Is it legal to give a gun away?

[Gunman21]

I live in SC.

In an episode of King of the Hill, Dale sells guns in Peggy's Bookstore. An officer walks in and ask if he has a license. Dale replys that the guns are promotional giveaways, buy 20 books and get a free 1911.

So... Is it legal to give guns away? Like buy this snickers bar I have for $800 dollars and I'll give you a 1911.

Seems like you should get locked up for this?

 

[stickhauler]

You Got To Remember...

That's a TV show, produced and directed by people who ain't got an idea at all as to what's legal or not, they found it humorous to portray in their show. It may have been a biased view based on their feelings about guns as well. But, in today's world, doing what was done in that episode, or the scenario you made wouldn't be legal, if you had the firearm at hand and transferred it directly to another person without a background check.

Look at how the auto dealership that was "giving away" an AK-47 if you bought a vehicle from them. People who bought their vehicles during the promotion were given a voucher from a local gun shop for the value of the firearm itself at that shop. The new car buyers still had to go to the gun shop, complete their Form 4473 and the shop had to run a background check before the firearm could be transferred to them.

 

[Mags]

Why don't you just sell the gun for asking price FTF in your state. I am pretty sure that is legal. At least in mine it is. Face to face private generally do not require an FFL.

 

[scottaschultz]

The creators of "King of the Hill", Mike Judge and Greg Daniels, are the same two guys who created "Beavis and Butthead". Make your own decision based on that!

Scott

 

[NavyLCDR]

But, in today's world, doing what was done in that episode, or the scenario you made wouldn't be legal, if you had the firearm at hand and transferred it directly to another person without a background check.

I'll believe you if you can post which statute would be violated.

 

[chris in va]

I've seen a couple gun raffles here locally, so I'm sure there's a way of doing it.

 

[Jim K]

I know of no law in any state or locality that bans giving guns away or requires that they be exchanged for money or other goods. We talk informally of laws regulating the "sale" of guns, but the laws actually use the term "transfer". When you give a gun away, you transfer ownership. If it is legal in that state to sell a gun in a private transaction, it is legal to give away the gun in a private transfer of ownership.

The same for interstate transfers. Where sales are illegal, gifts would also be illegal.

Jim

 

[Gunman21]

My understanding is that there is an undefined limit to how many guns you can sell for profit out of your "personal collection." If you are going to sell guns like a business you must be licensed. I am wondering if one could "give away" as many guns as they wanted. Or would it be illegal to sell the snickers bar for 800 in the first place...

 

[stickhauler]

Quote:
Originally Posted by stickhauler
But, in today's world, doing what was done in that episode, or the scenario you made wouldn't be legal, if you had the firearm at hand and transferred it directly to another person without a background check.
I'll believe you if you can post which statute would be violated.

I don't know that there is a specific law that applies, the scenario cited was a commercial operation where a gun would be given as part of a sale, and my guess would be that in such a case, rather than accept the liability of transferring a firearm to someone not legally able to possess one, they opted to use a voucher for a gun rather than deal with the risk.

And in another reply to this thread, it was said you could transfer as many guns from your private collection as you wished to anyone you wished, and again, that's true. But if you had obtained the guns legally going through the prescribed process we see these days and one ended up being used in a crime, or was confiscated from a person not legally able to own a gun, and they informed the law that you gave it to them, expect an unhappy encounter with local law enforcement and likely a few folks from the BATFE.
There certainly is a law on the books that require a legal gun owner to be assured that a person you transfer a firearm to is actually legal to possess it. That might be a gray area, but they'd come down on you like a ton of bricks if you didn't make any effort to assure the person was legal to own a gun.

 

[Dannix]

My understanding is that there is an undefined limit to how many guns you can sell for profit out of your "personal collection." If you are going to sell guns like a business you must be licensed.

You got any good hard links to support this? I'm sure there a more than a few small "mom and pop" nonFLLed gun shops in my state.

 

[nalioth]

When I last looked (at least in Texas), you could give away any gun(s) you liked (so long as you're not giving them to known restricted folks).

I'm so not sure what the rest of you folks are talking about. . .

After the first sale (at least in Texas), a gun is a commodity just like a toaster or refrigerator or a couch. Nobody has any cares about giving a way a toaster or fridge or couch.

 

[mgkdrgn]

I live in SC.

In an episode of King of the Hill, Dale sells guns in Peggy's Bookstore. An officer walks in and ask if he has a license. Dale replys that the guns are promotional giveaways, buy 20 books and get a free 1911.

So... Is it legal to give guns away? Like buy this snickers bar I have for $800 dollars and I'll give you a 1911.

Seems like you should get locked up for this?

In SC, if you even "display" handguns in a place of business, w/o a SC Retail Pistol Dealer License (for which you must already have an FFL to obtain, post a $10,000 bond and pay the $100 fee). you are looking at having some serious problems with SLED.

Mine finally came Thursday, BTW.

 

[Dave P]

"In SC, if you even "display" handguns in a place of business, ... you are looking at having some serious problems with SLED."

When is SC gonna join the rest of Dixie and grow up??

 

[Sav .250]

Seems to me, some time back, a bank was giving away rifles for opening an
account of a certain amount.

 

[71Commander]

Seems to me, some time back, a bank was giving away rifles for opening an account of a certain amount.

You can ask the blubber, Michael Moore about that.

 

[natman]

There are two different aspects going on here.

The first is the sale of the gun, i.e. how it is paid for. There are few laws on this aspect. Sell it, trade it, give it away.

The second is the transfer of the gun. This aspect is heavily regulated by both state and federal law.

 

[TexasRifleman]

Wow, lots of misinformation in this thread. Amazing.

Let's look at the law (Federal) on this.

A 'dealer' is defined as:

The term "dealer" means (A) any person engaged in the business of selling firearms at wholesale or retail, (B) any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms, or (C) any person who is a pawnbroker. The term "licensed dealer" means any dealer who is licensed under the provisions of this chapter.

Notice "engaged in the business". That isn't a fuzzy concept, it's also defined in the law. If you are not "engaged in the business" then you can sell guns, and you don't have to do background checks on anyone.

The term "engaged in the business" means --as applied to a dealer in firearms, as defined in section

921(a)(11)(A), a person who devotes time, attention, and labor to dealing

in firearms as a regular course of trade or business with the principal

objective of livelihood and profit through the repetitive purchase and

resale of firearms, but such term shall not include a person who makes

occasional sales, exchanges, or purchases of firearms for the enhancement

of a personal collection or for a hobby, or who sells all or part of his

personal collection of firearms;

And "principle objective of livelihood" is defined as well.

The term "with the principal objective of livelihood and profit" means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection

And as for selling guns as a non FFL, and the idea of needing a background check, that is covered too.

It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person --

(1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

(2) is a fugitive from justice;

(3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

(4) has been adjudicated as a mental defective or has been committed to any mental institution;

(5) who, being an alien, is illegally or unlawfully in the United States;

(6) who has been discharged from the Armed Forces under dishonorable conditions;

(7) who, having been a citizen of the United States, has renounced his citizenship; or

(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that --

 

[Gunman21]

Kudos to TexasRifleman.

 

[rocky branch]

State laws not to be ignored.

In Illinois you could not give one to somebody who does not posess a Firearms Owners ID Card.
Legally you could not even touch one without this card.

Transferring to other states requires some research as well.

 

[61chalk]

Is Illinois still part of the Union....? Anyway my Dad gave me guns as I was growing up..gave me a .22...a .410......I in turn have given guns down to my sons....hope the ATF doesn't show up....

 

[nalioth]

hope the ATF doesn't show up

The revenuers don't concern themselves with state laws.