Author Topic: Gifting a handgun to a non-resident question.  (Read 7394 times)

0 Members and 1 Guest are viewing this topic.

Offline Crywulf0357

  • Posts: 7
Gifting a handgun to a non-resident question.
« on: June 27, 2011, 02:12:03 AM »
I have a friend coming in from out of state. She is a Florida resident were I believe no permit is required to purchase a handgun. I was planning on giving her a handgun when she came up. All I can find on the matter in Michigan law is from the Firearms act 372:
 
28.422 License to purchase, carry, possess, or transport pistol; issuance; qualifications;
applications; sale of pistol; exemptions; nonresidents; basic pistol safety brochure;
forging application; implementation during business hours.

    Sec. 2

    {8} An individual who is not a resident of this state is not required to obtain a license under this section if
all of the following conditions apply:
       (a) The individual is licensed in his or her state of residence to purchase, carry, or transport a pistol.
       (b) The individual is in possession of the license described in subdivision (a).
       (c) The individual is the owner of the pistol he or she possesses, carries, or transports.
       (d) The individual possesses the pistol for a lawful purpose as that term is defined in section 231a of the
        Michigan penal code, 1931 PA 328, MCL 750.231a.
       (e) The individual is in this state for a period of 180 days or less and does not intend to establish residency
in this state.

     So from what I gather from the above excerpt is 
          a: she licensed to purchase in her state due to they do not license
          b: is mute due to above
          c: she will be the owner
          d: obviously she's not going to hold a string of convenience stores on her way back to Florida
          e: she will be  in town for less than a month

I'm still digging around in Florida law online but any educated opinion from the knowledgeable ones here will be appreciated!!

"The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government."

                      Thomas Jefferson

Offline Bronson

  • Posts: 554
Re: Gifting a handgun to a non-resident question.
« Reply #1 on: June 27, 2011, 02:19:47 AM »
It's not about MI law it's about Fed. law as it pertains to interstate transfer of a firearm.  It's an interstate transfer because she's a FL resident. 

You would have to ship it to an FFL dealer in FL who will do the necessary paperwork to transfer the pistol to her.  She cannot take possession of it in MI and drive it back to FL for the transfer and you cannot take it to a MI FFL dealer and have it transfered to her while she's here. 

You could drive it down to FL, since you are the legal owner, transfer it to an FFL dealer who would do the Fed. paperwork and transfer ownership to her.

Bronson
Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. – Thomas Paine

Offline Crywulf0357

  • Posts: 7
Re: Gifting a handgun to a non-resident question.
« Reply #2 on: June 27, 2011, 02:39:27 AM »
Ok, So I can have my local gun shop send it to a Florida gun shop and she can pick it up from them when she gets back correct?
"The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government."

                      Thomas Jefferson

Offline Crywulf0357

  • Posts: 7
Re: Gifting a handgun to a non-resident question.
« Reply #3 on: June 27, 2011, 02:41:33 AM »
And yes....I didn't think about checking the federal laws...(slaps self on hand).    That should have been one of the things I checked out. I will remember that in the future however.
"The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government."

                      Thomas Jefferson

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
Gifting a handgun to a non-resident question.
« Reply #4 on: June 27, 2011, 01:55:43 PM »
Yes, if you prefer you can have a local FFL ship it to the receiving FFL in Florida.
I Am Not A Lawyer (nor a gunsmith).

Offline Bronson

  • Posts: 554
Re: Gifting a handgun to a non-resident question.
« Reply #5 on: June 28, 2011, 03:07:58 AM »
There is no law that says you must have an FFL send the gun.  Many FFLs refuse to receive a gun from a non-FFL but there is no Fed. law requiring it.  You may legally ship it to them via UPS or FedEx.  However, if you've got a good relationship with your FFL dealer they can ship it through the USPS for much cheaper.

Bronson
Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. – Thomas Paine