The following is a video transcript.
Firearms can make great gifts. However, before you buy a gun as a gift, there are a few legal matters to consider.
#1: MAKE SURE THE RECIPIENT IS ELIGIBLE TO POSSESS THE GUN
First and foremost, make sure the recipient is eligible to possess the gun. Some individuals, such as convicted felons, those convicted of misdemeanor crimes of domestic abuse, or those subject to certain protective orders are prohibited from possessing firearms under federal law.
#2: MAKE SURE YOU AND THE PERSON RECEIVING THE GUN ARE RESIDENTS OF THE SAME STATE
Second, make sure you and the person receiving the gun are residents of the same state. Generally, a private, unlicensed individual may transfer a gun to another private, unlicensed individual who is eligible to possess firearms, if both of you live in the same state. However, there may be additional legal hoops—which brings us to our next point.
#3: FOLLOW YOUR STATE’S LAWS ON PRIVATE TRANSACTIONS
Third, follow your state’s laws regarding private transactions. Some states may have specific requirements. For example, Colorado requires a background check processed by a licensed firearm dealer before gifting a gun, unless the gift is to a member of your immediate family. Connecticut and California have even stricter laws, requiring background checks for all private transactions—including gifts—regardless of who is receiving the gift.
#4: NO STRAW MAN PURCHASES
Last but not least, no “straw man” purchases, which is buying a firearm when you’re not the actual buyer or transferee. One example of a straw man purchase is buying a gun for another person who is legally unable to purchase a gun with their money. Don’t worry though, the ATF and the Supreme Court have stated purchasing a firearm as a gift for a third party does not qualify as a straw man purchase. In this situation, the giver is considered the actual buyer or transferee of the firearm and not a straw man.
We all know it’s better to give than to receive, and if you have any questions regarding gifting a gun, call U.S. LawShield and ask to speak to your Independent Program Attorney.
How do you gift firearms to children under the age of 17? Do I need to write a receipt? What info do you need to included on a receipt? I would like to buy a quick form from Texas Law Shield.
Want to gift my brother one of my AR’s. He’s legal in our state (Nebraska) but I have a CCP and don’t want to commit a crime. Is a bill of sale required or any other forms?
Hello Ronald, thank you for your question. Please see the following response from an Independent Program Attorney.
“Do both your brother and yourself live in Nebraska? If so, then there is no paperwork or notification to the state that is required under either Nebraska or Federal law for the transfer of a rifle. However, if you want to transfer a handgun to your brother, he will be required to have either a Nebraska Concealed Handgun Permit or a handgun certificate issued by his local chief of police or county sheriff.”
My wife wants to give our daughter her .380 auto does my wife have to transfer out of her name to my daughters name we live in Texas.
I want to gift my dad one of my firearms and would like to know if there is any documentation needed for it or if it needs to be registered in his name .
I want to gift my friend that’s like little brother to me a handgun but he is under the age of 21 can I still gift it and if so how do I go about doing so
federal law says you can only gift a handgun to somebody 18+ however there’s no age restrictions to long guns such as rifles or shitguns
Me and my brother live in indianapolis Indiana for me to gift him a pistol (he’s 18) do I have to sign it out of my name or?
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.
I’ve always thought the best way to give folks a firearm was to get them a gift card from a gun store. As long as they are eligible to own a firearm, let them pick out what they want. It’s easier that way.
That is an excellent question. I have the same Q for gun purchased for my daughters use. At her current age i am the owner and she only goes to range with me, only handling them under tight survision but nearing the age i feel she should have her own.
I think the best way to gift a gun is either a gift card, layaway paid down to one cent, or go with the person and pay for the gun while they fill out the background check.
I agree and do the same with my sons. They are approaching that age where ownership will be legal. I think the bast answer will come from a firearm attorney. Thought since I am a paid member of US Texas Lawshield I would get sound reasonable advice.
I’m not talking about new firearms. The gift card would work fine for new firearms. I’m talking about currently owned firearms. I want to gift some firearms to my children. Have legal ownership now. (No pistols. I believe someone has to still have to be 21 before you can gift a handgun.) I’m talking about rifles and shotguns.
Thank you for your question Eric, please see the following response from an Independent Program Attorney:
“Eric, it is legal to gift a firearm, including a handgun, to your children who are age 17 and over. We recommend you keep a record of what firearms were transferred out of your collection, including the make, model, serial number, and who received it. This is not required by Federal law at this time, but it is a good idea in case something happens to the firearm in the future. For example, the firearm is stolen out of the car of the person who you transferred the firearm to, but they neglected to record this identifying information. You can then provide them with the information that they can then give to the police.”
I live in Massachusetts and would like to buy and gift a handgun to my son who lives in Texas. He is 20 years old and does possess a valid Texas License. Is that legal? And if it is, what do I need to do to legally do that? Also, my understanding is that he cannot buy a handgun until he is 21 but can possess a handgun while hunting or working on a ranch. is that true?
Can I still ‘gift’ a gun to my brother even though we have different last names?
Thank you for your question! Please see the response from an Independent Program Attorney:
“Carlos, yes you can, there is no restriction on gifting a firearm based upon the last name of the recipient.”
Can you be gifted a handgun under the age of 17???
you can legally gift a handgun to someone 17 yrs old in Texas
Can I legally gift my 18 old brother a handgun in the state of Texas?
Hello Andres, please see a response from an Independent Program Attorney below:
“Yes, under both Texas and federal law, an 18-year-old can own a handgun. The confusing part about the law regarding age, is that under federal law a person must be 21 years old to purchase a handgun from an FFL dealer.”
If I gift someone under 21 a handgun, do I have to give them the papers to the gun as well?
In Texas, for a 19 year old.
I have a question. I am interested in purchasing a shotgun from Walmart. Unfortunately, they have a policy that requires 21 or older to purchase any firearm from their store. I am currently 20 years old, a resident of Texas and it is legal for me to purchase a long rifle in Texas. I have not found any other store with the same firearm in stock. Can my father purchase it for the purpose of giving to me? Thank you!
I am trying to figure out how to gift a firearm a firearm in the state of Texas to an 18-year-old. I would like to have a bill of gift to make sure if anything happens we are covered by law
I am bipolar. Stable for years, on medication and under a physician’s care. See him every 6 months. I would like to learn gun safety, gun care, and go to the gun range with my husband. I don’t want to buy a gun or even own one. I just want to learn these things and be able to defend myself in case some one breaks into the house. We live in the country. Would that be legal?
Oh. I live in Texas
I’m 20 years old from Texas & my buddy is trying to gift me a gun.. how do I make that work legally?
Or if there is some paper work??
can my brother gift me a firearm to me if I live in another state then where he lives??
Can I gift a pistol by 19 year old son that he can carry ? We live in Colorado and my son lives with me .
I loaned my buddy some money when he was unemployed. He hasn’t been able to repay his debt. Can he give me his hand gun as payment? We both live in Texas and are both able to legally own firearms. If so what paperwork is needed to transfer
I live in OH. Can I gift a shotgun to my brother who lives in NC. when he comes to my home for a family Christmas gathering in December?