Question of the day.

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So here’s an interesting situation…

I live in Tennessee, and my dad lives in Michigan. We’re both into guns and own multiple firearms. I have a gun sitting in my safe collecting dust that I know he’d be interested in. One would think that I could just decide “hey dad, here, take this from your loving son and enjoy it in your good health.*” Unfortunately, there are laws in the way. First of all, it is my understanding that transfers of handguns across state lines (even a gift between family members) requires a NICS background check. I’ve also been told that, while there is no “handgun registration” in the state of Michigan, there is a “handgun buying permit” (which incidentally includes the make a model of the handgun) that is required even for a gift between family members. These two things means that this gift is going to have to go through an FFL.

So, here’s the question. I drive up there on a semi-regular basis. If I were to drive with the pistol up to Michigan, could my dad and I simply walk into a gun shop and have them do the NICS check, or is there something that mandates that I send the pistol from somewhere down here through whatever is the preferred delivery service?

Of course, I could go with what I’m guessing most folks do and ignore that, but… uh… I’m too pretty for jail.

* If I actually said that to my dad, he would probably check to make sure it wasn’t some sort of bomb or other death trap.

Comments

5 responses to “Question of the day.”

August 20, 2012

Robert Slaughter

Very good question. I would call the FFL in Michigan and ask. I think the problem will be you’re not a resident there. I know the long and safe route is You -> FFL/TN -> FFL/MI -> Dad, but also $$$ and PITA.

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August 20, 2012

HSR47

As I understand federal law, transfers between parents/children were specifically exempted from the NICS mandate.

Thus you likely only need to worry about the regulations in Michigan (if at all). If you want to do it above board

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August 20, 2012

HSR47

Cont.

I’d suggest talking to a few FFL holders and/or a good lawyer who specialize in firearm issues.

Even if you have to pay the lawyer some nominal fee for his time, it’s almost certainly worth it if you don’t have a relationship with a lawyer yet; when you need one, it helps to know one and have him on speed-dial.

Of course, you could also bring it with you the next time you visit and either ‘forget’ to take it home, or leave it there in case you need a carry gun the next time you’re there…..

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August 20, 2012

Brandon

It’s my understanding that it is legal to loan someone a gun, even if they live in another state, so long as it is legal for them to have the gun in their possession. One can presume that your father will return it to you either at a time of your choosing or upon his death (hope that’s not too morbid).

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August 27, 2012

Rob Reed

I’m in Michigan.

We do have handgun registration. We did away with the requirement to get the pistol “safety inspected.” We do require a “permit to purchase” be filled out when you acquire a handgun. That is a registration and the state now acknowledges it as such.

I don’t know if you can hand deliver the handgun to a Michigan FFL or if it has to be mailed. The ATF FAQ might discuss that issue.

As to leaving the handgun with him as a “loan,” don’t do that. He’d have to get it registered in Michigan to legally posses it. They do occassionally bust people for unregistered handguns, and not just gangbangers. It’s best not to skirt the law in this case.

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