Do you have the question can I gift a gun for the holidays? Watch Independent Program Attorney Robert Robles teach what you need to know before you buy.
Robert: Hello this is Robert Robles. Attorney for U.S. LawShield in the state of Oklahoma, and I would like to talk to you about giving or gifting a gun to somebody in the state of Oklahoma.
It is perfectly legal in the state of Oklahoma for the owner, yourself, to give the gun to somebody as long as they are in a condition where they are allowed to have a gun. What do I mean by that? I mean they cannot be a convicted felon. The cannot be a minor. They cannot be a lunatic or a person of unsound mind. They cannot be intoxicated. You have to be a wise as to who you give the gun to.
In Oklahoma, there are no gun registration laws that need to be followed. However, we do have federal requirements called the ATF Form 4473, which is a gun transfer document. It has to be signed and executed and conducted by a federal firearm licensee. That would be a gun dealer, who would conduct the transfer and inquire about the suitability of the person you want to give the gun to. You only have to do this if the person you intend to give the gun to is a resident from out of state.
The important thing is is the federal government does not want you to conduct a straw man purchase. You are a straw man purchaser if you are not the actual purchaser of the firearm. However, this term excludes legitimate gifts. For example, if your brother gives you money to go to the gun store and buy for him that is a straw man purchase. If you are buying a gun for your brother and its Christmas time and you want to give him a legitimate gift that is legal and not a straw man purchase.
There are only two ways I would gift a gun. One is as described in the video, but only to someone whom I trust enough to risk my life or future by defending them in a deadly force incident. That list of folks is very short. I would never have them unwrap an actual gun at a Christmas gathering, there’s too great a chance of it being stolen or someone getting hurt.
Two is simply to buy them a gift card to one of their favorite sporting goods places, and put enough money on the card to pay for the gun. That way they still complete their own background check (if I did it for them I might mark some answers wrong) and everything is OK. As a gun owner, I can *certainly* tell you that if any of you would like to gift me a gun in this manner, I will not be offended!
Can my mother buy me a pistol as an 18th birthday gift ?
This is a great question. If you’re a member, please call our non-emergency line to get an answer from an independent program attorney at 877-448-6839.