BE CAREFUL ABOUIT GUN GIFTING!

Updated: Oct 31, 2019

With the upcoming holiday season here you may want to gift a firearm. Is it legal?


Under current federal law , as long as the recipient is lawfully allowed to possess a firearm, the ATF and the Supreme Court of the United States have repeatedly stated that guns may be purchased and given as gifts. The ATF even explains this process on their firearms transaction record (also known as a form 4473), specifically in question 11a. The form explains that a firearm purchased legitimately as a bona fide gift to a third person does not violate the law.


Federal law requires that you be the actual purchaser of the firearm. You can still give a firearm as a gift, but you cannot have a side agreement with a third party to make a purchase on their behalf, and you cannot use that person’s money to buy the gun.


How about the actual transfer or gift? Under state law, t