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Giving a gun as a gift to a family member; same as selling a gun?


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#1 vito

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Posted 15 January 2017 - 08:46 AM

I am planning on giving one of my handguns to one of my sons now that he has his FOID and can legally possess a firearm here in Illinois. Do I have to go through the same process as if I were selling a gun to a stranger, i.e., prepare a bill of sale and validate his FOID number online, etc. or is gifting to a family member exempt from these rules?


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#2 WARFACE

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Posted 15 January 2017 - 08:58 AM

I am planning on giving one of my handguns to one of my sons now that he has his FOID and can legally possess a firearm here in Illinois. Do I have to go through the same process as if I were selling a gun to a stranger, i.e., prepare a bill of sale and validate his FOID number online, etc. or is gifting to a family member exempt from these rules?

Yes. I gifted a gun to my son and we did a proper tranfer so we both have copies of paperwork. There is a bill of sale template stickied around here somewhere that is very useful.


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#3 Dog1

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Posted 15 January 2017 - 09:48 AM

 

I am planning on giving one of my handguns to one of my sons now that he has his FOID and can legally possess a firearm here in Illinois. Do I have to go through the same process as if I were selling a gun to a stranger, i.e., prepare a bill of sale and validate his FOID number online, etc. or is gifting to a family member exempt from these rules?

Yes. I gifted a gun to my son and we did a proper tranfer so we both have copies of paperwork. There is a bill of sale template stickied around here somewhere that is very useful.

 

May wish to review http://www.ilga.gov/...98/098-0508.htm. Immediate family member gift exempt from FOID verification. Family member must meet all ownership requirements. Still need to keep record of transfer.


Edited by Dog1, 15 January 2017 - 09:51 AM.


#4 WARFACE

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Posted 15 January 2017 - 07:53 PM

 

 

I am planning on giving one of my handguns to one of my sons now that he has his FOID and can legally possess a firearm here in Illinois. Do I have to go through the same process as if I were selling a gun to a stranger, i.e., prepare a bill of sale and validate his FOID number online, etc. or is gifting to a family member exempt from these rules?

Yes. I gifted a gun to my son and we did a proper tranfer so we both have copies of paperwork. There is a bill of sale template stickied around here somewhere that is very useful.

 

May wish to review http://www.ilga.gov/...98/098-0508.htm. Immediate family member gift exempt from FOID verification. Family member must meet all ownership requirements. Still need to keep record of transfer.

 

I don't see how exceeding the law is a bad thing...do you?


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#5 Dog1

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Posted 16 January 2017 - 07:40 AM


I don't see how exceeding the law is a bad thing...do you?

 

 

Original post asked what is required when a firearm is gifted to an immediate family member. I don't see how providing accurate information and the applicable statute is a bad thing...do you?



#6 RoyB

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Posted 16 January 2017 - 09:51 AM

Probably not a bad idea to have paperwork should something happen to the gun while not in your ownership.



#7 ScottFM

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Posted 16 January 2017 - 04:37 PM

 


 

I don't see how exceeding the law is a bad thing...do you?

 

If the speed limit is 55mph do you tell people they should do 35mph? Is that a good idea? I think giving accurate information is the best answer. 


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#8 WARFACE

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Posted 16 January 2017 - 04:47 PM

 

 


 

I don't see how exceeding the law is a bad thing...do you?

 

If the speed limit is 55mph do you tell people they should do 35mph? Is that a good idea? I think giving accurate information is the best answer. 

 

Someone above you commented that having paperwork isn't a bad idea so apparently some feel it best to cover all bases. And a speed limit is just that...just because it's a limit doesn't mean you have to drive at it. If a gun that gets gifted to a family member ever gets stolen and used in a crime and recovered...they will be knocking on the original owners door and I would rather have transfer paperwork if that ever happened. You can sell and gift guns any way you want strokes.


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#9 Glock23

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Posted 17 January 2017 - 11:07 AM

 

 

I don't see how exceeding the law is a bad thing...do you?

 

If the speed limit is 55mph do you tell people they should do 35mph? Is that a good idea? I think giving accurate information is the best answer. 

 

Someone above you commented that having paperwork isn't a bad idea so apparently some feel it best to cover all bases. And a speed limit is just that...just because it's a limit doesn't mean you have to drive at it. If a gun that gets gifted to a family member ever gets stolen and used in a crime and recovered...they will be knocking on the original owners door and I would rather have transfer paperwork if that ever happened. You can sell and gift guns any way you want strokes.

 

 

You do have to have the transfer paperwork / bill of sale / whatever, required by law that be kept for 10 years after the transfer of a firearm.

