Rules of Firearms Gift Transfers — How to Stay Out of Trouble
Image Courtesy NSSF
Mother’s Day is Sunday, May 12th, and Father’s Day is just a month away. Perhaps you’re thinking about giving your parent(s) a firearm for sporting use or self-protection. While gifting a gun is allowed in most jurisdictions, there are important state and Federal laws with which you must comply. And while Federal laws cover the whole country, the rules on firearms gift transfers vary significantly from state to state.
Bottom line here — you need to know the law BEFORE you deliver that shiny new firearm to a family member, close friend, or relative.
Image Courtesy NSSF. This story is based on an NSSF Article.
The first thing to remember if you’re thinking about giving someone a gun is that … it’s a gun! You already know that ownership of a firearm brings with it some serious legal and ethical obligations that other consumer products don’t. So let’s look at some questions you may have about giving a firearm as a gift.
The first question you have to ask is whether the intended recipient can legally own the firearm where he or she lives. With more than 20,000 different gun laws on the books, even the kinds of firearms that law-abiding citizens can own vary from place to place. For example, juveniles (under age 18) generally speaking are precluded by law from possessing a handgun. Check out the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) website for an overview of local laws and, whatever you do, don’t forget that you can never under any circumstances transfer a firearm to someone you know — or have reasonable cause to believe — legally can’t own one. That’s a federal felony, so be careful.
There’s no federal law that prohibits a gift of a firearm to a relative or friend who lives in your home state. Abramski v. United States, a recent Supreme Court decision involving a “straw purchase” of a firearm did not change the law regarding firearms as gifts. The following states (California, Colorado, Connecticut, Delaware, New York, Oregon, Rhode Island, Washington State) and the District of Columbia require you to transfer a firearm through a local firearms retailer so an instant background check will be performed to make sure the recipient is not legally prohibited from owning the gun. Maryland and Pennsylvania require a background check for private party transfer of a handgun. There are exceptions, so it’s important to check the law of your state or ask your local firearms retailer.
Consider a Gift Card Instead of Direct Gift
The ATF recommends that if you want to give someone a new firearm, rather than going to a gun store and buying the gun on your own, consider instead purchasing a gift certificate/card from your favorite gun retailer. Then give that gift card as the present. That way the recipient can choose the exact gun he or she wants, and there’s no question about who is “the actual buyer of the firearm,” which is a question any purchaser must certify on the Federal Form 4473 at the time of purchase. The Gift Card option avoids any “straw purchaser” issues.
