Purchasing Hand Gun

[ventura.usmc]

I am in the military and stationed in South Carolina. I am going to get my Concealed Weapons Permit through South Carolina under the "resident" since I'm in the military under PCS orders. My father in Michigan has a hand gun registered under his name and I want to buy it from him. Since I would have my CWP can I go up there and get the hand gun and bring it back to South Carolina? South Carolina has no registration requirements for hand guns, but how would I go about getting that hand gun out of my fathers name in Michigan? Also, is it legal for me to get the hand gun in michigan and drive it back to south carolina? All the states from SC to MI recognize SC CWP so that shouldn't be an issue. Please let me know. Thanks.

 

[sdprof]

I think a few more pieces of information are needed.

Are you still legally a MI resident? If so, the transfer in MI should be legit.

But then, how do MI registration requirements affect you at that moment? I don't know. Here in SD we don't have any such foolishness.

 

[NavyLCDR]

I think a few more pieces of information are needed.

Are you still legally a MI resident? If so, the transfer in MI should be legit.

But then, how do MI registration requirements affect you at that moment? I don't know. Here in SD we don't have any such foolishness.

He is no longer a resident of MI, unless he spends part of the year actually, really LIVING their, rather than visiting family. He is a resident of South Carolina, where is permanent orders are to. This is in Federal regulations, 27 CFR 478.11:

eCFR — Code of Federal Regulations

State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located, as stated in 18 U.S.C. 921(b).

Nowhere in that definition does it mention what his home of record state is, where his driver's license is from, where he is registered to vote, or even if he owns property there as that is all irrelevant.

So, the father will have to ship or deliver the handgun to a South Carolina FFL for transfer to him. The OP can show his active duty military ID card and a copy of his orders to South Caroline for proof of identity and residence. If the father gives the handgun to him without going through a SC FFL, Federal law 18 USC 922 (a)(3) and (a)(5) will be violated and both the father and the son will commit Federal felonies.

Having a CWP has absolutely nothing to do with the interstate transfer of firearms ownership.

 

[Rocketgeezer]

You are in the military in SC you have or will have a legal CCW permit, SC has no gun registration, your dad gives you a firearm, you take it with you to your present home where it is legal to have it.............no offence to those who like to look up state rules and regs, but in this case I don't see a problem.............

 

[NavyLCDR]

You are in the military in SC you have or will have a legal CCW permit, SC has no gun registration, your dad gives you a firearm, you take it with you to your present home where it is legal to have it.............no offence to those who like to look up state rules and regs, but in this case I don't see a problem.............

No offense taken. Some people prefer to obey laws, others could not care less if they commit Federal Felonies and cause their family members to do so as well.

 

[sdprof]

NavyLCDR - thanks for that.

Funny how one law will define your residence one way, while most everything nay define it differently.

 

[Rocketgeezer]

No offense taken. Some people prefer to obey laws, others could not care less if they commit Federal Felonies and cause their family members to do so as well.

I'm not so sure, but since your such a authority on the law, look up and see when was the last time a father was prosicuted for giveing a gun to son who is a active member of the military? and if it makes you feel better you may be right going by the letter of the law, but people like you is part of the reason there are so many BS gun laws on the books right now, and don't be so self rightous, there is no way in hell somebody at your age and backround has went though life this long and not broken any laws (some people prefer to obey laws)..... to me you sound like a Old Troll

 

[no sheep]

^----Its only illegal if you get cought.

 

[Warbirds]

^----Its only illegal if you get cought.

We don't need advice like this here.

Sent from my SPH-L710 using Tapatalk 2

 

[no sheep]

We don't need advice like this here.

Sent from my SPH-L710 using Tapatalk 2

It was not advice. But thanks for your concern.

 

[NavyLCDR]

I'm not so sure, but since your such a authority on the law, look up and see when was the last time a father was prosicuted for giveing a gun to son who is a active member of the military? and if it makes you feel better you may be right going by the letter of the law, but people like you is part of the reason there are so many BS gun laws on the books right now, and don't be so self rightous, there is no way in hell somebody at your age and backround has went though life this long and not broken any laws (some people prefer to obey laws)..... to me you sound like a Old Troll

Ahhh....people who obey laws are the reason there are so many BS gun laws on the books now? That's just funny, right there. Let me ask you this....dad gives son a handgun in violation of Federal law, all hush hush, nobody but the two parties involved know that two felonies have been committed. Exactly what progress towards repealing the stupid law has been made? Two people get the self-satisfaction of being able to say, "By God, those stupid laws are not going to keep me from doing what I want and ought to be able to do!" And that's it. Not exactly an earth moving rebellion there.....but, by God, we sure got one over on them revenuers, didn't we!

But, then again, most of the big court rulings that have strengthened our rights have come from criminals trying to beat their convictions.....

