Transfer of Ownership

[XDM45]

Not now, but soon should I go south in my health and not beat this bastard of Cancer, I want to give my guns, ammo, tools, etc, away to my best friend; what's the best legal way to do that?

I realize we could pay the FFL fee which would relieve me of any risk if they were stolen and used in a crime within a year; what about a private transfer? I take it that it'd be just like a sale, he'd have to have a PTC or PTP, etc, correct? I have a template form for a Bill of Sale, which I'd need to fill out for each firearm and he'd have to renew his PTP and then I'd believe we'd be good to go, correct? That's my plan right now unless someone here knows of a better way for me to do it.

The idea is for me to give them to him before I pass on.

[onebohemian]

Assuming you are going to transfer prior to death, and you trust your friend and know he isn't a prohibited person, you could simply transfer any of your personal property to him without needing an FFL or any other transfer documentation. If you believe you have someone in your life who may challenge the transfers post-death, give your friend a signed bill of sale so he has this receipt to prove his ownership prior to your death. If you don't want to transfer until after death, I think you'll need a Will that sets forth your intent. I believe you are married, so your personal property would become the property of your wife upon your death. Without a Will stating who is to get various assets, your wife could refuse to transfer your guns to your friend. With a Will, your intentions for where your various proprety should go should be honored by the personal representative you delegate in your Will.

You remain in all of our thoughts, sir.

[xd ED]

Not now, but soon should I go south in my health and not beat this bastard of Cancer, I want to give my guns, ammo, tools, etc, away to my best friend; what's the best legal way to do that?

I realize we could pay the FFL fee which would relieve me of any risk if they were stolen and used in a crime within a year; what about a private transfer? I take it that it'd be just like a sale, he'd have to have a PTC or PTP, etc, correct? I have a template form for a Bill of Sale, which I'd need to fill out for each firearm and he'd have to renew his PTP and then I'd believe we'd be good to go, correct? That's my plan right now unless someone here knows of a better way for me to do it.

The idea is for me to give them to him before I pass on.

Assuming he is of age and without criminal background
You can simply hand them to him.

No permits or paperwork required.

[XDM45]

Thanks guys.

Yes, I am married and my wife wouldn't block him from getting the guns. In fact, I've made arrangements with him to come out to the house and maintain it after I'm gone, so she'll see him quite a bit. I will probably do a bill of sale just for documentation for my wife, should anything ever come into question with the authorities. He's not a prohibited person at all and he already owns a few guns of his own... one of which is a Glock 40 caliber, but I'm still friends with him (GRIN)

[LarryP]

You're in my prayers. May your health improve and none of this will be needed.

[Eric Marleau]

My Wife beat breast cancer last year Sir. Her never give up attitude, Prayers, and good Doctors did the trick.

Don't worry about giving your guns away. Plan on living a long and cancer free life.

Prayers heading your way.

God Bless,

Eric

[XDM45]

Thanks Eric & Larry,

I don't plan on giving them away, but just in case, it's a good idea to have a contingency plan. I certainly not shooting like I used to since I have these tumors on my liver and I don't want my liver to work any harder than it has to, which it'd need to do to filter out any lead exposure. I'm taking extra Milk Thisle (good for cleaning out the liver), lemon water (also good for that) and some other things as well.

[XDM45]

Isn't there something in MN Law that states that if you transfer a gun to someone as a private party and that gun is used in an illegal activity within a year's time, that you can be held liable (civil and criminal)?

Also, what if the gun was stolen from the person you gave it to?

Per my original post, I haven't given him the gun yet, but I want to cover my butt. I suppose the best way is through an FFL for that, but I'd like to do this as a private party.

Thoughts?

[george]

Jest do the bill of sale. All he needs is the P2P or P2C and the second liability is also waived. No need
for a FFL unless it makes you feel more secure.

http://www.mnguntalk.com/viewtopic.php?f=35&t=11498

[mrp]

Isn't there something in MN Law that states that if you transfer a gun to someone as a private party and that gun is used in an illegal activity within a year's time, that you can be held liable (civil and criminal)?

