Gift a handgun to my son (who lives in MA)

[GL2020]

I've seen several answers that are like what I'm asking, but not exactly.

My son lives in Lowell (I know they're not processing apps still) and he's going for his LTC
I live in RI (have LTC in RI and MA, but that is unrelated)

I pretty sure if I want to "gift" *(or sell for $1) him a hand gun, it's just a matter of going to an FFL in MA and letting them handle the background check.
I guessing he would have to register in it the portal as it is a "transaction". I'm also fairly confident it would have to be MA complaint pistol since (sig P320 with a 10 round mag should work), but not sure since the FFL isn't "selling" the pistol.

Question: My original plan was to just leave to him most if not all mt firearms in my will. Absent a strange bus accident or meteor strike it will probably be some time before my ashes are scattered and he would take possession that way. Are there any legal ramifications of letting him "borrow" it long term and then assume ownership after my demise? I'm not talking about the "Yeah..something bad happens...and that happens and it's your gun-yada yada". I'm asking is there anything legally that says I can or cannot lend him my gun (potentially long term) across state lines? I'm not specifically concerns with what "could" happen. Stricly the concept of him having possession while I retain ownership as long as I'm sucking air?

 

[bondsman333]

Is there something special about this particular gun? It would be way easier to just gift him a giftcard to a shop or just transfer some money to him so he can buy something

 

[Mesatchornug]

I've seen several answers that are like what I'm asking, but not exactly.

My son lives in Lowell (I know they're not processing apps still) and he's going for his LTC
I live in RI (have LTC in RI and MA, but that is unrelated)

I pretty sure if I want to "gift" *(or sell for $1) him a hand gun, it's just a matter of going to an FFL in MA and letting them handle the background check.
I guessing he would have to register in it the portal as it is a "transaction". I'm also fairly confident it would have to be MA complaint pistol since (sig P320 with a 10 round mag should work), but not sure since the FFL isn't "selling" the pistol.

Question: My original plan was to just leave to him most if not all mt firearms in my will. Absent a strange bus accident or meteor strike it will probably be some time before my ashes are scattered and he would take possession that way. Are there any legal ramifications of letting him "borrow" it long term and then assume ownership after my demise? I'm not talking about the "Yeah..something bad happens...and that happens and it's your gun-yada yada". I'm asking is there anything legally that says I can or cannot lend him my gun (potentially long term) across state lines? I'm not specifically concerns with what "could" happen. Stricly the concept of him having possession while I retain ownership as long as I'm sucking air?

My lay understanding is that interstate loans can be indefinite but are supposed to be for "sporting purposes."

If you complete the transfer at a Mass FFL, he will complete the 4473 as required. If it's a complete (compliant) pistol, he'll also complete the eFA-10, as required. If it's an item that's recognized federally as a firearm (but not in MA) the FFL will do the 4473, and the recipient would be expected to complete the eFA-10 in the portal within 7 days of assembling it into a firearm.

 

[GL2020]

My lay understanding is that interstate loans can be indefinite but are supposed to be for "sporting purposes."

If you complete the transfer at a Mass FFL, he will complete the 4473 as required. If it's a complete (compliant) pistol, he'll also complete the eFA-10, as required. If it's an item that's recognized federally as a firearm (but not in MA) the FFL will do the 4473, and the recipient would be expected to complete the eFA-10 in the portal within 7 days of assembling it into a firearm.

Thanks

There's lots of "sporting" going on in the streets of Lowell in his neighborhood lol

Not sure the P320 is compliant in MA as it is (no chamber indicator). But I'd have to look into that

 

[Mesatchornug]

Not sure the P320 is compliant in MA as it is (no chamber indicator). But I'd have to look into that

That part becomes irrelevant if what's transferred by the FFL is not a

“Firearm”, a stun gun or a pistol, revolver or other weapon of any description, loaded or unloaded, from which a shot or bullet can be discharged and of which the length of the barrel or barrels is less than 16 inches or 18 inches in the case of a shotgun as originally manufactured; provided, however, that the term firearm shall not include any weapon that is: (i) constructed in a shape that does not resemble a handgun, short-barreled rifle or short-barreled shotgun including, but not limited to, covert weapons that resemble key-chains, pens, cigarette-lighters or cigarette-packages; or (ii) not detectable as a weapon or potential weapon by x-ray machines commonly used at airports or walk- through metal detectors.

 

[GL2020]

Is there something special about this particular gun? It would be way easier to just gift him a giftcard to a shop or just transfer some money to him so he can buy something

Not special to the outside observer, no. Just that it was mine...he's used it many times...likes it, and I can only let my collection get so big before joining the MGOTW thread.

 

[pastera]

If you only gift him the frame then it transfers on a 4473.
Make him buy the slide later...

 

[greencobra]

My son lives in Lowell (I know they're not processing apps still) and he's going for his LTC

ahhh, elephant in the room...he hasn't got a ltc yet? asking for a friend of your son.

 

[AFAR/PFAR]

Lowell?

He should move north a hair.

Then the LTC convo would be moot.

 

[GL2020]

ahhh, elephant in the room...he hasn't got a ltc yet? asking for a friend of your son.

He apparently inherited my gift of procrastination prior to my death. Always find something the interests him more in a moment...usually has boobs or involves a cue stick and a rack (he's really good and spends lots of time in different pool halls).

When I was in the later half of my 20's much of my time and income was spent chasing skirts too, so I can't be too judgemental.

I wouldn't let him have it without the LTC (he's know that). He's done the class time, and shoots regularly when I can get him out of the pool halls....I'm certainly not worried from a competency or safety perspective. But yeah, told him that was non negotiable.

 

[GL2020]

Lowell?

He should move north a hair.

Then the LTC convo would be moot.

MA residency was a requirement for school when he ended up there (UMass Lowell). He is still technically in school...the same way Delta house was "in school"
I suggested similar...he seems unmotivated to move any time soon

 

[AFAR/PFAR]

MA residency was a requirement for school when he ended up there (UMass Lowell). He is still technically in school...the same way Delta house was "in school"
I suggested similar...he seems unmotivated to move any time soon

Moving is a pain for sure.

and besides, who knows where he'll end up at once he's settled down. Maybe that's a long term convo.

Anywho, hope you get it all resolved and he gets his LTC soon.

 

[Rick O'Shea]

He gets his LTC,.. and borrows your gun for the time being. Transfer it to him through an FFL if you want,.. thats it.

 

[AMV]

It would present no legal issues for a father to loan his son a gun, as long as the son could legally possess it. The 320 is a A mass compliant pistol depending on configuration. As already stated, it can be transferred as an FCU if it was an issue.

Personally, I would just loan it to him and not think twice about it.


Pursuant to 18 USC 922(a)(5), it is unlawful for “for any person…to transfer, sell, trade, give, transport, or deliver any firearm to any person…who the transferor knows or has reasonable cause to believe does not reside in…the State in which the transferor resides; except that this paragraph shall not apply to…(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;”