Taking ownership of pistols from an out of state relative (Read 2380 times)

tim808

My coworker’s brother is moving from Arizona to NY and giving his toys to my coworker

My coworker has a long gun permit so the long arms are no problem.

My coworker does not have an affidavit to get a pistol permit.
I’m thinking the local ffl isn’t going to release the pistols to him without pistol permits

1)  I don’t think my coworker wants to fly to Arizona to pick them up.....which would circumvent the permit....he could just register

2). My coworker is asking if I can get the permits and hold the pistols til he gets his affidavit/permit

Is there another way to do this?
Thanks!!
« Last Edit: July 16, 2020, 11:52:53 AM by tim808 »

Flapp_Jackson

Re: Taking ownership of pistols from an out of state relative
« Reply #1 on: July 16, 2020, 02:18:58 PM »
Out of state transfers for handguns require a local (HI) FFL be involved.  It's their role to ensure compliance with HI laws before transferring the firearm/s to your coworker.

Has the new owner ever claimed AZ as his legal state of residence? If the guns were already transferred to the coworker at that time, the guns could be shipped to the coworker in HI.  No need for any permits -- just take to HPD to register as out of state guns he already owns.  When asked, the guns were being stored by his friend, but circumstances have changed, and the friend in AZ can't continue storing them. 

If timing is an issue, and if the HI FFL is a gun shop, they will normally store the guns until your coworker has the required permits.  No need to transfer anything to you.  That's just more work, and it creates liability on your part.  That would be the worst time to have your (and their) guns stolen.

Flying to AZ might be a "work-around" solution, but I advise against it.  ATF requires interstate handgun transfers occur using an FFL in the state where the transferee lives.  Both the coworker and the AZ friend could be risking a lot - and for very poor reasons.  I'd recommend working this out within the limits of the law, and avoid doing anything that could come back to bite them both.  As I said, if the coworker happened to have lived in AZ, the in-state transfer would be legal.  Otherwise, use an FFL.

YMMV
« Last Edit: July 16, 2020, 02:24:31 PM by Flapp_Jackson »
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

tim808

Re: Taking ownership of pistols from an out of state relative
« Reply #2 on: July 16, 2020, 04:24:50 PM »
My coworker went to school in Arizona.  I think he also worked there before moving back to Hawaii about 3-4 years ago

The pistols belong to his brother in Arizona.  My understanding is the pistols were never transferred to my coworker while he was in Arizona.  My coworker never owned them.

His brother is moving to NY in early August

I’ll have him look into having an ffl hold the pistols

Thanks!!

Flapp_Jackson

Re: Taking ownership of pistols from an out of state relative
« Reply #3 on: July 16, 2020, 05:55:08 PM »
My coworker went to school in Arizona.  I think he also worked there before moving back to Hawaii about 3-4 years ago

The pistols belong to his brother in Arizona.  My understanding is the pistols were never transferred to my coworker while he was in Arizona.  My coworker never owned them.

His brother is moving to NY in early August

I’ll have him look into having an ffl hold the pistols

Thanks!!

If he was a student, odds are he never changed his permanent state of residence.

If he did, then he probably just doesn't remember being gifted those handguns -- at least the ones his brother owned while the coworker lived in AZ.   :thumbsup: :geekdanc:  Without a registration system in AZ, it;'s sooooo hard to keep track of these things.   :thumbsup:

The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

tim808

Re: Taking ownership of pistols from an out of state relative
« Reply #4 on: July 16, 2020, 06:25:37 PM »
Damn!

I’ll call my coworker Bob and his brother Jon

So Jon just has to have the toys shipped to a local ffl and Bob can pick up both pistols and long arm from the local ffl even though he only has a long gun permit? 

Since he already owns them and is only “retrieving” them from the local ffl

Flapp_Jackson

Re: Taking ownership of pistols from an out of state relative
« Reply #5 on: July 16, 2020, 06:39:24 PM »
Damn!

I’ll call my coworker Bob and his brother Jon

So Jon just has to have the toys shipped to a local ffl and Bob can pick up both pistols and long arm from the local ffl even though he only has a long gun permit? 

Since he already owns them and is only “retrieving” them from the local ffl

It's legal to have Bob's guns shipped to Bob directly without an FFL in the process.   FFLs are only required by law for transfers.  Having the guns shipped to the current owner is not a transfer.

For instance, if you are going to NV for FrontSight training, but visiting someone in NY after the course, you can ship the gun back to yourself in Hawaii directly.

Quote
6. May I lawfully ship a firearm to myself in a different State?

