Can I give a gun away ???

LouPran · January 17, 2009, 02:35 PM

To my father or son?

Or are there steps I have to take to make it legal in some way?

Don H · January 17, 2009, 05:47 PM

Sure, you can give a gun to someone - doesn't even have to be a relative. But it makes a difference whether the transfer is across state lines, whether it's a long gun or handgun, and what the state(s) laws may be, whether a minor is involved, etc.

More information is required to answer your question more fully.

LouPran · January 17, 2009, 07:19 PM

I just want to give a few of my guns to my Dad and Son and didn't know if there were some hoops I had to jump through to make sure nothing is done that's illegal.

mega twin · January 17, 2009, 07:52 PM

what is your state of residence? In arkansas, as long as they are a resident,and of legal age to own a gun,you just hand it to them and say Happy birthday!

LouPran · January 17, 2009, 09:08 PM

Wisconsin

Don H · January 17, 2009, 10:34 PM

Do your Dad and Son live in WI also?

blume357 · January 19, 2009, 04:37 PM

but as long as your dad and son can legally own the guns in that state then you can probably just give them to them... which means they have to be residents of the same state as you.

LouPran · January 19, 2009, 04:58 PM

Yep ... they live here.

I know on the form you fill out here one of the questions is whether you're buying the gun for yourself. That's why I wasn't sure it was legal.

vranasaurus · January 19, 2009, 08:45 PM

While that is a question you have to answer when buying a gun, if you are buying a gun to give away as a gift then you are considered the actual purchaser of the gun. It is not a straw purchase.

NavyLT · January 19, 2009, 11:24 PM

Same state residents.
Neither one prohibited from owning/possessing firearms.
Both > or = 18 years old.
Gifting them firearms (handguns and long guns) is perfectly legal, no paperwork required in Wisconsin.

Another User Name · January 20, 2009, 02:09 PM

Is there a website that I can look up or reference to find out about Texas and Louisiana?

I bought a 10/22 for my dad last year. I bought it in Texas and he lives in Louisiana.

LouPran · January 20, 2009, 02:46 PM

Great !

Heck, my son still lives at home, so that one doesn't even leave my house.

NavyLT · January 20, 2009, 04:02 PM

Quote:

I bought a 10/22 for my dad last year. I bought it in Texas and he lives in Louisiana.

It's a Federal law. The transfer has to go through an FFL. You can ship/deliver it to a LA FFL to transfer to your dad or your dad can come and get it from a Texas FFL.

http://www4.law.cornell.edu/uscode/1...2----000-.html

Look at (a)(3) and (a)(5)

Another User Name · January 21, 2009, 09:19 AM

NavyLT,
Thanks for the info and for the link. If I would've thought about this a little bit I would've gotten the answer. It's no different than buying a gun across state lines and bringing it back to your state.

Thanks again for the help.

Brian48 · January 21, 2009, 02:35 PM

You definitely can't do that in my state (MA), even in the case of inheritance. You have to fill out a FA10 form and send it into the firearms bureau to do the transfer of ownership. This is provided of course, the receiving party has a valid license to own a gun.

blume357 · January 21, 2009, 04:15 PM

any state that allows private sales between individuals should allow you to gift a gun to someone in the same state with out any gov'ment paper work. As for buying a gun from an FFL and then gifting it, as mentioned that is allowed too... is not a violation of the rules on the form... a gift is not a straw purchase... of course as long as the person you are giving the gun to can legally own it.

At least that is how I understand the law.. I'm buying an M1 from CMP and in my cover letter to them I actually told them I was gifting this gun to my father. So, we'll see.

January 17, 2009, 02:35 PM	#1
LouPran Senior Member Join Date: February 21, 2008 Location: Buried under record fall of "climate change" Posts: 346	Can I give a gun away ??? To my father or son? Or are there steps I have to take to make it legal in some way? __________________ Aspire to inspire before you expire - the poster formerly known as JP.

January 17, 2009, 07:19 PM	#3
LouPran Senior Member Join Date: February 21, 2008 Location: Buried under record fall of "climate change" Posts: 346	I just want to give a few of my guns to my Dad and Son and didn't know if there were some hoops I had to jump through to make sure nothing is done that's illegal. __________________ Aspire to inspire before you expire - the poster formerly known as JP.

