Gun as a Gift?

[GhostlyKarliion]

allright, I am sure that this has come up before, however I would like some advise.

firstly, legality, I know that buying a gun with the express intent of giving it to another person is a violation of federal law, however you gun store owners out there, if I were to give my friend the money before we get to the store and help him decide which one to buy, would you consider that to be a straw purchase and refuse sale? keep in mind that the gun store owners and I are on a first name basis and they all know me well, but that is beside the point, what advise could you give on safely helping someone else make a decision while avoiding looking like it is for me to the dealer?

secondly, I have a friend who I have taken from just-moved-here-from-new-york-and-never-touched-a-gun-in-his-life, to I-want-one-for-christmas-and-i'll-pay-for-it-but-I-want-you-to-help-me-pick-one-out. he is still not comfortable with shooting any of my stronger rifles but absolutely loves the 10/22, we have been to the store a few times and he is intrested in a few different .22 cal rifles, all of them seem to fit his form well and are comfortable, so my question is which of the available options would you reccommend based on personal experience and performance?

 

[Regolith]

As far as I am aware, giving a gun as a gift to a person who is otherwise legally able to buy their own gun is NOT a crime, so long as they reside within the same state as you do. Likewise, giving him the money to get the gun would not be illegal either, as he will be the one doing the purchasing for his gun and the one going through the background check.

The trouble comes into play when you're making the purchase for someone else who has given you the money to get THEM the gun.

That's my interpretation of federal law anyway. I am not a lawyer.

 

[Ed Ames]

buying a gun with the express intention of giving it as a gift, as Regolith said, is NOT a violation of federal law. Giving cash to someone so they can buy YOU a gun is a violation (because it obfuscates the tracking and can allow restricted persons from acquiring a firearm) but there's nothing wrong with giving cash or a store gift card so they can buy themselves a gun. For that matter there there is nothing wrong with going in, having him fill out the paperwork and charging it to your credit card... so long as his name is on the paperwork and he retains the gun. Only problem is that it raises suspicion so it may get blocked even though it is not a violation of any law. In most states you could also buy it (filling out the paperwork yourself) and then give it to him in a box with wrapping paper without violating any laws.

The second paragraph "I want one for christmas I'll pay for it" is just a way of saying "help me shop" ... you aren't a party to the purchase at all.

 

[mp510]

If he wants to pay for the rifle, he's gotta fill out the paperwork on it, it is as simple as that. However, if you were to buy a rifle with your own money, to give him as a GIFT (without any intention of recieving any consideration for the rifle), you would be prfectly legal.

 

[Ala Dan]

Just don't transfer funds in front of the salesperson; and let your friend
choose his/her own weapon, without too much of your influence and all
will be well~!

 

[DogBonz]

I voted 10/22

he is still not comfortable with shooting any of my stronger rifles but absolutely loves the 10/22,

That's the main reason. You already know that he likes it. Plus, the 10/22 is just plain fun to shoot.

As others have said, buying a gun to give as a gift is not illegal as long you follow the laws. In some states you just have to have a reasonable belief that the person is not/ was not a felon. Other states you have to do a transfer through a FFL. Just know your state's laws and all will be well.

P.S. We all wish that we had more friends like you.

 

[CajunBass]

I really like my Ruger 10/22 "Wally World Special."

But the Marlin 60 ain't bad either.

The other two I don't know anything about.

 

[1911 guy]

That's not a straw purchase.

I went through this with my Dad this year. I got him a Springfield XD and CCW class for his birthday. I put up the money since it was my gift to him, but he filled out the paperwork and took possession the same day. Shop knew it was my money and his gun, no problems.

It's gonna be his rifle, let him pick it out. Sure, some guidance in suitability for intended purpose (plinking, serious target work, etc.) is in order, but he's got to like what he's buying.

 

[tbtrout]

It depends on the state laws. In NJ that can get you in to trouble.

 

[highfive]

Not a problem at all....My wife did the same thing we went to the store I picked what I wanted and she paid...so easy and so nice...lol lol

 

[clone]

personaly i like the marlin 60 better. but, with the Ruger 10/22 you could buy add-ons for it for holidays to come.

 

[Sistema1927]

I know that buying a gun with the express intent of giving it to another person is a violation of federal law

Yeah, since when?

However, why not just give the person a gift certificate and let them pick out what they want?

 

[aguyindallas]

I voted for the AR simply because you can start it out as a .22lr and at some point when he is ready can restore it back to its original state (with abother upper) of 5.56. Sort of makes it 2 guns in 1 and this just may be a way for him to get another future gun owner involved.

 

[db_tanker]

the legality of it has been explained.


SO I suggest the 10/22 as its so easy to dress up and tweak out...make it into a nice little shooter.


I love shooting mine, to be sure...


MTCW
D

 

[Richbaker]

In Cali, a .22LR semi-auto doesn't need to be registered, neither does any AR upper...that's a darn NICE loophole!

 

[TX1911fan]

I've given numerous guns as gifts so I sure hope it's not a straw purchase. I also had a friend buy a gun for me, take me to the store and then have me fill out the paperwork. Also legit.

I voted AR-15. I assume he will be able to buy a .223 upper for it later. That would be the best of both worlds.

 

[Constantine-p89]

Ruger 10/22 wont strain your wallet.

 

[RubenZ]

I voted Marlin 60 and Ruger 10/22.

After using a Walther P22 I wouldn't buy any .22 with the name Walther (s&w) on it.

 

[atek3]

Get a Ruger 10/22 With a 30 dollar chinese red-dot and a few 25 round hot lips magazines... feed it federal auto match and all will be well...

 

[whitetiger7654]

10/22 - He already likes them and there's lots of access for them. So he can upgrade it as he wishes.

 

[GhostlyKarliion]

thanks for the advise, guess I have been a little confused about what a straw purchase was, I had thought that since I check a box on the form when I buy a gun that says "are you the actual buyer of the firearm", guess that confused me, heh, it sounded like "am I the actual person who is paying for the firearm and going to keep it". meh, oh well, nvm.

10/22 has gotten alot of votes, and the situitation is that he wants to buy one for christmas for himself, but I have been thinking about buying him one anyway, figured I'd cover all bases with the question put as it was.