Let’s Pretend I’m Paranoid
Maybe it’s because I now have a gun safe cabinet, but suddenly people want to give me guns. A friend has offered to gift me a 20-gauge with a shortened stock (it was his boyhood gun, so the stock was cut down and then rebuilt with rubber padding). He also wants to permaloan me his 12-gauge.
I’ve never done person-to-person transfers of guns, and I’m wondering what kind of commonsense precautions I need to take so I don’t run afoul of the law. In NY, long guns aren’t restricted much (at least outside of NYC), so I’m not too worried. But let’s say I’m paranoid. What steps would I take?
June 19th, 2008 at 12:35 pm
Well, if there’s no other state restrictions on the firearm, I’ve been saying treat it like a car accident… trade driver’s license info and be on your way.
June 19th, 2008 at 12:53 pm
Good grief, but living in NY must suck. In Washington, as in most states, as long as there was no transfer involving guns going across state lines (in terms of ownership) then you’d be just fine.
June 19th, 2008 at 12:55 pm
Outside of NYC, nothing. Inside NYC remove them from the license.
June 19th, 2008 at 1:21 pm
I’m unfamiliar with NY law. But in TN, you just hand it to your friend and say ‘here you go’.
June 19th, 2008 at 1:24 pm
It is the same for NY, but NYC requires a long gun license. Your friend just needs to have it removed from that license.
June 19th, 2008 at 1:34 pm
From another NY’er: if you’re only transferring a long gun, and aren’t in the 5-boroughs, no documentation is required.
If you’re paranoid and want a record, write both party’s name, address, phone, and date of birth on a piece of paper, along with the date. Include the description and serial number of each gun transferred, along with the price paid. Make sure you both sign it and each take a copy.
Like so:
Buyer:
Joe Smith
123 Main St.
Anytown NY 12345
Seller:
Jack Jones
345 State Av.
Anyville NY 54321
Item:
(1) Remington 870 12ga shotgun, S/N AB1234567, $150
(2) Savage 110 .30-06 rifle, S/N B77433, $300
Signed: Joe Smith
Signed: Jack Jones
06/19/08
June 19th, 2008 at 2:39 pm
In Texas, the same rule applies as in Tennessee. However, I’ve always gotten name and address from a Driver’s License if the person selling to me was not a long time friend, so that is great advice. You might want to go so far as to notarize the note.
However, one other item is worth checking, unless you are absolutely sure of the squeaky cleanliness of your donated guns: either gun could be listed as a crime gun on a national database if previously stolen or lost, sometimes even if just pawned and resold, so you might want to go to a gun dealer and ask if they can check the serial numbers for you. I’ve done that once, in MD.
June 19th, 2008 at 2:43 pm
BH-
I am quite happy for you.
It looks like you have your questions answered.
Keep adding to your arsenal and keep the brass flying, amigo.
June 19th, 2008 at 2:45 pm
Having lost firearms in a home burglary, may I also suggest that you discuss that possibility with anyone who lends you a firearm? It sucked losing my own 10/22; I’d hate to have to explain to a friend that his childhood gun was gone forever.
June 19th, 2008 at 3:15 pm
I do it like the TN situation. I don’t always know the name of the guy I’m buying a gun from.
June 19th, 2008 at 4:14 pm
Thanks for the advice, all. Looks like I’ll be exchanging some basic paper.
He says (and I believe) that he is the original owner, so I’m not going to run serial numbers. If I was paranoid, though, I certainly would.
And we’ve discussed the possibility of it going missing. He’s cool with that. He’s an extremely laid back, old hippie who hasn’t actually fired his guns in a few years. He’s not going to sweat it if the loaner walks in a break-in.
June 19th, 2008 at 4:48 pm
If you’re super paranoid, pay $20 or whatever to have a dealer do two 4473 transfers in person.
Can’t get much more super-perfectly-above-the-table than that, but it’s almost certainly far more than you need, even in NY.
June 19th, 2008 at 5:16 pm
Indiana’s like Tennessee. But Pennsylvania, oh no, you have to do it through an FFL.
June 20th, 2008 at 7:01 pm
That would be only the business of myself and the other guy. No matter location or illegal law.