Giving Guns As Gifts

[robbiev]

That's the normal definition, but not for firearms. Federal firearms laws (and the ATF) make no distinction of eligibility of the ultimate recipient. A straw purchase to the ATF is simply that the actual buyer is being hidden by an intermediary. Notice that I said buyer, not owner. In a gift transaction, a 3rd party is the end owner, but is NEVER a buyer. If the "gift" recipient gives the buyer the money for the item, then it is no longer a gift, it is a straw purchase regardless of the final owner's legal ability to own a firearm or not.

Not arguing with you in any way...but one of our local ATF agents told us they didn't care who paid for it as long as someone wasn't buying it for another person who couldn't buy it. HOWEVER, he may have simply been speaking colloquially and not by the letter of the law.

[bubbadavis]

Not true! I gave a gun to my Brother who lives out of State and he wanted to be sure it was Legal, so he checked with Dealer's in town and was told, the Gun would have to be shipped from here to a Dealer in his State by a FFL and then be registered to him!

He checked with Scottie on Brainerd Rd (who even deals FA Guns and was told, he would not need to do anything!)

My Brother however did have Scottie transfer ownership from me to my Brother for $45. even though Scottie told him he was wasting $45! LOL!!!!!!!!!!!!1

I assume you are talking about a long gun. Your brother did indeed need to do a transfer through a FFL to be legal. If it was a handgun, the FFL messed up. From the ATF FAQ website (http://www.atf.gov/firearms/faq/unlicensed-persons.html):

Q: From whom may an unlicensed person acquire a firearm under the GCA?

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922((3), 27 CFR 478.29 and 478.30]

[MarkInNashville]

HOLY CRAP!!!

Now, do you see why I said to just get a gift certificate???

[bubbadavis]

No need to get a gift certificate. One just needs to know and follow the law. Don't trust what you 'hear' from someone but do the necessary research yourself.

[Oh Shoot]

HOLY CRAP!!!

Now, do you see why I said to just get a gift certificate???

OP wanted to know what's legal. My post #5 answers that. It's quite simple.

- OS

[Guest friesepferd]

lol. obviously the problem here is some people posting what they 'think' or what 'that one ffl dealer told me'.

Want to know the law? Read it.

And yes, some things are a bit unclear. If you want to be safe, just stay away from those things, or call the appropriate person.

[Guest steffiesmith12]

In any case, I would also concur that you let the person pick out the gun. If they dont know what they want, then work with them to decide what would be best for them.

[MattCary]

Does any of the above strike anyone else as "infringement," or is it just me?

[Guest bkelm18]

Does any of the above strike anyone else as "infringement," or is it just me?

Sure. But it's the law.