Firearm transfer

[matthewquigley]

Ok, my son's 19 year old friend already has his CCL. He wants to buy our Smith Sigma 40. His dad is ok with it. Am I wrong or can his father buy it for him? This isn't considered a straw purchase is it? We will do the transfer through a local gun store. Any one have any ideas on this? Any idea how much shops charge for doing the transfer? Thanks!

 

[Indy_Guy_77]

Private transfers between legal parties are legal in IN.

19 years old = he can buy it from you himself. No need to involve an FFL unless you just want to for piece of mind.

 

[matthewquigley]

But he can't legally purchase it himself can he? Doesn't it require someone buying it for him?

 

[WebSnyper]

But he can't legally purchase it himself can he? Doesn't it require someone buying it for him?

At 19 he can purchase it himself in a FTF private transaction.

He cannot buy it from an FFL/dealer at that age, but he can make a private purchase.

http://www.in.gov/legislative/ic/code/title35/ar47/ch2.html

IC 35-47-2-7
Prohibited sales or transfers of ownership
Sec. 7. (a) Except an individual acting within a parent-minor child or guardian-minor protected person relationship or any other individual who is also acting in compliance with IC 35-47-10, a person may not sell, give, or in any other manner transfer the ownership or possession of a handgun or assault weapon (as defined in IC 35-50-2-11) to any person under eighteen (18) years of age.

 

[Irishman]

Most shops charge $15 to $25 for transfers.

 

[Fishersjohn48]

Let's back up a little here. Since he has his CCL and the OP does not mention what state this is in, let's figure that out first. Is this in Indiana?

 

[indoorsoccerfrea]

Federal law states that an individual must be 21 to purchase from a licensed dealer. So if he wants to buy from a gun shop he needs to be 21. However, in Indiana if he wants to purchase a gun in a private transaction, he needs only be 18. All of my handguns I bought before 21 in private transactions.

 

[eldirector]

He is 19 = he can legally purchase from a private party himself.

CCL = That's not an Indiana thing, so what state are the two of you in?

Yes, his father can buy it from you and give it to him as a gift.

No, that is not a "straw purchase". That is when a gun is bought for someone that cannot otherwise buy it themselves (a prohibited person).

If you are doing the transfer through a local shop (why, I would know), then there are different rules. The Feds require licensed dealers to run the Form 4473, which he would need to be 21 to fill out.

His father could STILL fill out the 4473, buy the gun, and gift it to his son.

I wouldn't pay more than $20 for a transfer.

Assuming you and the buyer are both over 18 and both Indiana residents (in Indiana), just exchange $$$ for the gun and be done with it. Doesn't have to be complicated.

 

[matthewquigley]

Yes...we are in indiana

 

[scottka]

As long as you don't suspect that the friend is a felon or otherwise not allowed to own a firearm, and he is a resident of the state of Indiana, sell it to him. Perfectly legal. Happens all the time.

 

[Raskolnikov]

Federal law states that an individual must be 21 to purchase from a licensed dealer. So if he wants to buy from a gun shop he needs to be 21. However, in Indiana if he wants to purchase a gun in a private transaction, he needs only be 18. All of my handguns I bought before 21 in private transactions.

This is 100% correct. There is no need to waste time or money with a transfer (as long as you are confident that he is a "proper person" according to Indiana Law--18 years old, no felonies, domestic battery convictions, and not found mentally deficient by a court). The fact that he has his CCW should make you confident that he is a "proper person.'

As a side note, parents are allowed to purchase firearms for their children. This is not a straw purchase.

 

[SW.Ecks]

Wait so as long as both parties are legal, all you have to do is exchange money and the handgun? What happens if something happens to where the police have to run the serial and it comes back to the original owner?

 

[CTS]

Wait so as long as both parties are legal, all you have to do is exchange money and the handgun? What happens if something happens to where the police have to run the serial and it comes back to the original owner?

You tell them who you sold it to. Personally when selling any weapon, I would recommend drafting a little bill of sale complete with the serial, their confirmation that they aren't legally prohibited from owning the firearm in question, and their signature.

Also, just to clarify it's "if both parties are otherwise legal to own the weapon in question AND both residents of Indiana." If you're dealing with a resident outside of Indiana then it's Interstate Commerce and you need to run it through an FFL.

Basically, yes I can sell a gun to my otherwise legal neighbor without going through an FFL.

 

[JetGirl]

Wait so as long as both parties are legal, all you have to do is exchange money and the handgun? What happens if something happens to where the police have to run the serial and it comes back to the original owner?

Nothing.

You tell them who you sold it to.

Considerate...but not required.
"Sold it to a guy at a swap meet...didn't catch the name" works, too.

I would recommend drafting a little bill of sale

A good "recommendation", but again...not by any means a mandatory thing.

 

[PGRChaplain]

^^^^^ What JetGirl said! (she Knows!) Welcome to INGO!

 

[JetGirl]

^^^^^ What JetGirl said! (she Knows!)

I'm telling you, people... I NEED that T-shirt!

 

[WebSnyper]

I'm telling you, people... I NEED that T-shirt!

I think you meant, we all need that T-shirt

I'm married, I know these kind of things about women

 

[remauto1187]

Wait so as long as both parties are legal, all you have to do is exchange money and the handgun? What happens if something happens to where the police have to run the serial and it comes back to the original owner?

The only way a serial number "being ran" "comes back to the original owner" is if the original owner reported it stolen an gave the serial number to the police when filing the complaint.

There is no such thing as "gun registration" nor any law that requires it. 4473 are suppose to be destroyed by the FFL/Dealer after a certain period of time. However their bound book which has the same info in it and is required by the BATFE is a matter of record.

 

[WebSnyper]

The only way a serial number "being ran" "comes back to the original owner" is if the original owner reported it stolen an gave the serial number to the police when filing the complaint.

There is no such thing as "gun registration" nor any law that requires it. 4473 are suppose to be destroyed by the FFL/Dealer after a certain period of time. However their bound book which has the same info in it and is required by the BATFE is a matter of record.

Law enforcement can contact the manufacturer, which in turn provides the distributor that the gun went to, which in turn can provide the dealer that the gun went to, which then can provide the original purchaser.


So while no registration, it is not impossible for it to be tracked at least to the original 4473 purchaser.

 

[JetGirl]

The only way a serial number "being ran" "comes back to the original owner" is if the original owner reported it stolen an gave the serial number to the police when filing the complaint.

There is no such thing as "gun registration" nor any law that requires it. 4473 are suppose to be destroyed by the FFL/Dealer after a certain period of time. However their bound book which has the same info in it and is required by the BATFE is a matter of record.

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