 

[Rocketgeezer]

Ahhh....people who obey laws are the reason there are so many BS gun laws on the books now? That's just funny, right there. Let me ask you this....dad gives son a handgun in violation of Federal law, all hush hush, nobody but the two parties involved know that two felonies have been committed. Exactly what progress towards repealing the stupid law has been made? Two people get the self-satisfaction of being able to say, "By God, those stupid laws are not going to keep me from doing what I want and ought to be able to do!" And that's it. Not exactly an earth moving rebellion there.....but, by God, we sure got one over on them revenuers, didn't we!

But, then again, most of the big court rulings that have strengthened our rights have come from criminals trying to beat their convictions.....

all I said was I'm not so sure that perticual deal would be illegal, nether party, father or son is buying the weapon, the father who is legal to have the gun gave the gun to his son, who is also legal to own the gun, I still dont see a eather moving issue here.........ok since you seem to be such a legal authority, what would happen if dad died and the son inherited his gun and took it to NC, ........one other thing that I'm pretty sure of, at least if your really like you spout off to be, which is I bet when Big Brother came to your door to confiscate you weapons, you would not only give them without a fight, you would most likely help load them,....and would walk 1/4 mile back to your car to put your gun up if the store you were going in had a "no guns sign"

 

[NavyLCDR]

all I said was I'm not so sure that perticual deal would be illegal, nether party, father or son is buying the weapon, the father who is legal to have the gun gave the gun to his son, who is also legal to own the gun, I still dont see a eather moving issue here.........ok since you seem to be such a legal authority, what would happen if dad died and the son inherited his gun and took it to NC,

If father gave the out-of-state resident the handgun as a gift, he would violate 18 USC 922 (a)(5):
18 USC § 922 - Unlawful acts | LII / Legal Information Institute

(a) It shall be unlawful—
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides;

When the son took that handgun back to South Carolina, he would violate 18 USC 922(a)(3):

(a) It shall be unlawful—
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State,

If the dad were to die, and the son were to inherit the firearm, than it would be perfectly legal for the son to go get the firearm and take it back to South Carolina, no FFL required, because that is a specific exception contained in both laws:

except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence,

and

except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,

........one other thing that I'm pretty sure of, at least if your really like you spout off to be, which is I bet when Big Brother came to your door to confiscate you weapons, you would not only give them without a fight, you would most likely help load them,

Wrong. Because I took an oath to support and defend the Constitution of the United States against ALL enemies, both foreign AND DOMESTIC. Our Declaration of Independence talks about when we have a duty to take action to overthrow the government, and when to attempt to affect things through peaceful, and lawful means.

....and would walk 1/4 mile back to your car to put your gun up if the store you were going in had a "no guns sign"

Unless the sign has the weight of law behind it, and in Washington they don't..... no.

 

[Warbirds]

It was not advice. But thanks for your concern.

You are right.... it's crap.... pure crap.

I'm sure you will serve his time when he gets caught........


Sent from my SPH-L710 using Tapatalk 2

 

[Rocketgeezer]

If father gave the out-of-state resident the handgun as a gift, he would violate 18 USC 922 (a)(5):
18 USC § 922 - Unlawful acts | LII / Legal Information Institute



When the son took that handgun back to South Carolina, he would violate 18 USC 922(a)(3):



If the dad were to die, and the son were to inherit the firearm, than it would be perfectly legal for the son to go get the firearm and take it back to South Carolina, no FFL required, because that is a specific exception contained in both laws:





Wrong. Because I took an oath to support and defend the Constitution of the United States against ALL enemies, both foreign AND DOMESTIC. Our Declaration of Independence talks about when we have a duty to take action to overthrow the government, and when to attempt to affect things through peaceful, and lawful means.



Unless the sign has the weight of law behind it, and in Washington they don't..... no.

If it makes you feel better fine, your right and I'm wrong, but I still dont give a crap, also I still stand by what I said, for somebody to know that much about laws and regs, your ether a lawyer, which makes you questionable, or had done something bad, so you would know what happens,

 

[NavyLCDR]

If it makes you feel better fine, your right and I'm wrong, but I still dont give a crap, also I still stand by what I said, for somebody to know that much about laws and regs, your ether a lawyer, which makes you questionable, or had done something bad, so you would know what happens,

Or maybe I am just a person who will take the time to research factual answers to people's questions so they can make properly informed decisions. No, that couldn't be it....

There's this website called Google. It's amazing what you can easily find by using it.

 

[Rocketgeezer]

Or maybe I am just a person who will take the time to research factual answers to people's questions so they can make properly informed decisions. No, that couldn't be it....

There's this website called Google. It's amazing what you can easily find by using it.

Maybe you are, but I still have to go with Old Troll ................with a lot of time on your hands

 

[lilmule]

Odds are you have an active military ffl on base,stick within the law transfer it thru an ffl.
Agree mi laws are bit strict,but its their law.
My ffl I transfer to from etc is active fort cambell ky.So willing to bet you have one as well if not more than one.

 

[XD40FAN]

Contact an ffl in michigan. Contact an ffl in south carolina. Tell them your story and find out what's legal or not. And make sure to follow the law on the base if you were to take it on or off the base. My father downsized his armory a few years back from an ffl through Illinois to my ffl in Florida no issues.