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Hi All,

Years ago my uncle gave me my first Winchester 30-30 lever action and I absolutely love it. I was talking to him the other day and he told me he has another lever action he wants to give me. Its an old one...I think a Henry rifle...but I don't remember what he said.

If I go to his place out of state for a visit and he gives it to me on his farm.....and I bring it home with me. Is that a legal transfer since he's a relative?

Thanks for the help.
 

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If it is a true 1860's vintage Henry rifle, it is an antique, and much less regulated than modern arms, especially since .44 rimfire is no longer made, and hasn't been for a very long time.

If it is an older (1960's-1970's) replica in a modern cartridge, it is basically a modern rifle. Most states are not restrictive about face to face transfers with long arms, but that may change soon. Better get it done quick. There are some states that are tougher than others, and require even residents to register all firearms brought into their state. New York is definately one of them, and Illinois, California, Massachusetts, and Hawaii may be others. Best to go to a local gun shop and ask in person.
 

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If it is a true 1860's vintage Henry rifle, it is an antique, and much less regulated than modern arms, especially since .44 rimfire is no longer made, and hasn't been for a very long time.

If it is an older (1960's-1970's) replica in a modern cartridge, it is basically a modern rifle. Most states are not restrictive about face to face transfers with long arms, but that may change soon. Better get it done quick. There are some states that are tougher than others, and require even residents to register all firearms brought into their state. New York is definately one of them, and Illinois, California, Massachusetts, and Hawaii may be others. Best to go to a local gun shop and ask in person.
California is not one.
If the rifle is antique most states follow federal guidelines and it is not a gun. Older than 1899. As has all ready been said go online to your state and get the info. Visit the ATF site. I brought a rifle (it would not have matter if it was brand new) back to California from Missouri and did not have to do anything. If it had been an assault rifle it would have been different.
 

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I'm thinking the answer is no, you can't do that. It would have to be transfered to an FFL in your state. If there is any doubt, check with the BATFE. The following is from their site:


(B16) What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction?
When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are "same-State" residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S. C. §§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.

There may be State or local laws or regulations that govern this type of transaction. Contact State Police units or the office of your State Attorney General for information on any such requirements.

Please note that if a private person wants to obtain a firearm from a private person who resides in another State, the firearm will have to be shipped to an FFL in the buyer's State. The FFL will be responsible for record keeping. See also Question B3.

BATFE: http://www.atf.gov/firearms/faq/faq2.htm#B16
 
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