What are the laws re: giving a handgun as a gift?

[carguychris]

Howdy all,

Pardon my ignorance, but I'd like to know what, if any, federal laws govern giving a handgun to a family member (specifically my brother) as a gift. It seems to be commonly agreed that this isn't considered a "straw purchase", but I can't seem to find a straight answer online.

Thanks!

[Edward429451]

I can't seem to find a straight answer online.

That's because it's legal but they do not want you thinking it is. As long as he's not otherwise restricted from owning firearms, happy birthday bro (or whatever.)

[jlwman]

Basically you can buy a gun for another person for a gift as long as he is not prohibited from owning a gun. If the person would not normally be able to purchase a gun themselves and you buy it for them to get around any gun laws...then it is a straw purchase and it is illegal. Otherwise...perfectly legal.

[carguychris]

Basically you can buy a gun for another person for a gift as long as he is not prohibited from owning a gun. If the person would not normally be able to purchase a gun themselves and you buy it for them to get around any gun laws...then it is a straw purchase and it is illegal. Otherwise...perfectly legal.

Ahhh, OK, so it's like selling a gun in a private sale... it's legal as long as I have no reason to believe that the person would be prohibited from owning it.

Correct?

That makes sense... kinda... I guess as much sense as it's going to make considering we're talking about the GCA.

[fortkevin2]

what is you are 19 and your dad buys one and gives it to you as a gift. is that legal in NC? Thanks

[parrothead2581]

fortkevin2,

Under North Carolina law, it is unlawful for any person, firm, or corporation to sell, give away, transfer, purchase, or receive, at any place in the state, any pistol, unless the purchaser or receiver has first obtained a license or permit to receive such a pistol by the sheriff of the county where the purchaser or receiver resides, or the purchaser or receiver possesses a valid North Carolina-issued concealed carry permit.

NC firearms laws can be found here: http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf.

I was told by the Sheriff's Dept to obtain a permit to give to the seller or giver (even it was a family member giving it to me) and give it to them, just to cover my backside. Since you're under 21, it is best to wait.

[fortkevin2]

Thanks parrothead2581. Yah i'm sure it would be best to wait. I was just wondering what teh law was. Thanks

[parrothead2581]

You are welcome.

[Don H]

carguychris,

Does your brother live in the same state as you?

[Playboypenguin]

I have given away several as gifts to family members. As long as they can legally own a firearm and you are fine.

[carguychris]

Does your brother live in the same state as you?

Yes.

[xd_owner]

Don H,

What if the person you are giving the firearm as gift is from a different state? Is it better to go through an FFL?

[Ala Dan]

So long as your brother is not otherwise prohibited from owning firearms;
or lives in a state, county, city, district, etc that prohibits ownership~!

[rkba_net]

Giving a firearm as a gift to anyone who is an OUT OF STATE resident is a violation of FEDERAL LAW unless the transfer is handled by an FFL on the receiving end.

[Ala Dan]

Wonder just how many people have violated that "so called law"~? In other
words, you are saying that if I legally purchase a handgun with the intent
of giving it to my 80 year old father-in-law in another state as a birthday
gift, I am violating federal law-correct? My friend, with all due respect I
think you are incorrect~! I know for a fact that this happens everyday;
as I'm in the firearms business myself.

So long as my "paw in law" is not prohibited from ownership, and he resides
in a locale that is conducive to ownership of handguns; I see NO HARM and
NO FOUL. The firearm was purchased by me legally, after completing form
#4473; and simply given as a gift to an unrestricted person in another state,
whom is not otherwise legally banned from ownership. As reference, please
point out the federal statue to support your claim~!

[johnbt]

Sorry, but I thing you're wrong.

www.atf.gov/firearms/faq/faq2.htm

(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

[Ala Dan]

Att: johnbt My Friend-

You are correct Sir, IF the purchase is too be made from a FFL dealer;
whereas the federal statues you quoted would be applicable. On other
occassions, such as "gifting a firearm"; I don't believe those statues
would stand up in a court of law~! Just my opinion of course; and you
know what they say 'bout opinions-right~?

[johnbt]

I know you're in the business. All I can say is that the quote I posted from the ATF site says "acquire" and not buy.

John

[Ala Dan]

At any rate john if that be the case, I have violated that law myself~!

[johnwilliamson062]

This old, but I am on a search for some citations on the subject and came across it and thought it shouldn't be left ending as is.

Moving a firearm(a commercial product) across state lines is considered interstate commerce. Interstate commerce is in the jurisdiction of federal law.

Good luck in court, I think you will need it.

[Mike Irwin]

And, given the citations of Federal regulations, I don't really see why this was reopened at all.