How do you "give" a gun as a present?

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I have heard of people "getting" or "giving" guns as gifts.

I am sure it depends on the jurisdiction, but how do you "gift" a gun?

If you were to buy it planning to give it to someone else, would that be a straw purchase?

In New Jersey you have to go through a formal transfer process which includes a transfer via an FFL or a face to face transfer with a resident who fills out a certificate of eligibility followed by the seller filing it with his local police department.
 
In most of the US, you just hand them the gun. Though sometimes gift wrapping is preferred, especially around the holidays :D There's no real transfer process.

If you're buying it and planning on giving it to someone as a gift, that is ok as you are still the actual buyer/purchaser. As long as you aren't getting the money from the other person to purchase the gun, you should be ok. For example, if I buy a gun for my girlfriend (hey, I can dream can't I? :neener:) with the intention of giving it to her for her birthday, it is completely legal, even if she knows I intend to do that. However, if she gives me the money to buy her the gun, it is no longer a gift and is a straw purchase.
 
As an FFL I will tell you not to mention it being a gift. Many and I mean most of the gun dealers I know will not sell if they know the gun is for someone else & they don't care the reason.
 
Depends on the state you live in and who you are gifting it to.

Here in CA a person can buy a gun and gift it to another person in their immediate family, father to son, husband to wife, sister to brother with no paper work involved. A gun can not be gifted to someone who is not in the immediate family.
 
Wrap it up in some nice wrapping paper and write Merry Christmas or Happy Birthday on it.
 
In most of the US, you just hand them the gun. Though sometimes gift wrapping is preferred, especially around the holidays There's no real transfer process.
That's how we do it here in Bama.
 
http://www.atf.gov/pub/fire-explo_pub/2005/p53004/index.htm

Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, ATF P 5300.4 -
Federal Firearms Regulations Reference Guide 2005 (Revised - 9/05)] Page 165
15. STRAW PURCHASES

Questions have arisen concerning the lawfulness of firearms purchases from licensees by persons who use a "straw purchaser" (another person) to acquire the firearms. Specifically, the actual buyer uses the straw purchaser to execute the Form 4473 purporting to show that the straw purchaser is the actual purchaser of the firearm. In some instances, a straw purchaser is used because the actual purchaser is prohibited from acquiring the firearm. That is to say, the actual purchaser is a felon or is within one of the other prohibited categories of persons who may not lawfully acquire firearms or is a resident of a State other than that in which the licensee's business premises is located. Because of his or her disability, the person uses a straw purchaser who is not prohibited from purchasing a firearm from the licensee. In other instances, neither the straw purchaser nor the actual purchaser is prohibited from acquiring the firearm.

In both instances, the straw purchaser violates Federal law by making false statements on Form 4473 to the licensee with respect to the identity of the actual purchaser of the firearm, as well as the actual purchaser's residence address and date of birth. The actual purchaser who utilized the straw purchaser to acquire a firearm has unlawfully aided and abetted or caused the making of the false statements. The licensee selling the firearm under these circumstances also violates Federal law if the licensee is aware of the false statements on the form. It is immaterial that the actual purchaser and the straw purchaser are residents of the State in which the licensee's business premises is located, are not prohibited from receiving or possessing firearms, and could have lawfully purchased firearms from the licensee.

An example of an illegal straw purchase is as follows: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. If Mr. Jones fills out Form 4473, he violates the law by falsely stating that he is the actual buyer of the firearm. Mr. Smith also violates the law because he has unlawfully aided and abetted or caused the making of false statements on the form.

Where a person purchases a firearm with the intent of making a gift of the firearm to another person, the person making the purchase is indeed the true purchaser. There is no straw purchaser in these instances. In the above example, if Mr. Jones had bought a firearm with his own money to give to Mr. Smith as a birthday present, Mr. Jones could lawfully have completed Form 4473. The use of gift certificates would also not fall within the category of straw purchases. The person redeeming the gift certificate would be the actual purchaser of the firearm and would be properly reflected as such in the dealer's records.

If you want to take a chance with federal court of appeals, you could claim that a non-gift purchase of a gun on behalf of a non-prohibited person fits a strict reading of the intent of Congress to prevent purchase on behalf of prohibited persons. However, the letter of the law is about the 4473 showing the actual buyer of the gun.

A person buying a gun with their own money as a bona fide gift to a non-prohibited person is not a straw purchaser under federal law.

State laws are another thing. With the passage of the Brady Act, Tennessee did away with several state laws on firearms transfers (CLEO sign-off on Application for Permission to Purchase and fifteen day waiting period especially), deferring to federal law on firearms transfers. I see from Post #1 New Jersey adds restrictions as do some other states.
 
Last edited:
Diggers said:
Depends on the state you live in and who you are gifting it to.
What he said.

Diggers said:
Here in CA a person can buy a gun and gift it to another person in their immediate family, father to son, husband to wife, sister to brother with no paper work involved. A gun can not be gifted to someone who is not in the immediate family.
Correct on transfers between "immediate family members" not needing the use of a CA FFL dealer.

If the gift is a handgun, then the recipiant of the gift has 30 days to report/register it with CA DOJ. Rifles, shotguns and others do not have to be reported at this time (it may change on 01-01-2014).

However, per CA laws, "immediate family members" are only grandparent - parent - child - grandchild relationships.
Transfers between a spouse is a form of a "operation of law" and can be done the same was as a gift between "immediate family members".

Brothers/sisters, cousins, aunts/uncles, etc. are not considered "immediate family members" and gifts between them need to go through a CA FFL dealer.


CA Penal Code 16720
As used in this part, "immediate family member" means either of the following relationships:
(a) Parent and child.
(b) Grandparent and grandchild.

CA Penal Code 27870
Section 27545 does not apply to the transfer of a firearm, other than a handgun, by gift, bequest, intestate succession, or other means from one individual to another, if both of the following requirements are satisfied:
(a) The transfer is infrequent, as defined in Section 16730.
(b) The transfer is between members of the same immediate family.
(c) This section shall remain in effect only until January 1, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.

CA Penal Code 27875
Section 27545 does not apply to the transfer of a handgun, and commencing January 1, 2014, any firearm, by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:
(a) The transfer is infrequent, as defined in Section 16730.
(b) The transfer is between members of the same immediate family.
(c) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall forward by prepaid mail, or deliver in person to the Department of Justice, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The report forms that individuals complete pursuant to this section shall be provided to them by the Department of Justice.
(d) The person taking title to the firearm shall first obtain a handgun safety certificate, if the firearm is a handgun.
(e) The person receiving the firearm is 18 years of age or older.
 
It's been said already, but I'll be another voice in the chorus.

Purchase with the intent of making a gift of that firearm is not a straw purchase, and is not against federal laws.

If you don't live in a free state, you may experience hurdles and/or legal peril on the state level. YMMV.
 
That's how we do it here in Bama.
Yep.. This year in Bama my whole family got guns. My wife got a new .38 from me, my sister got a new .38 from my parents, my pops got a Glock from the kids (mom got her .38 last year) and I got a Glock from the family.

Roll Tide!
 
I always liked taking a gun already owned by my dad and wrapping it in a new box for a gun he wants. Gets him every time. Of course he eventually finds the item that came in the new box wrapped up somewhere. ;)
 
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