Technically, it would depend on how you define the word “buy.” If you went to a gun dealer with someone, and they chose a gun and filled out all the paperwork, but you paid for the gun, there wouldn’t be an issue — the person whose gun you paid for is on record as the actual buyer. Federal law doesn’t say you cannot buy a gun and gift it, only that you can’t purchase a gun and give it to someone who might not be eligible for gun ownership.
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Legal Considerations for Gifting a Gun
The ATF does not prohibit the gifting of a gun to someone else as long as the recipient is legally allowed to own a firearm under federal law. However, state laws vary, so it’s important to check the rules in your state and the recipient’s state. While this is legal, gifting a gun is generally discouraged — a safer option is to buy a gift certificate so the recipient can complete the purchase themselves.
Parents can also gift a gun to their child if the child is 18 years or older and meets all legal requirements. The parent must give written permission and the gun’s use may be restricted to specific activities like work or farming.
Who is Prohibited from Gifting a Gun?
Generally, the only time that you would need to purchase a gun for someone else is when the person you are purchasing the gun for is prohibited from owning a gun. Convicted felons, for example, are often denied.
A “prohibited person” under the US gun law code can include:
- Certain felony convictions
- Criminal convictions involving narcotics
- Convictions involving violent crimes
- Convictions involving spousal or child abuse
- Being the subject of a restraining order
- A history of narcotic abuse
- Are recognized as having a mental illness
- Certain categories of misdemeanors
- Has prior firearm offenses
The Process of Buying a Gun
The general process of buying a gun involves transferring ownership from the seller to the buyer. This process includes conducting background checks by the FBI or state agency to ensure the buyer is not prohibited from owning a gun.
The rest of the process moves the gun from the gun seller to the gun owner to the buyer. Once the transfer is complete, you are the legal and responsible owner of the gun, and the FFL gun broker is released from legal responsibility and any criminal activity that occurs after the date of purchase.
Private Transfers and Sales
The other way to buy a gun is to buy the gun from a private party. You can’t buy a gun out of state lines and gift it without the person receiving the gun undergoing a background check. You also need to understand the different state laws involved.
For example, you may not purchase an assault weapon, or long gun, in one state and transfer it to another state where assault weapons are banned — this would be considered a felony.
Understanding Your State and Local Laws
Buying a gun out of state doesn’t necessarily make the transaction legal. If you buy from a firearm dealer, the dealer and the Bureau of Alcohol, Tobacco, and Firearms, and Explosives will check your address. If the gun is banned in your state, your application will be denied.
For example, you cannot legally buy an assault weapon out of state if it’s banned in your home state. Also, bringing the gun back to your state could result in a violation of state law.
Responsibilities of Private Sellers
Private sellers also have a responsibility to take reasonable cause into consideration before selling a gun. If there is any doubt, it’s safer to conduct the private sale through a licensed FFL to avoid legal issues. Selling without being sure of the buyer’s background can lead to criminal charges for unlicensed dealing.
In-State Transfers
Certain states, like California, require all gun transfers to go through a Federally Licensed Firearm gun store. Federal gun laws offer broad coverage or regulation, while state laws can be much more restrictive. In states like Illinois, the city of Chicago has even more strict regulations than the rest of the state.
Gift Giving
We don’t recommend gifting guns to family members (parent-child or grandparent-child). Gifting a firearm to someone carries huge risks for everyone involved, therefore giving them a gift card is a much safer option.
Legally speaking, you can buy a gun and give it as a gift as long as the person receiving the gun is at least 18 and their criminal background does not prohibit them from ownership. Other considerations include:
- History of mental health
- Narcotic use
- History of criminal convictions
If you are purchasing the gun from out of state, the person you give the gun to will still need to undergo a criminal background check. Again, this is not encouraged outside of one’s immediate family members.
Prohibited Firearm Purchases
A straw purchase occurs when someone buys a gun for another person who is prohibited from owning a gun in the United States, often to bypass the NICS background check. This is illegal under federal law and is considered a federal felony. Any licensed dealer or FFL holder that identifies this type of purchase is required to stop the transaction.
ATF forms specifically ask if you are the actual buyer and add that if you are giving the gun to someone else you are not the actual transferee. In this case, the person receiving the gun is the transferee and they are required to complete Form 4473 before an FFL can transfer the gun to them.
Simplify Compliance with FastBound
FastBound is an online cloud-based platform that streamlines firearm transfers, making the process fast, accurate, and secure. We help gun buyers and sellers handle the necessary paperwork to stay compliant with ATF regulations. Our software is the only firearms compliance software that comes with an ATF compliance guarantee, backed by attorneys, and is accessible from any internet-connected device.
With comprehensive coverage for state and federal firearm laws, FastBound ensures you stay compliant. Our software simplifies the process of completing federal ATF forms, managing concealed handgun permits, compliant advice, and more, reducing the risk of mistakes that could lead to application rejections.
For the Federal Firearms Licensee, FastBound offers tools to create and store electronic bound books and perform universal background checks. We help you maintain compliance by ensuring data accuracy and preventing false information, ultimately supporting your business growth and legal security.
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