place.

 

[shoot2much]

Hope you're not in NY.

 

[Saltwater60]

When I was getting my guns from my dad to put on my permit I asked in an email before going to the pop how do I prove he's my dad, what paperwork was needed so I did not have to get a bg check. They responded oh nothing just fill out this form. I figured there would be a dna test or something(sarcasm). Honestly I thought they would make you jump through some hoops to prove relationship, but nothing.

 

[camper4lyfe]

The crazy thing about this law? I could transfer a gun "to" my sister in law's husband without a NICS check. How? I transfer the gun to my wife who then transfers to her sister who then transfers to her husband. All legal, no BGC.

 

[Target]

So does this mean that we still have to go to a FFL and 4473 the transfer ?
The only difference being is that the FFL does not have to call in the NICS.

Or can I just hand it over with a " Don't shoot your eye out, kid" and we're legal?

 

[Target]

Just read MoMan's post and was thinking about states that don't have "common sense gun laws" where you can buy & sell firearms at yard sales.

It boggles the mind as to how usless registration is as there is no way to trace a long gun to its current owner.

 

[NirvanaFan]

The way I understand it to work is as follows:
* Buyer & seller go to FFL
* FFL takes gun into their books
* FFL runs NICS check on new owner, and gets either a: go, delay, or denied
* If a "go" is given the FFL then transfers gun to new owner, thereby relieving the original buyer of any connection to the firearm

From what I remember reading, the FFL doesn't actually put the gun on their books until the buyer passes the background check. I think I remember reading that in a letter by the NY State Police. If the FFL puts the gun on their books and the buyer gets denied, the seller would have to pass a NICS check to get his firearm back from the dealer.

 

[camper4lyfe]

So does this mean that we still have to go to a FFL and 4473 the transfer ?
The only difference being is that the FFL does not have to call in the NICS.

Or can I just hand it over with a " Don't shoot your eye out, kid" and we're legal?

For long guns, no background check is required between members of your immediate family.

 

[NirvanaFan]

I'm not sure about that. It's possible, I mean, who knows? As far as I know, it's just for making sure the person isn't a felon or isn't able to own guns. A transfer is just a sale w/out money (well, ideally), so you have to make sure the other person is still good to go. I think.

Co-registering doesn't necessarily have anything to do with ownership though. You could co-register my pistols on your permit and you wouldn't have any legal claim of ownership.

 

[MoMan]

Hope you're not in NY.

I'm not (look at my location!)! I live in America!

 

[Cleck]

Now that I think about it, I didn't get a NICS check when my brother transferred his pistol to my permit. I turned the gun over to the police, they ran checks on it to make sure it wasn't stolen or involved in anything, then they gave me a ticket, I went to the clerk to have it added, then picked it up from the police. Reason why I turned it over was because he brought it in from Virginia when he came home from the Navy, he doesn't have a NY permit. There was no FFL and no NICS check required.

 

[shoot2much]

I'm not (look at my location!)! I live in America!

I was on mobile when I posted that, I don't recall seeing any location in that view. Now I see you're in Kentucky.

 

[eagleridge357]

From what I remember reading, the FFL doesn't actually put the gun on their books until the buyer passes the background check. I think I remember reading that in a letter by the NY State Police. If the FFL puts the gun on their books and the buyer gets denied, the seller would have to pass a NICS check to get his firearm back from the dealer.

That is correct

 

[eagleridge357]

Now that I think about it, I didn't get a NICS check when my brother transferred his pistol to my permit. I turned the gun over to the police, they ran checks on it to make sure it wasn't stolen or involved in anything, then they gave me a ticket, I went to the clerk to have it added, then picked it up from the police. Reason why I turned it over was because he brought it in from Virginia when he came home from the Navy, he doesn't have a NY permit. There was no FFL and no NICS check required.

Have we forgotten? Police are not required to play the game by the rules. They enforce the law only, well kinda, sorta, sometimes.

 

[Cleck]

I didn't think it had to do with the police ignoring rules, I think it more or less had to do with family transfers. I guess it wasn't actually a transfer because it wasn't technically owned by anyone with a legal permit.

Then again, I didn't ask, and the more we discuss it, the more confused I get as to what the right thing to do is.