I live in Nevada and my friend has his birthday coming up and I want to give one of my guns to him as a gift. He’s been living here for 10 years but he has a California ID which is valid. Would the FFL still be able to do the background check and do the transfer even though his ID isn’t a Nevada ID
I am not an attorney and this is not legal advice.
If his ID shows his legal residency is in California and not Nevada he would probably need to have the firearm transferred to an FFL in California and that would be if the firearm is legal to own there.
I also live in Nevada and have done transfers(at Cal-Ranch they do them for free between NV residents) but with California involved in any manner there has to be a hitch.
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This I think is the minimum requirement.
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If he is a Nevada resident, he needs to get a Nevada ID, if he is a CA resident - nonresident Nevada, the only firearms he could get in Nevada are rifles and shotguns. Federal law requires one receive/obtain handguns in one’s resident state.
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Does Nevada require private treaty sales including gifts go through an FFL or require state registration? If he resides in Nevada, he’s a resident. Why not get a state DL/ID? Does he still claim residency in CA? Sounds a bit fishy. If private treaty sales/gifts are allowed in Nevada, why would you require an ID of someone with whom you are acquainted? Sounds like there’s more to this story.
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As soon as our latest governor came in he made it mandatory that all private party sales/transfers go through a FFL.
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Transferring a firearm requires ID at an FFL bruh
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I asked about state law, because here in the lone star state I can gift a handgun to another state resident with no government interference, ergo no need to go through an FFL in the first place. What ATF refers to as a private treaty sale.
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Did something similar between a friend of mine and I. I called my favorite FFL and was told I did NOT need to go through them as long a I “registered” it with the state. When I got back to MI went to the sheriff and they didn’t want anything except a state form (MI RI-60) to record the transfer. They didn’t want to see a receipt, IDs, or even verify the Ser #… (OBTW we are both CPL holders in our respective states)
That is just for handguns as I understand it.
In NV if you both have your CCW you still have to go through an FFL. The 4473 is still filled out by the transferee.
I am also not a lawyer and this is also not legal advice.
But from a CYA perspective as the transferer (person giving the firearm), I would very seriously consider this…IF the person is an ID resident, why and how do they have a valid CA license and not a valid current ID license?
I personally would not transfer a firearm to someone who only has an out of state license/ID unless going through an FFL
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If I have to go down to commie-fornia then I’m just going to give them a $50 UberEATS card for his birthday
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he’s been living in Nevada 10 years, get a Nevada ID. Problem solved.
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