January 17, 2009, 09:08 PM	#5
LouPran Senior Member Join Date: February 21, 2008 Location: Buried under record fall of "climate change" Posts: 346	Wisconsin __________________ Aspire to inspire before you expire - the poster formerly known as JP.

January 19, 2009, 04:37 PM	#7
blume357 Senior Member Join Date: August 2, 2005 Location: Greenville, SC Posts: 3,943	I don't know WI law... but as long as your dad and son can legally own the guns in that state then you can probably just give them to them... which means they have to be residents of the same state as you.

January 19, 2009, 04:58 PM	#8
LouPran Senior Member Join Date: February 21, 2008 Location: Buried under record fall of "climate change" Posts: 346	Yep ... they live here. I know on the form you fill out here one of the questions is whether you're buying the gun for yourself. That's why I wasn't sure it was legal. __________________ Aspire to inspire before you expire - the poster formerly known as JP.

January 17, 2009, 05:47 PM	#2
Don H Senior Member Join Date: May 8, 2000 Location: SLC,Utah Posts: 2,704	Sure, you can give a gun to someone - doesn't even have to be a relative. But it makes a difference whether the transfer is across state lines, whether it's a long gun or handgun, and what the state(s) laws may be, whether a minor is involved, etc. More information is required to answer your question more fully.

January 17, 2009, 07:52 PM	#4
mega twin Senior Member Join Date: August 15, 2006 Posts: 434	what is your state of residence? In arkansas, as long as they are a resident,and of legal age to own a gun,you just hand it to them and say Happy birthday!

January 17, 2009, 10:34 PM	#6
Don H Senior Member Join Date: May 8, 2000 Location: SLC,Utah Posts: 2,704	Do your Dad and Son live in WI also?

January 19, 2009, 08:45 PM	#9
vranasaurus Senior Member Join Date: November 16, 2008 Posts: 1,184	While that is a question you have to answer when buying a gun, if you are buying a gun to give away as a gift then you are considered the actual purchaser of the gun. It is not a straw purchase.

January 19, 2009, 11:24 PM	#10
NavyLT Junior member Join Date: January 25, 2006 Location: Oak Harbor, WA Posts: 1,719	Same state residents. Neither one prohibited from owning/possessing firearms. Both > or = 18 years old. Gifting them firearms (handguns and long guns) is perfectly legal, no paperwork required in Wisconsin.

January 20, 2009, 02:09 PM	#11
Another User Name Member Join Date: July 19, 2007 Location: Fort Worth, TX Posts: 84	Is there a website that I can look up or reference to find out about Texas and Louisiana? I bought a 10/22 for my dad last year. I bought it in Texas and he lives in Louisiana.

January 20, 2009, 02:46 PM	#12
LouPran Senior Member Join Date: February 21, 2008 Location: Buried under record fall of "climate change" Posts: 346	Great ! Heck, my son still lives at home, so that one doesn't even leave my house. __________________ Aspire to inspire before you expire - the poster formerly known as JP.

January 21, 2009, 09:19 AM	#14
Another User Name Member Join Date: July 19, 2007 Location: Fort Worth, TX Posts: 84	NavyLT, Thanks for the info and for the link. If I would've thought about this a little bit I would've gotten the answer. It's no different than buying a gun across state lines and bringing it back to your state. Thanks again for the help.

January 21, 2009, 02:35 PM	#15
Brian48 Senior Member Join Date: December 21, 2001 Location: Boston, People's Republic of MA Posts: 1,616	You definitely can't do that in my state (MA), even in the case of inheritance. You have to fill out a FA10 form and send it into the firearms bureau to do the transfer of ownership. This is provided of course, the receiving party has a valid license to own a gun.

January 21, 2009, 04:15 PM	#16
blume357 Senior Member Join Date: August 2, 2005 Location: Greenville, SC Posts: 3,943	Most states are not MA... any state that allows private sales between individuals should allow you to gift a gun to someone in the same state with out any gov'ment paper work. As for buying a gun from an FFL and then gifting it, as mentioned that is allowed too... is not a violation of the rules on the form... a gift is not a straw purchase... of course as long as the person you are giving the gun to can legally own it. At least that is how I understand the law.. I'm buying an M1 from CMP and in my cover letter to them I actually told them I was gifting this gun to my father. So, we'll see.