Any person may ship a firearm to himself or herself in the care of another person in the State where
he or she intends to hunt or engage in any other lawful activity. The package should be addressed to
the owner “in the care of” the out-of-State resident. Upon reaching its destination, persons other than
the owner must not open the package or take possession of the firearm.

This applies both ways -- to your travel destination and back home again.

https://www.atf.gov/resource-center/docs/0501-firearms-top-10-qaspdf/download
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

Flapp_Jackson

Re: Taking ownership of pistols from an out of state relative
« Reply #6 on: July 16, 2020, 06:51:12 PM »
If Bob and Jon prefer to use a HI FFL anyway, check with the one you select to make sure they have the right paperwork to receive the guns and release them to Bob.  Some HI FFLs only accept shipments from other FFLs, others don't mind.

In terms of expense and simplicity, shipping direct is a better option.  Make sure to use the proper packaging, markings (nothing identifying contents as firearms on the outside), and service.  Handguns have to be sent commercial carrier by non-FFLs, not US Post Office.  Long guns can go USPS.

A simple bill of sale from Jon to Bob dated when Bob was an AZ resident ought to be enough.  For registration, there's no paperwork like that required.  HPD will check to make sure none are on a stolen/BOLO list. 

If Bob has his LG permit, then he's already had a BG check.  Makes registering Out Of State firearms easier including handguns. 

DISCLAIMER:  I'm not a lawyer.  Anything I post on this topic is in answer to a hypothetical discussion.  My recommendations are purely notional and not to be taken as legal advice.

Having said that, there is always more than one way to legally accomplish the same thing without choosing the most difficult path just because "it's better to be  safe than sorry."

Do some research, read the ATF and HI rules and statues on this subject, and find what best fits Bob and Jon's situation.

 :shaka:

« Last Edit: July 16, 2020, 07:28:51 PM by Flapp_Jackson »
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

Flapp_Jackson

Re: Taking ownership of pistols from an out of state relative
« Reply #7 on: July 16, 2020, 07:09:10 PM »
I think you've done what most newcomers do -- combining permits and registrations.

A Permit to Acquire is needed for transferring ownership of a firearm.  Whether selling, gifting or inheriting, the transferee (receiver) needs a permit.   Whether Long Gun or handgun, a permit is needed.  The  difference is a handgun transfer requires a permit for that specific gun based on serial number and description.  Long gun permits are non-specific, good for 12 months, and good for any number of transfers while the permit is valid.

Registration is totally separate from the permit/transfer process.  Whether you acquired the gun as described above, brought it from another state as you move here, are using it temporarily here for hunting or competitions, or whatever other circumstance, all firearms you possess in the state are required to be registered in your county of residence or business.

Imagine Soldier Boy is reassigned to a location in Hawaii.  He is going to training enroute, so he leaves his AR-15 with his brother, Jon  :wave:.  After training, when SB has his living arrangements worked out, he asks Jon to ship him the gun.  Jon follows proper mailing processes and sends it to SB at his home.  SB then has 5 days (longer now due to COVID rules) to register the gun.  The law actually states "upon arrival of the gun or the owner in Hawaii, whichever is later."  Alternatively, SB could have shipped the gun to himself "In Care Of" a Soldier Friend and then picked it up when he arrived after training.  No FFL needed for any of that.

Hope that clarifies.   :thumbsup: :geekdanc:
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

Flapp_Jackson

Re: Taking ownership of pistols from an out of state relative
« Reply #8 on: July 16, 2020, 07:16:17 PM »
1 warning, which should go without saying:

Make sure Jon only sends guns AND MAGAZINES that comply with Hawaii's laws.  It might be legal in AZ, but if it's fun to own, it's probably illegal in HI.   :wacko:

https://www.pewpewtactical.com/how-to-mail-guns/#:~:text=You%20can%20ship%20a%20firearm,the%20destination%20to%20receive%20it.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

tim808

Re: Taking ownership of pistols from an out of state relative
« Reply #9 on: July 16, 2020, 07:21:01 PM »
Thanks FJ!!

robtmc

Re: Taking ownership of pistols from an out of state relative
« Reply #10 on: July 18, 2020, 05:55:34 PM »
My coworker’s brother is moving from Arizona to NY and giving his toys to my coworker
Has the guy beem checked for age related mental issues?    No rational reason to move from a free state like AZ to a totalitarian hellhole like NY.

Wife had no issues bringing in a pistol her mother left after death.   Locked box to bring it in, since it was already her's, no affadavit required to register, I think.  She did take the class somewhere along the line, does not recall the sequence.

BI, not Oahu.