# Legal issues of giving a 1911 as a gift?



## futuredeadguy (Oct 4, 2006)

Hello All:

I'm a newbie, and a handgun owner/lover with a question. I know very little about 1911s

My big brother is turning 50 soon. I want to buy him a 1911 for his birthday. I have a clean record and so does he. 

What do I need to do from a legal standpoint? I don't want to violate any gun laws, mainly due to liability issues.

Also, I've seen all the ads for the various 1911s out there. If anyone has any recommendations for what are the best models for the money, I'm all ears. I'm not a millionaire, but I want to get him something good.

I'm partial to standard USMC issue models for this gift, as our dad was a drill sergeant and we're finally starting to appreciate the fact that his extreme discipline was most of the reason we have both been pretty successful in life.

Thanks for any help!

Jim in Nashville


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## scooter (May 9, 2006)

The safest and most legal way would be to take him to the gunshop on his b/day and he does the paperwork ,you pay the bill.(no straw purchase that way),If asked whats up tell the gunshop owner the truth Everybody's fanny is covered:mrgreen: :mrgreen:


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## jpruett79 (Sep 23, 2006)

scooter is right you can not leagally buy a gun for someone. But you can buy one for yourself and if you dont like it you can sell it or give it away if he lives in the same state as you.

You could take him with you and let him pick what he wants and let him do the paperwork. Or you can go and pic one out and explain to the dealer what you are doing pay the deposit on the gun so he will hold it for you. Then just bring your brother to the store to do the paperwork and pick it up.


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## tony pasley (May 6, 2006)

Either take him or buy a Gift Certificate from his favorite gun shop. It is simple legal and safe for both of you. Need a another brother to buy a gun for?


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## Baldy (Jun 21, 2006)

I see your in Tenn. Man I love east Tenn. Just remember to be on the lookout for Al Gore. I am sure he would throw a monkey wrench in it.
Scooters got it right. Then you have no problem.


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## futuredeadguy (Oct 4, 2006)

*Thanks*

Thanks for all the quick replies, guys.

Baldy - I actually work in the same building where Al Gore's office is. Never have seen him there, though.

I think the gift certificate idea sounds good - brother lives out of state in Wilmington, NC. I could get the shop owner to call him up and tell him to come over and pick up his new pistol. Sure he would have no problem with that.

We grew up shooting together. I know he'd freak! And to my knowledge, he doesn't currently own any firearms.

Tony, sorry - one brother is all I can afford on this one. Can't blame you for asking, though.

Jim


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## tony pasley (May 6, 2006)

never know if you don't ask. if you get to Western North Carolina give a shout we shoot a few rounds my range is my front yard


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## Shipwreck (Jan 26, 2006)

If he is a resident of another state, he cannot buy a handgun in your state. U need to pay for it in his state at a store near him. 

Or

U buy a gun for YOURSELF. Then, U could sell it or later give it to him, but you would have to send it to an FFL in his state.


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## scooter (May 9, 2006)

Shipwreck said:


> If he is a resident of another state, he cannot buy a handgun in your state. U need to pay for it in his state at a store near him.
> 
> Or
> 
> U buy a gun for YOURSELF. Then, U could sell it or later give it to him, but you would have to send it to an FFL in his state.


1 Other option,
Buy the gun at your local FFL have him ship it to your bro's. local FFL and they do the paperwork to make it legal.You will have to pay both FFL's their fee for this but its usually 25-30$ at each end.


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## Shipwreck (Jan 26, 2006)

Thats exactly what I said in my #2


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## scooter (May 9, 2006)

Shipwreck said:


> Thats exactly what I said in my #2


 
*WHAT??*........you think I actually read the other posts here:mrgreen: :mrgreen:


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## DennyCrane (May 11, 2006)

scooter said:


> *WHAT??*........you think I actually read the other posts here:mrgreen: :mrgreen:


That ruins the whole Internet experience, doesn't it.  :mrgreen: :mrgreen:


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## tony pasley (May 6, 2006)

are you wanting to confuse people with fact Denny


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## scooter (May 9, 2006)

tony pasley said:


> are you wanting to confuse people with fact Denny


YEAH ,what he said Denny................................uh , what did he say anyway?:smt017 :smt104


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## Herr Trigger (Oct 16, 2006)

I guess it's how you interpret the law. I don't believe that the ATF specifies how long you must keep a recently purchased firearm before disposing of same via legal sale or gift. I have given my brother several firearms that I got tired of playing with and never thought that I was breaking any laws. I would think that if you provided a firearm to someone who is prohibited from legaly owning the same that could be construed as a criminal act.


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## tony pasley (May 6, 2006)

transfer of a handgun in N.C. your are required a purchase permit.


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## Revolver (Aug 26, 2006)

How could your father be a Drill Sergeant when he was only a marine? Wouldn't that be a "Drill Instructor" or such similar title?

I'd make sure your brother goes through the bullshit to receive the pistol, then send it to his closest FFL. It's like tony says, it's those ridiculous NC laws that present the hurdle, not the ATF. However if you were selling a large quantity of arms, the ATF will want to get involved since there's money to be made.


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