 

What you don't have to do is use the ISP person to person transfer website to verify the gift recipient's FOID... this part is excepted for transfers to family members.


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#10 GLOCK22

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Posted 14 March 2017 - 09:03 AM

I know this thread is a few months old, but I'm wanting to gift a handgun to my stepson, and I can't find any related statute that mentions the age. Does he have to be 21, or can I physically give it to him on his 20th birthday? He lives with us, and he has his FOID.
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#11 Xwing

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Posted 14 March 2017 - 09:42 AM

I know this thread is a few months old, but I'm wanting to gift a handgun to my stepson, and I can't find any related statute that mentions the age. Does he have to be 21, or can I physically give it to him on his 20th birthday? He lives with us, and he has his FOID.

 

18 is the age limit

http://www.ilga.gov/...=072000050K24-3

 

also

http://www.ilga.gov/...ame=043000650K3


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#12 Blackbeard

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Posted 16 March 2017 - 02:10 PM

I don't think you need a bill of sale as there is no sale.  You do need to do the proper paperwork for a transfer.


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#13 imray69

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Posted 18 March 2017 - 08:00 PM

XWING, I just tried to transfer a pistol to my son who is 20. Put his info into the ISP website and it came back that he is qualified for long gun only. Anyone have some advice as to where or who I can contact about this? I'm guessing the ISP by phone would be a good start?

#14 RoadyRunner

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Posted 18 March 2017 - 09:10 PM

XWING, I just tried to transfer a pistol to my son who is 20. Put his info into the ISP website and it came back that he is qualified for long gun only. Anyone have some advice as to where or who I can contact about this? I'm guessing the ISP by phone would be a good start?

That's because he is not 21, and it's illegal to sell a handgun to someone under 21.

Gifting one is legal though (I believe).

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#15 spec4

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Posted 25 November 2017 - 12:31 PM

Can a person, not an Illinois resident, gift a firearm to a relative who is an Illinois resident without involving an ffl?



#16 kwc

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Posted 25 November 2017 - 06:58 PM

Can a person, not an Illinois resident, gift a firearm to a relative who is an Illinois resident without involving an ffl?


No, it is against federal law to do so.

Only intestate (e.g. through a will) transfers between family members are legal across state lines without involving an FFL.

Edited by kwc, 25 November 2017 - 07:14 PM.

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#17 Kaeghl

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Posted 27 November 2017 - 10:51 AM

 

Can a person, not an Illinois resident, gift a firearm to a relative who is an Illinois resident without involving an ffl?


No, it is against federal law to do so.

Only intestate (e.g. through a will) transfers between family members are legal across state lines without involving an FFL.

 

 

I'm redoing my will with codicils, and could you please post where to find the portion of whichever law covers the interstate transfer of ownership via will that doesn't involve FFL? My brother's kids might not be up on that, and I'd like to make things at that time easier.

 

That's if you have time....it would appreciated.



#18 Xwing

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Posted 27 November 2017 - 04:56 PM

XWING, I just tried to transfer a pistol to my son who is 20. Put his info into the ISP website and it came back that he is qualified for long gun only. Anyone have some advice as to where or who I can contact about this? I'm guessing the ISP by phone would be a good start?

 

Just saw this question from March.  I just posted the laws. :)  Per http://www.ilga.gov/...ame=043000650K3 you do not have to use the ISP system for a gift to a family member (see 430 ILCS 65/3(a-15)(2) ).  So really no-one you need to talk to, as you are not required to use that system.

 

Basically for gifts, no age limit on long guns and limit of 18 for handguns (e.g. guns that can be concealed per 720 ILCS 5/24-3(A)(a) 

 

The laws for sales and transfers through an FFL are different.  Generally 18 (long gun) and 21 (handgun).  But the rules for gifting intrastate are above.

 

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#19 kwc

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Posted 28 November 2017 - 10:16 AM

I'm redoing my will with codicils, and could you please post where to find the portion of whichever law covers the interstate transfer of ownership via will that doesn't involve FFL? My brother's kids might not be up on that, and I'd like to make things at that time easier.
 
That's if you have time....it would appreciated.


Start here, question #2 in ATF FAQs:

https://www.atf.gov/...qaspdf/download

Then review 18 U.S.C. 922 ( a ) ( 5 ):

https://www.law.corn...ode/text/18/922


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#20 vito

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Posted 28 November 2017 - 11:13 AM

I think you mean intestate rather than interstate.

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#21 soundguy

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Posted 28 November 2017 - 11:54 AM

I think you mean intestate rather than interstate.

