Sorry - but I have to confirm regarding transfers.

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C-dub
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Sorry - but I have to confirm regarding transfers.

#1

Post by C-dub »

My dad recently past away out of state and did not have his firearms specifically listed as part of a will to whom he would bequeath them. Something that I'll get taken care of for myself as soon as possible, although not as big of an issue since anyone I would leave them to is still in Texas. My mom doesn't want to keep any of them, but she does want to move back to Texas ASAP. I'm thinking this might happen as soon as before the end of this year. So, that may simplify my questions.

I spoke with GrabaGun and they can handle the transfers and AFAIK for a reasonable price. $15 for the first gun and $5/each for each additional gun. The part I'm a little fuzzy on is that they say I need to take them to an FFL in the other state so that FFL could have them shipped to Texas. My questions are as follows.

1. I thought I could transport them myself and bring them all to an FFL here to do the 4473 form(s) for the legal transfers.

2. Since I can buy a long gun out of state, do the 4473 form there, and then take possession of it there, why would I need to do that twice in this situation?

3. If #2 is true do I still need to do it twice for handguns or is that just GaGs policy?

4. Could I be misunderstanding what I think I was told by GaG?

5. Would it all be easier if I just waited until my mom moved back to Texas where she could just give them to me without having to do any paperwork? I will be going back up there in July and thought I'd bring them back with me then. She could be ready to move back before the end of the year, but it also might not happen until next spring.
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carlson1
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Re: Sorry - but I have to confirm regarding transfers.

#2

Post by carlson1 »

I would wait until your Mom moved back. That is easy and no money involved.

You don’t have to have a FFL to ship to another FFL, but many FFL have that as a policy. It is not law.
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Soccerdad1995
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Re: Sorry - but I have to confirm regarding transfers.

#3

Post by Soccerdad1995 »

There could be additional state laws depending on the state your mom is located in.

As far as the federal law goes, I do not believe that you need to have it shipped from an FFL, it just needs to be shipped to an FFL in the receiving state. See https://www.atf.gov/resource-center/doc ... f/download
7. May I lawfully ship a firearm directly to an out-of-State licensee, or must I have a licensee in my State ship it to him? May the licensee return the firearm to me, even if the shipment is across State lines?
Any person may ship firearms directly to a licensee in any State, with no requirement for another licensee to ship the firearm. However, handguns are not mailable through the United States Postal Service and must be shipped via common or contract carrier.(18 U.S.C. §§ 1715). Firearms shipped to FFLs for repair or any other lawful purpose may be returned to the person from whom received without transferring the firearm through an FFL in the recipient’s State of residence. FFLs may also return a replacement firearm of the same kind and type to the person from whom received. 18 U.S.C. § 922(a)(2)(A).

Soccerdad1995
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Re: Sorry - but I have to confirm regarding transfers.

#4

Post by Soccerdad1995 »

One other thing. Take a look at Shipmygun.com. It's a firearm shipping service owned by Bud's gun shop. They make it super easy, and the shipping cost is very reasonable. I believe the shipment uses Bud's FFL license. If an FFL accepts transfers of guns that are bought on Bud's, then you will have no issues using this service.
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Scott B.
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Re: Sorry - but I have to confirm regarding transfers.

#5

Post by Scott B. »

You're dad's guns are really their guns as long as they were still married at the time of his passing. You could move them with any of her things that are coming here to Texas.

She can also send any of her guns to herself here in Texas.

"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. "

Now, an FFL can save you money on shipping over shipping yourself, but then they'd need to be logged in to the shipper's books and out to the receiving FFL here in Texas.

If you have an FFL that you deal with semi-regularly, see if they'll work you some kind of deal. I know I would if you were one of my customers.
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rm9792
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Re: Sorry - but I have to confirm regarding transfers.

#6

Post by rm9792 »

Why are you even bothering with transfers? There is no "registry" and Texas doesn't care. How is it any different than buying from a private seller as no 4473 is done then?
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C-dub
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Re: Sorry - but I have to confirm regarding transfers.

