Disclaimer: This article is intended for information purposes only and does not constitute legal advice. Check all federal and local laws before purchasing a firearm for someone else.
With the holiday shopping season already kicking into high gear, many of us are looking for the perfect gift for the firearms enthusiast in our life. Often times, we hear them wax poetic about a particular gun that’s on their wish list and—in an effort to embody the season of thoughtful giving—we may be inclined to buy that gun and gift it to them.
Gun Gifting Checklist
The direct question here is “can I legally give a gun as a gift?” The short answer is “yes” but there are some caveats and legal provisions to be aware of.
- Is the recipient a legal possessor?
There are several factors that go into this question including age, criminal history, and substance use. If you are unsure of the person’s background the safest bet is avoiding a firearm purchase for them.
- Do they reside in the same state?
Interpersonal transfers with someone outside of the state you legally reside in not permitted under federal law. All interstate firearms transfers are required to go through an FFL in the state of residence of the recipient. Meaning, if you leave in Minnesota and want to gift a gun to someone in Wisconsin, the firearm must be transferred to a licensed firearm dealer in Wisconsin so the giftee can fill out a Form 4473 to receive the gun.
- Is the firearm you’re gifting compliant with state and local laws?
The legality of common firearms features like butt stocks, muzzle devices (brakes, compensators, or flash hiders), and magazine capacity are determined by state and local laws. Even if the recipient of your gifted firearms lives in the same state as you, their city or county laws may restrict the type of firearm you’re giving them. It’s important to check state and local laws thoroughly.
- Has the recipient provided you any money in exchange for the gifted firearm?
On the surface, this sounds silly. Why would someone pay you to buy them a gift? But even so, it’s actually critically important. If your gift is “splitting” or “covering a portion” of the cost of a firearm you’re purchasing to gift, this could be considered a straw purchase, which is a federal crime. Straw purchasing is typically described in the context of a legally-qualified buyer purchasing a gun for someone who is not legally permitted to own one themselves. Even so, accepting money from someone to purchase a gun for them—even if both of you are legally qualified to own guns—could still fall into the category of a straw purchase.
Alternate Options
If you want to avoid all of the question-asking and law-checking, there are alternatives. The most common is purchasing a gift card. Many firearms retailers offer this option, particularly around the holidays, and purchasing a gift card that covers the cost of the desired firearm is a great way to streamline the process. This option has been recommended by ATF through their public-facing media channels and eliminates all questions about legal qualifications and the “actual buyer of the firearm” as required to be stated on the Form 4473 background check.
If you want to gift someone the cost of a new gun, you could also put the money in a card and simply let them make the purchase. This ensures the person gets exactly what they want with no legal gray zone.
Finally, instead of purchasing the firearm itself, you could purchase accessories such as holsters, weapon lights, optics, or aftermarket upgrade parts for the gun they want.
While it is legal to gift a firearm, it does come with some responsibility for both the “gift-er” and “gift-ee” when it comes to complying with laws around the process. Depending on the circumstances, this may be relatively simple to navigate, or it may leave you with more questions. Either way, we hope you or the shooter in your life gets what’s on their wishlist!
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