Do you have the question, can I gift a gun for the holidays? Watch Independent Program Attorney Ed Riley teach what you need to know before you buy.
Ed: Happy Holidays from U.S. LawShield of Virginia. Hi, it’s Ed Riley U.S. LawShield Independent Program Attorney from Virginia. As you may imagine, at this time a year we get a very common question, which is can I give a firearm to friends or family?
The answer is yes. You can give a firearm to another person that is a resident of Virginia. As long as they are legally able to own and possess a firearm.
Now if it is your intent to give a firearm this holiday season, or any other point during the year, we have three key points for you to remember.
Key point number one. It is very important that you are sure the person you are giving that firearm to can legally possess the firearm. It is a felony if they cannot, and you have knowingly given them the firearm.
Number two, there is no background check required in Virginia if you are going to give that firearm.
And number three, and this is more of a recommendation. If you don’t already possess the firearm you want to give and you want to give a firearm as a gift it is recommended you buy a gift card at a firearm store to allow the person to buy the gun they want to buy, so they can buy the gun they want to buy and can go through the background check and information required. So you don’t have to go through those things. And it can be an easier process for everyone involved.
So, given the change in the gun laws in Virginia in 2020, is your answer still valid? What if the person who wishes to gift the gun is not a resident of Virginia but wishes to gift a gun that is being kept in Virginia to a Virginia resident? Does a background check have to be obtained on the giftee? Does the one gun per month rule apply to gifted guns (person has several guns he wishes to gift)?
Asking a similar question to Stephen’s, regarding the new law with the one-gun-per-30 days. If I myself have purchased a firearm from a dealer but then a couple of weeks later want to buy a firearm for a friend, does the 30 day law affect me or them? In the case where they have purchased a firearm within the last 30 days I understand the law would not allow for the purchase. But if they have not purchased a firearm in the last 30 days, would I still be able to purchase it as a gift to them (using their information on the registration).
Yes you have to wait 30 days or you will be denied. Only way around it is if you have a Concealed permit. My brother has a concealed permit and he didn’t provide it when he was buying a 2nd firearm within the 30 days and he got denied. So he had to refill new paperwork and provide his concealed permit to the arms dealer. Even though the state police can see if you have one you still have to provide the permit to the dealer.
I want to leave my 3 guns to a friend when I die. One is a 28″ 12 GA., and the other 2 are pistols.
I want to hold onto them until I can’t physically use them but, if I die suddenly, I want to make this easy for my friend.
If I am separated from my spouse and they are in possession of MY firearm that is registered to me and refuse to surrender the firearm but yet choose to gift it to a third party without my knowledge, is that legal??
No, that’s not legal. Call the police and let them know you tried asking your ex-partner to return your registered firearm and they refused. If your ex-partner turns around and sells the firearm to anyone for any purpose that is a crime in and of itself.
I want to buy my 18 year old cousin a handgun for his birthday is there a legal way to do that?
My dad is dividing his guns between me and my sister. She lives in Virginia. Does she need to get a Virginia gun permit first? Can she get all of the guns at one time? There are 2 or 3 hand guns, a shot gun and a rifle.
Back blue. Amiright?
My boyfriend purchased a gun in his name but it was a gift for my birthday. How do we transfer the gun so that it’s in my name?
Online customer buys 4 shotguns. One for himself and three for a friend who wanted him to get the deal for him because he couldn’t get it. ATF says that the name on the receipt does not matter. Anyone can pick up those weapons. ATF agent in NOVA essentially has told shops that you can buy 10 guns from Palmetto, and have ten different people pick them up. That Transferee/buyer only means person in front of you NOT who paid for it, ordered it and had delivered for.
Please help me make sense of this. It will open the flood gates for unknowns not listed just coming and grabbing guns we have no idea about because “buyer” doesn’t even have to be from the same state??
My boyfriend bought me a firearm in Virginia for Christmas last year. We’re going through a break up and I’m moving to Texas. I have my concealed carry license and have been through firearms classes. How can I change the ownership name on my firearm? Please advise. Thank you.
Jackie, this is a great question for a U.S. LawShield program attorney. Are you a U.S. LawShield Member? Our members have access to a non-emergency line where they can ask their local program attorneys these types of questions. Please call 1-877-448-6839 and speak to a program attorney in Texas about your concerns.
I had my rights restored in Virginia but am not allowed to purchase a firearm can I be gifted a gun from a family member with out being charged for having a gun
Todd, this is a great question for an independent program attorney. If you’re a member, please call our non-emergency line at 877-448-6839 to get assistance with your question.
I am creating a trust and I would like to leave my rater large gun collection to my children and older grand children over 18 do the recipients need to have back ground checks???? and do the weapons have to be re-registered. I am at a loss as where to begin. all are virginia residents
Sonny, if you’re a member, please contact our non-emergency line at 877-448-6839 for an answer to this question.
you did not answer Steves question 12/16/20. same for me ,to my daughter, i live in pa.
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.