Also, what if the gun was stolen from the person you gave it to?

Per my original post, I haven't given him the gun yet, but I want to cover my butt. I suppose the best way is through an FFL for that, but I'd like to do this as a private party.

Thoughts?

Have him get a transferee permit from the local police chief/sheriff (sometimes referred to as a "permit to purchase") and make a copy for your records.

https://www.revisor.mn.gov/statutes/?id=609.66

Subd. 1f.Gross misdemeanor; transferring firearm without background check.

A person, other than a federally licensed firearms dealer, who transfers a pistol or semiautomatic military-style assault weapon to another without complying with the transfer requirements of section 624.7132, is guilty of a gross misdemeanor if the transferee possesses or uses the weapon within one year after the transfer in furtherance of a felony crime of violence, and if:

(1) the transferee was prohibited from possessing the weapon under section 624.713 at the time of the transfer; or

(2) it was reasonably foreseeable at the time of the transfer that the transferee was likely to use or possess the weapon in furtherance of a felony crime of violence.

https://www.revisor.mn.gov/statutes/?id ... t.624.7132

Subd. 8.Report not required.
If the proposed transferee presents a valid transferee permit issued under section 624.7131 or a valid permit to carry issued under section 624.714, the transferor need not file a transfer report.

[XDM45]

Isn't there something in MN Law that states that if you transfer a gun to someone as a private party and that gun is used in an illegal activity within a year's time, that you can be held liable (civil and criminal)?

Also, what if the gun was stolen from the person you gave it to?

Per my original post, I haven't given him the gun yet, but I want to cover my butt. I suppose the best way is through an FFL for that, but I'd like to do this as a private party.

Thoughts?

Have him get a transferee permit from the local police chief/sheriff (sometimes referred to as a "permit to purchase") and make a copy for your records.

https://www.revisor.mn.gov/statutes/?id=609.66

Subd. 1f.Gross misdemeanor; transferring firearm without background check.

A person, other than a federally licensed firearms dealer, who transfers a pistol or semiautomatic military-style assault weapon to another without complying with the transfer requirements of section 624.7132, is guilty of a gross misdemeanor if the transferee possesses or uses the weapon within one year after the transfer in furtherance of a felony crime of violence, and if:

(1) the transferee was prohibited from possessing the weapon under section 624.713 at the time of the transfer; or

(2) it was reasonably foreseeable at the time of the transfer that the transferee was likely to use or possess the weapon in furtherance of a felony crime of violence.

https://www.revisor.mn.gov/statutes/?id ... t.624.7132

Subd. 8.Report not required.
If the proposed transferee presents a valid transferee permit issued under section 624.7131 or a valid permit to carry issued under section 624.714, the transferor need not file a transfer report.

That'll work. Bill of sale and photocopy of his PTP. Thanks.

[Tranger161]

or to ease your mind goto L.E. Gun Sales in Burnsville, its a $10.00 transfer fee or $5.00 if military or law enforcement--super fast.

http://www.LEGUNSALES.com

[XDM45]

or to ease your mind goto L.E. Gun Sales in Burnsville, its a $10.00 transfer fee or $5.00 if military or law enforcement--super fast.

http://www.LEGUNSALES.com

Bookmarked that. I may go that route. Thanks for the tip.

[grousemaster]

or to ease your mind goto L.E. Gun Sales in Burnsville, its a $10.00 transfer fee or $5.00 if military or law enforcement--super fast.

http://www.LEGUNSALES.com

Bookmarked that. I may go that route. Thanks for the tip.

If your buddy happens to be out my way I'll do the transfer of ownership for free, and take you shooting to (if schedule permits)

[XDM45]

or to ease your mind goto L.E. Gun Sales in Burnsville, its a $10.00 transfer fee or $5.00 if military or law enforcement--super fast.

http://www.LEGUNSALES.com

Bookmarked that. I may go that route. Thanks for the tip.

If your buddy happens to be out my way I'll do the transfer of ownership for free, and take you shooting to (if schedule permits)

He lives in Farmington, I in Shakopee, where are you? ...and thank you for the very kind offer?