Giving a shotgun as a gift?

[gulogulo1970]

How do you handle giving a gun as a gift? How do you avoid it being a strawman purchase? I don't know the law on this one. I live in Texas so I don't believe there is any state law forbiding this. I don't have a clue if this is a big deal federally or not? I just don't want to break the law.

I am planning to give a shotgun to my bestman as a groom's men gift. I know he's not wanted or a felon. Any problems with this, that y'all know of?

 

[cslinger]

Ok no lawyer so only take what I am going to say as a springboard for research.

A strawman purchase is when you knowingly buy a firearm for another who cannot legally purchase it for themselves.

As far as I know it is legal to buy a firearm as a gift as long as it is not a true strawman purchase.

Chris

 

[jsalcedo]

There is no problem with firearms as gifts in Texas.


Just be sure that the recipient can legally own a gun.

 

[10-Ring]

In CA, the owner of the firearm has to be present to fill out the paperwork. Someone else can pay for the firearm, but the new owner has to take care of the BS.

 

[Ala Dan]

I'm Not An Attorney, Nor Do I Play One On T.V. But-

I don't think you have a problem; as another poster said
just make sure its lawful for the receipent to own firearms.

Best Wishes,
Ala Dan, N.R.A. Life Member

 

[gulogulo1970]

Thanks for the info. I just wanted to be sure of what I was about to do. I thought it would be ok. Wouldn't the world be a better place if everyone gave guns. Of course we'd omit the crazy, mean people from our gift list.

 

[pax]

Moved to Legal and Political forum, which is the place for questions about laws and politics.

pax

 

[Black92LX]

you're a nice guy. all my bother got me was a pocket knife. it's a nice one, but it's no shotgun. this would be my choice.

 

[Standing Wolf]

If Sarah Brady can buy a .30-'06 for her son, the rest of us can give guns as gifts, too.

 

[CasualShooter]

If it's a gun you presently own, that's one thing. If it's a gun you are going to buy from the local gun shop, that's another.

If you buy it from a FFL, you are going to have to answer a question on the Federal Form 4473 as to whether you are purchasing the firearm for yourself. If you answer no, the dealer cannot sell it to you. Statements on that form further advise that you cannot acquire the firearm for another person and that if you do so you are guilty of a felony.

Best bet, would be to accompany your friend to the gun shop or give your friend the paid receipt or gift certificate and let him fill out the form and pick up the gun from the Dealer. There is nothing to prevent you from paying for it.

 

[C.R.Sam]

form 4473, front page, 12, a. Are you the actual buyer....? etc.
(See important Notice 1 for actual buyer definiton and examples.)

Important Notice 1....says that if it is to be a bonifide gift, then you are the actual buyer.

Directly off of 4473 (5300.9) (10-2001). I left out a bunch of non applicable verbage for brevity.

Grab a form from local dealer, read and keep for reference.
They also available in Spanish and a few other languages.

Sam

 

[SteelyDan]

I am a lawyer, but I have zero expertise on this issue. Nonetheless, it is my understanding that one may purchase a firearm as a gift for another person. I bought a Ruger 10/22 for a buddy of mine last year. If the SWAT teams show up tomorrow, I'll let you know.

 

[C.R.Sam]

Yeah Dan, no sweat.
Now, if your buddy had given you money to buy it for him you would be in violation.
But yours was a bonifide gift using the form definition.
And therefore you were the actual buyer.

Sam

 

[zastros]

BTW, need any more groomsmen?

zastros


[Oh come on, the rest of you were thinking it. And it's a great idea. If he gets cold feet, they can provide cover fire if he makes a break for it.] ;-}

zastros

 

[gulogulo1970]

Black92LX & Zastros its not like I'm buying him a Beretta O/U or anything. Let's not go crazy here. Not too nice or I would end up keeping it and showing him the new knife or wallet I got him. I am going to buy him a Mossberg 500 24" 12ga Rifled slug gun. He has always wanted to go hog hunting. Anyway, he was also looking for a good home defense gun. So I figured I'd hit two birds with one stone for my best friend of more than 20 years. I think I'm getting off cheap since he has to put up with me as a friend for that long.