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, the majority of states allow the transfer of a firearm among residents of the same state, so long as the person isn’t disqualified from possessing a firearm. BUT BE CAREFUL!!! The law regarding the possession and transfer of firearms is not uniform throughout the United States and can vary greatly from state to state.
Many states impose age restrictions on private transfers of firearms (typically, 18 years of age, but it could be as high as 21).
If you want to send a gun to another state, you MUST only send and receive it thru an entity with a current Federal Firearms License (FFL).
The bottom line - err on the side of caution!!! Ask questions, or contact your state police, before you find yourself in trouble!
STAY SAFE AND LEGAL!!!