Gifting handgun from NH resident to non-resident brother

[ddlynch2]

I am visiting NH later this month (Sept. ‘23) and am in desperate search of information on NH laws regulating gifting, or private sales, of a handgun.
My brother, who is a NH resident, is wanting to give me a handgun (that he owns) as a birthday gift. I am currently a Hawaii resident (formerly long-time NH resident).
The local authorities here in Hawaii are suggesting that I complete the transfer of ownership while in New Hampshire and then complete the registration upon my return.
At this point, I am looking for any and all information regarding a legal transfer of ownership in NH. Any help or guidance that the NES community can offer would be.
greatly appreciated. All of my attempts to contact NH authorities have been unsuccessful. So, too, have my online efforts to this point.

note:
1) being that we are brothers, we are ““known“ to one-another
2) I am not restricted, in any way (other than the current basic legal limitations of what is considered “permissible”), from owning a firearm
3) I am a gun owner in Hawaii and have recently undergone the background inspection necessary for a “right to acquire permit” for a handgun in this state. (NOT the gun being gifted)

 

[Len-2A Training]

I am visiting NH later this month (Sept. ‘23) and am in desperate search of information on NH laws regulating gifting, or private sales, of a handgun.
My brother, who is a NH resident, is wanting to give me a handgun (that he owns) as a birthday gift. I am currently a Hawaii resident (formerly long-time NH resident).
The local authorities here in Hawaii are suggesting that I complete the transfer of ownership while in New Hampshire and then complete the registration upon my return.
At this point, I am looking for any and all information regarding a legal transfer of ownership in NH. Any help or guidance that the NES community can offer would be.
greatly appreciated. All of my attempts to contact NH authorities have been unsuccessful. So, too, have my online efforts to this point.

note:
1) being that we are brothers, we are ““known“ to one-another
2) I am not restricted, in any way (other than the current basic legal limitations of what is considered “permissible”), from owning a firearm
3) I am a gun owner in Hawaii and have recently undergone the background inspection necessary for a “right to acquire permit” for a handgun in this state. (NOT the gun being gifted)

See my bolded part. What they are suggesting is a Federal Felony!! Never ask the police legal questions!!!

Fed law mandates that any transfer of a handgun (or frame/other) between 2 parties that don't live in the same state requires the transfer to be done at an FFL in the NEW OWNER's home state.

No legal way around this.

So to me it sounds like he needs to ship it to a dealer in Hawaii to do the transfer to you.

 

[fencer]

I am visiting NH later this month (Sept. ‘23) and am in desperate search of information on NH laws regulating gifting, or private sales, of a handgun.
My brother, who is a NH resident, is wanting to give me a handgun (that he owns) as a birthday gift. I am currently a Hawaii resident (formerly long-time NH resident).
The local authorities here in Hawaii are suggesting that I complete the transfer of ownership while in New Hampshire and then complete the registration upon my return.
At this point, I am looking for any and all information regarding a legal transfer of ownership in NH. Any help or guidance that the NES community can offer would be.
greatly appreciated. All of my attempts to contact NH authorities have been unsuccessful. So, too, have my online efforts to this point.

note:
1) being that we are brothers, we are ““known“ to one-another
2) I am not restricted, in any way (other than the current basic legal limitations of what is considered “permissible”), from owning a firearm
3) I am a gun owner in Hawaii and have recently undergone the background inspection necessary for a “right to acquire permit” for a handgun in this state. (NOT the gun being gifted)

Aloha! And welcome to NES. Your one stop shop for all legal questions regarding firearms law, especially in Massachusetts and it's surrounding states.

I have been here for a little while, and I gotta tell you, when you get a response to a legal question about firearms from that @Len-2A Training guy, you can take it to the bank.
Contact your preferred FFL and tell them you would liked to have the firearm sent to them so they can conduct the transfer and voila. Pay the transfer fee and fill out the paper work. You can probably ship the gun so it is waiting for you upon your return

 

[PaulR]

x a million.

Listen to Len.

 

[ddlynch2]

See my bolded part. What they are suggesting is a Federal Felony!! Never ask the police legal questions!!!

Fed law mandates that any transfer of a handgun (or frame/other) between 2 parties that don't live in the same state requires the transfer to be done at an FFL in the NEW OWNER's home state.

No legal way around this.

So to me it sounds like he needs to ship it to a dealer in Hawaii to do the transfer to you.

Len-2A Training,
Thanks for the schooling. I kinda knew this was going to be the final answer. I may have just been getting old info from some sources.
In any case, bottom line, I’m not bringing this handgun with me when I leave outta MHT? Right?
Follow-up .. does my brother need to involve an FFL in NH to handle the outbound shipping?

 

[ddlynch2]

Aloha! And welcome to NES. Your one stop shop for all legal questions regarding firearms law, especially in Massachusetts and it's surrounding states.

