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Question about gifting

Discussion in 'General Gun Discussions' started by Flintshooter, Aug 12, 2019.

  1. Flintshooter

    Flintshooter Member

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    I haven’t bought a cartridge firearm in several years, and it had been even longer (like something over a decade) since I’d bought one before that. Years ago when I did buy brass shuckers on a fairly regular basis I don’t remember the question about the buyer being the primary or end user. As I read it, the question precludes buying a firearm as a gift, which is exactly what I was doing when I bought the last one.
    What exactly is the law in that regard? Are you technically in violation buying a rifle or shotgun to give to a grandson or nephew to hunt with?
     
  2. newfalguy101

    newfalguy101 Member

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    4473 asks: ( paraphrasing) Are you the actual buyer, you are NOT the actual buyer if you are acquiring the firearm on behalf of someone else.

    Many people probably dont realize the last page of the 4474 is....INSTRUCTIONS including explainations on many of the questions. As I recall, the instructions spell out that bonofide gifts are ok as YOU are the actual buyer.
     
  3. Tom Servo

    Tom Servo Member

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    You can absolutely buy a firearm as a gift. As per the instructions:

    If you're using your own money to buy the firearm, and you're not being immediately reimbursed by the recipient, you can honestly and legally answer yes.
     
  4. Theohazard

    Theohazard Member

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    It’s perfectly legal to check “yes” on question 11a on the 4473 if the gun is a gift for someone else.

    Now, when it comes time to actually transfer the firearm to the gift recipient, both people must be residents of the same state and the transfer must occur in that state. Otherwise the transfer must go through an FFL. Also, if the person gifting the firearm knows (or has reason to believe) that the gift recipient is a prohibited person, then they obviously shouldn’t be giving the firearm to that person.

    Keep in mind that this is federal law. Your state law might be more restrictive. But I have no idea what state you live in.
     
  5. Flintshooter

    Flintshooter Member

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    Okay, thanks everyone that clears it up for me.
     
  6. 460Shooter

    460Shooter Member

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    Correct.

    Also, do your dealer a favor and don’t mention it’s a gift. While buying a gun as a gift is totally legal, I’ve done it twice, some FFL holders hair bristle when they hear it’s a gift. Save them from the unnecessary heartburn.
     
    Theohazard, Meeks36 and .308 Norma like this.
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