 

Intestate transfer of guns to interstate family?

 

My great uncle passed in a different state years ago... Dad just picked them up with books, photos and other memories after his uncles death. No will. Just relatives. Probably wrong, but it sure was easy.


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#22 kwc

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Posted 28 November 2017 - 12:07 PM

I think you mean intestate rather than interstate.


Yes, that was the question asked and described accurately: interstate transfer via will (aka intestate transfer across state lines) without involving an FFL.

Of course, state laws must also be followed when executing the will.
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#23 Hanagan

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Posted 09 December 2017 - 05:59 PM

I have enjoyed reading this thread, but I have a admit that I am left slightly confused.  Perhaps I could ask a direct question that applies to my case.

 

I presently own 10 handguns, 3 rifles ,and 1 shotgun.  Upon my death, I want all of the firearms to go to my 25 year old grandson.  He also lives in Illinois, has a FOID card, and has gone through the NRA safety classes.  At this time, my desire is not included in my will.  Instead I have placed a letter that details my wishes in a record book that I maintain that has pictures, bills of sale, serial numbers, and operating manuals of all firearms.

 

Assuming that I die before my wife, who knows what I would like done, can she simply have my grandson pick the firearms up ? Or is it necessary to include a sentence or paragraph in my will ?

 

Perhaps I will ask for help on a second option.  If I desire to give my grandson one or more of my firearms before I go to the great reward, how would that be handled ?

 

Sorry if I am slow to understand all of the fine detail above.  It is still not clear to me.

 

With appreciation.

 

Hanagan



#24 soundguy

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Posted 09 December 2017 - 06:43 PM

I have enjoyed reading this thread, but I have a admit that I am left slightly confused.  Perhaps I could ask a direct question that applies to my case.

 

I presently own 10 handguns, 3 rifles ,and 1 shotgun.  Upon my death, I want all of the firearms to go to my 25 year old grandson.  He also lives in Illinois, has a FOID card, and has gone through the NRA safety classes.  At this time, my desire is not included in my will.  Instead I have placed a letter that details my wishes in a record book that I maintain that has pictures, bills of sale, serial numbers, and operating manuals of all firearms.

 

Assuming that I die before my wife, who knows what I would like done, can she simply have my grandson pick the firearms up ? Or is it necessary to include a sentence or paragraph in my will ?

 

Perhaps I will ask for help on a second option.  If I desire to give my grandson one or more of my firearms before I go to the great reward, how would that be handled ?

 

Sorry if I am slow to understand all of the fine detail above.  It is still not clear to me.

 

With appreciation.

 

Hanagan

 

 

If you trust your heirs to honor your wishes (your Will for the disposition of your guns as you have put it in writing in your record book), I would think that would suffice. Adding a note to your official Will couldn't hurt if you have the opportunity.

 

If you wish to gift him some guns before your death, I believe you can do so at any time... As long as he is eligible to have them. I'd guess that the moment you decide to give him an item starts the waiting period.

 

A couple years ago my dying uncle gave me some firearms many months before his death as he pared down his possessions. He left his last one with my mother and she gave it to me after he was gone. She did not know what the package he had left for me contained.

 

Your Grandson lives in Illinois and has his FOID. You should be just fine to give him something whenever the mood strikes.

 

I hope you can enjoy some quality time shooting together as many years pass!


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#25 Hanagan

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Posted 10 December 2017 - 07:32 AM

soundguy,

 

Thank you for your kind and informative response.  I'll proceed as you suggested. 

 

I think your mention of adding my wishes to my will document is a good idea. 

 

All the best.

 

Hanagan



#26 OldMarineVet

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Posted 10 December 2017 - 08:43 AM

I don't see how exceeding the law is a bad thing...do you?

 

 
Original post asked what is required when a firearm is gifted to an immediate family member. I don't see how providing accurate information and the applicable statute is a bad thing...do you?

Dog1. I agree with you and thank you for the reference (repeated below.) So when I die, my kids can just divvy up my firearms without doing anything else. Then it's up to them to get/have FOID cards (they already do)to be legally possess those firearms going forward. Sound correct?

http://www.ilga.gov/...98/098-0508.htm

Edited by OldMarineVet, 10 December 2017 - 08:45 AM.


#27 Blackbeard

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Posted 26 December 2017 - 07:55 PM

 

I think you mean intestate rather than interstate.


Yes, that was the question asked and described accurately: interstate transfer via will (aka intestate transfer across state lines) without involving an FFL.

Of course, state laws must also be followed when executing the will.

 

 

Intestate means the deceased had no will.


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