I have been here for a little while, and I gotta tell you, when you get a response to a legal question about firearms from that @Len-2A Training guy, you can take it to the bank.
Contact your preferred FFL and tell them you would liked to have the firearm sent to them so they can conduct the transfer and voila. Pay the transfer fee and fill out the paper work. You can probably ship the gun so it is waiting for you upon your return

Mahalo, fencer

 

[appraiser]

Len covered it but..

a HANDGUN can only be "transferred" ( sold, gifted) in the recipients home state

Since your state has very strict gun laws, and the Feds are not very forgiving, you need to find a FFL in your state that will accept an inbound transfer from Federally Licensed Firearms Dealer in NH and then to you.

Yes your Brother needs to find a FFL in NH willing to ship to Hawaii

 

[ddlynch2]

x a million.

Listen to Len.

Roger that.
Len’s the Man

 

[Len-2A Training]

Len-2A Training,
Thanks for the schooling. I kinda knew this was going to be the final answer. I may have just been getting old info from some sources.
In any case, bottom line, I’m not bringing this handgun with me when I leave outta MHT? Right?
Follow-up .. does my brother need to involve an FFL in NH to handle the outbound shipping?

Since FedEx and UPS policy is to NOT accept shipment of any guns except if it is from a FFL Dealer/Mfr who is a member of their special shipper program, and only FFL Dealers/Mfrs can ship handguns via USPO, realistically your only option is to have a NH FFL ship to a HI FFL.

 

[AFAR/PFAR]

Only going to tag in because you mentioned NH laws in your first post.

This is a fed law issue as are most interstate firearms rules.

 

[ddlynch2]

Len covered it but..

a HANDGUN can only be "transferred" ( sold, gifted) in the recipients home state

Since your state has very strict gun laws, and the Feds are not very forgiving, you need to find a FFL in your state that will accept an inbound transfer from Federally Licensed Firearms Dealer in NH and then to you.

Yes your Brother needs to find a FFL in NH willing to ship to Hawaii

Thanks, appraiser.
I believe that I understand the federal regulations (which would supersede any&all state or local laws) regrading such transfers.

In my case: my brother takes this handgun to a NH FFL who then ships it to a recipient FFL in my state.
Therefore, transfer of ownership only happens here in Hawaii. I end up performing all the required paperwork & background (++) checks just as I would for any basic retail purchase. So much for what may have been a simple birthday gift, back in the day.

 

[appraiser]

Thanks, appraiser.
I believe that I understand the federal regulations (which would supersede any&all state or local laws) regrading such transfers.

In my case: my brother takes this handgun to a NH FFL who then ships it to a recipient FFL in my state.
Therefore, transfer of ownership only happens here in Hawaii. I end up performing all the required paperwork & background (++) checks just as I would for any basic retail purchase. So much for what may have been a simple birthday gift, back in the day.

well "back in the day" must have been a long time ago, because ( and Len will correct me if I am wrong) GCA68 required anything interstate go thru a FFL.
Handguns had to be transferred in the recipients state of residence

FEDERAL law allows for long guns to be bought/transferred/gifted out of state, still requiring a FFL ... but that does not preclude MA and other states from prohibiting it, and in MA it was the Simon's Rock shooting that changed the state law.

I don't know about you but I was 9 in 1968

 

[DW357]

Is the gun some rare oddball collectible piece? Or is it something you can buy yourself in Hawaii?

 

[Rick O'Shea]

Is it a Flobert Parlor Rifle?

 

[drgrant]

What Len said in the second post

Otherwise this guy is coming for you:


View: https://youtu.be/eiyfwZVAzGw?si=a3-N2BxeAgeBP2nP

 

[fencer]

So much for what may have been a simple birthday gift, back in the day.

Land if the free, eh?

Make an event out of it. Take it to an FFL that has a shooting range, go shooting with your brother. Maybe rent some full auto or bucket list guns. Clean the gun, pack it up and pay for the fast shipping.

 

[Rick O'Shea]

Wait till he moves back to NH then just give it him with or without a bill of sale lol

 

[AFAR/PFAR]

Is the gun some rare oddball collectible piece? Or is it something you can buy yourself in Hawaii?

Hawaii is pretty dumb with firearms-- not sure how some of their issues haven't been challenged in court. Being gifted something may be easier.

That said, if he follows fed law he's right back to following Hawaii law as it is transferred in HI.

So we're back to simply buying something off the shelf in HI being easier.

 

[Matt_SERE]

Thanks, appraiser.
I believe that I understand the federal regulations (which would supersede any&all state or local laws) regrading such transfers.

In my case: my brother takes this handgun to a NH FFL who then ships it to a recipient FFL in my state.
Therefore, transfer of ownership only happens here in Hawaii. I end up performing all the required paperwork & background (++) checks just as I would for any basic retail purchase. So much for what may have been a simple birthday gift, back in the day.

In advance check out your local FFls. The rates they charge for transfers can vary wildly. A move some scumbags try is to want to charge sales tax on the value of the gun being transferred. Do your own due diligence on your end. Happy Birthday.