#7

Post by C-dub »

rm9792 wrote:Why are you even bothering with transfers? There is no "registry" and Texas doesn't care. How is it any different than buying from a private seller as no 4473 is done then?
Because for now my mom still lives in another state.

It didn’t occur to me until I was typing my initial post, but waiting until she moved back here may be the easiest way to go about this.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
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mrvmax
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Re: Sorry - but I have to confirm regarding transfers.

#8

Post by mrvmax »

C-dub wrote:
rm9792 wrote:Why are you even bothering with transfers? There is no "registry" and Texas doesn't care. How is it any different than buying from a private seller as no 4473 is done then?
Because for now my mom still lives in another state.

It didn’t occur to me until I was typing my initial post, but waiting until she moved back here may be the easiest way to go about this.
I would say you don’t need an FFL. The easiest way is to have her bring them with her here but you could get them. You would need to check state laws where she currently resides. This explains it some:
https://johnpierceesq.com/what-to-do-if ... her-state/

SigM4
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Re: Sorry - but I have to confirm regarding transfers.

#9

Post by SigM4 »

Just wait till you move her to Texas and then she can simply give the guns to you. No fuss no transfer.

Also, even before then there’s nothing stopping her from “lending” the guns to you prior to her move back. Unless she lives in a state like WA that requires a transfer anytime someone new handles the gun (a very slight exaggeration), you should be good to go till her official residence is Texas.

As an aside, if wanted to actually transfer them prior to her move, so long as she accompanies you you can transport them back to Texas and she can transfer them to you in person at the FFL’s (technically she’s transferring to the FFL in person, and then the FFL transfers to you). I did this with a gun I sold to a guy in KS when I travelled up there for business.
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rm9792
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Re: Sorry - but I have to confirm regarding transfers.

#10

Post by rm9792 »

SigM4 wrote: Fri Apr 13, 2018 9:19 pm As an aside, if wanted to actually transfer them prior to her move, so long as she accompanies you you can transport them back to Texas and she can transfer them to you in person at the FFL’s (technically she’s transferring to the FFL in person, and then the FFL transfers to you). I did this with a gun I sold to a guy in KS when I travelled up there for business.
If they are already in Texas, why go to an FFL? There is no federal or state registry so other than paying a fee you are doing nothing.
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ScottDLS
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Re: Sorry - but I have to confirm regarding transfers.

#11

Post by ScottDLS »

rm9792 wrote: Fri Aug 09, 2019 7:37 am
SigM4 wrote: Fri Apr 13, 2018 9:19 pm As an aside, if wanted to actually transfer them prior to her move, so long as she accompanies you you can transport them back to Texas and she can transfer them to you in person at the FFL’s (technically she’s transferring to the FFL in person, and then the FFL transfers to you). I did this with a gun I sold to a guy in KS when I travelled up there for business.
If they are already in Texas, why go to an FFL? There is no federal or state registry so other than paying a fee you are doing nothing.
Ecause his mom currently lives in another state. See OP. It is illegal to transfer a gun to a resident of another state without going through a FFL. As an aside this recently happened to my brother, whose FIL passed away with.a fairly big collection. FIL in MD, brother and SIL in NC. He drove up to MD and picked them up. Technically I’m not sure this was the legal way to do,it. But since mother in law moved to NC, it’s going to be a very difficult case for the proverbial “anti gun Assistant US Attorney” and “cop (ATF agent) with an attitude” to make.

This is why we need “Universal Background Checks” to prevent the next mass shooting with my brother’s illegally obtained 100 year old C&R Luger and double barrel shotgun. :evil2:

Luckily his neighbor who is suing him for the second time (already lost) for improper drainage, can red flag him. Then neighbor can tackle him and break his ribs and puncture his lung while he is mowing his grass. And the FBI and ATF can no knock raid his house at 1 am. It will be really easy for them with the wheel chair ramp for my disabled niece and nephew, if the flashbamgs don’t keep them in line. This is why we need to compromise on common sense gun laws like Red Flag and Universal Background checks. :mad5 :mad5 :mad5

Three felonies a day!
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"
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