Legality of Gifting a Pistol?

[Kiln]

My grandmother in law is older and very arthritic but wants to get herself a .32 automatic to protect herself with because she doesn't own a gun. A larger caliber is not an option but she is comfortable with my CZ-70 and isn't bothered too much by the recoil so I want to get her one.

Now I have bonded with mine too much to give it away but after all the help she's given me and my other half I'd like to buy her one.

My question is, what is the legality of going out and buying a pistol with the intention of giving it away to her? Before anybody asks, no I don't intend to gift her with the gun and then have her "gift" me with $200.

I intend to hand it to her and get absolutely nothing in return in the process.

Would this be legal?

 

[Sam1911]

As long as your state laws allow a private party transfer, then absolutely yes -- a gift of a handgun is legal.

Where are you located?

[EDIT: NavyLCDR is absolutely correct -- if she lives in another state you'll have to go through a dealer in her state.]

 

[NavyLCDR]

Generally, Yes, perfectly legal.

If she is a resident of another state, you will have to deliver the handgun to an FFL in her state of residence for transfer to her, though.

Some states do regulate private party transfers, so we need to know what state you are in to give you an accurate answer.

 

[Kiln]

Oh of course, I should have thought to include a little more information.

I am a resident of Arkansas and so is the person I intend to give the gun to. No borders will be crossed by the gun.

I just wanted to check the legality because I have given away a gun before and knew it was legal but have never bought one with the intention of giving it away. I mainly wanted to make sure that this wouldn't be considered a "straw sale" since I didn't intend to get anything in return for it.

Thanks guys.

 

[NavyLCDR]

When you fill out the form 4473, read the instructions for the form:

 

[chhodge69]

A "straw sale" happens when Party A is not legally eligible to make a purchase so he gets Party B to do it for him. Purchase as a gift for Granny, assuming she's not a felon, addict or lunatic, is not a straw sale.

 

[NavyLCDR]

A "straw sale" happens when Party A is not legally eligible to make a purchase so he gets Party B to do it for him.

Party A does not have to be a prohibited person for a straw sale to happen. As noted on the form 4473 instructions I just posted. Party A could be the President of the US or the head of the FBI... if they give Party B money to buy a firearm for them, the straw sale happens.

A straw purchase and providing a firearm to a prohibited person are two distinctly separate felonies.

 

[Sam1911]

Purchase as a gift for Granny, assuming she's not a felon, addict or lunatic, is not a straw sale.

Again, as NavyLCDR is pointing out, if Granny says, "Here sonny, here's $500. Go down to Gabe's Guns and Galoshes and get me a Glock," that's a felonious straw sale. (And a pretty spiffy example of some heavy duty alliteration!) Even if granny has never had so much as a parking ticket.

 

[TexasRifleman]

I just wanted to check the legality because I have given away a gun before and knew it was legal but have never bought one with the intention of giving it away.

As the others have shown, that's legal. You are buying it for YOU, so it's not a straw purchase. That you plan to give it away later doesn't matter, YOU are the intended purchaser. Keep it, give it away, as long as you buy it for yourself you are good.

 

[Kiln]

Alright, thanks for the input guys. In the next few days I'll start looking for one to buy her.

 

[TexasRifleman]

Cool. And of course we like pictures