Legal transferring ownership between relatives

[Bulldog-03]

Hiya guys,

A few months back my dad gave me his old Norinco Chicom that has a tendency to go full auto. However, it's still in his name, and he's worried about all the possible legal stuff. Will drawing up a bill of sale showing that it's now my property be legally enough, or is there something else that I need to do?

[Heimdhal]

It depends on your state.  Some states require an FFL transfer, others, like Florida, require practicaly nothing at all.


If you're in a state like Florida, a bill of sale would be sufficient.

[jbanzai]

Does acknowledging that it 'has a tendency to go full auto' and THEN documenting the transfer pose any kind of problem.  My gut instinct says yes. 
Either way, I would get the gun checked out.  It has a major problem somewhere....likely in the trigger group or bolt.

[Heimdhal]

Does acknowledging that it 'has a tendency to go full auto' and THEN documenting the transfer pose any kind of problem.  My gut instinct says yes. 
Either way, I would get the gun checked out.  It has a major problem somewhere....likely in the trigger group or bolt.

Yeah, whoa, I didnt see that part for some reason.

Its likley just a cleaning problem/stuck firing pin.  If he "modified" it to MAKE it have said tendency, then I wouldnt touch it.  However, go through the basic "slam fire" cleaning procedure first and see whats up.

*********IT IS NOT A SAFE GUN IF IT IS CONSISTENTLY SLAM FIRING******

[Bulldog-03]

Both me & my dad live in Louisiana, if that helps any.

The one time that the gun did fire automatic, my dad cleaned it & stuck it in the closet for about 10 years. When I got it a few months ago, I field strip it & cleaned everything good, especially the firing pin. Hopefully this weekend I'll be able to put a few rounds (at a time) thru it & see if it fires correctly or not.

[LESchwartz]

Fix the gun, then write up a bill of sale -- there's no way you will want to acknowledge in writing that you knew the gun slam fired.  If you wanted to use other wording, you could use phrases like "needs repair", "as is" or "malfunctioning".

Larry

[Lafayettegregory]

There is NO gun registration in the United States. The rifle is NOT in his name or on any records that remain in a data base to track the gun to the buyer.
In most states a FTF transfer of a long gun is legal. Check your state regulations. If a Bil of sale will make him fel better than it is a good idea.
BTW- Clean it and get a murrys firing pin- That will eliminate the a possible slam fire problem.
 Also The 4473 was only used fr long guns after 1993" someone correct me if my date is wrong" - in which case there may be no record what so ever if he purchased it proior to 1993.

The ATF can request the form 4473 from a dealer if there is an investigation. But they will have to know which dealer sold the gun, who bought the gun originally. Dealers are required to keep the 4473 for 20 years.  And there is no data base to store this information.

 Edit- Looks like it was not fully operational untill 1998?

[Bulldog-03]

Thanks for the input guys. I keep trying to tell my dad all of this but he's still wary. A murrey FP is on the list, along with a new trigger group (eventually).

[lonewolf]

There is NO gun registration in the United States. The rifle is NOT in his name or on any records that remain in a data base to track the gun to the buyer.
In most states a FTF transfer of a long gun is legal. Check your state regulations. If a Bil of sale will make him fel better than it is a good idea.
BTW- Clean it and get a murrys firing pin- That will eliminate the a possible slam fire problem.
 Also The 4473 was only used fr long guns after 1993" someone correct me if my date is wrong" - in which case there may be no record what so ever if he purchased it proior to 1993.

The ATF can request the form 4473 from a dealer if there is an investigation. But they will have to know which dealer sold the gun, who bought the gun originally. Dealers are required to keep the 4473 for 20 years.  And there is no data base to store this information.

 Edit- Looks like it was not fully operational untill 1998?

You obvously have not watched RED DAWN, mentions 4473 form, movie made in 1984!!

Dealers are required to send in their books once they go out of business..

ATF was caught during the Clinton administration keeping the books even though they were supposed to be destroyed..Their excuse was they was moving all the info to Electronic files and it was going too slow cause them not having enough personnel...

IE REGISTRATION...

[ranger1968]

 The Form 4473 was a  result of the Gun Control Act of 1968, and was in full use by the early 1970s.....

[Lafayettegregory]

http://www.fbi.gov/about-us/cjis/nics

Mandated by the Brady Handgun Violence Prevention Act of 1993 and launched by the FBI on November 30, 1998, NICS is used by Federal Firearms Licensees (FFLs) to instantly determine whether a prospective buyer is eligible to buy firearms or explosives

Pistols I am not so sure about? But I bought many longguns/shotguns in the 90's with no paperwork from dealers and pawn shops.

[ranger1968]

 LG, they were playing fast and loose with their licenses, then ; NICS has only been around for a short time, but the 4473 has been mandatory for almost 40 years.....

[Lafayettegregory]

LG, they were playing fast and loose with their licenses, then ; NICS has only been around for a short time, but the 4473 has been mandatory for almost 40 years.....

Maybe so 

[Bulldog-03]

Okay, what about the paperwork that's filed with the ATF? Is there a way to get the gun in my name with them?

[Lafayettegregory]

Okay, what about the paperwork that's filed with the ATF? Is there a way to get the gun in my name with them?

The ATF holds NO paperwork, no paperwork is filed with the ATF in association with the gun. It is simply a telephone call, from the FFL to the NICS divsion. TheNICS division does an instant background check to verify the buyer is eligable to own a firearm.  The paperwork is kept by the FFL. There is no data base.