Giving a firearm as a gift

asop

any (legal) ramifications that should be given some thought?

mark christian

State law will determine how old a person (the giftee) may be in order to receive a long gun or a handgun, and any transfer requirements. There is generally wordage which provides for you, the giftor, to take reasonable care in order to ensure that the giftee is not in a prohibited class: felon, drug addict, wife beater, ect.

hillbille

as mark said pretty much depends on the state/state law. My insurance agent did tell me once after I got a ryder on my insurance that I would have to show proof of purchase to get paid off if any were stolen, I had a lot of my dads guns, he just told me to get a letter from my mother saying she gave them to me at his passing, no FFL involved in this in WVa atleast for gift, your state may vary

shootuadeal

It is pretty well dependent on state law.

Federal law states you can purchase a "bona fide" gift for another, bona fide basically means that you are not doing a straw purchase. The other points of federal law state that you cannot know or reasonably should have known that the recipient is a "prohibited person". Also, the transfer is intrastate only so it can only go to someone in your state of residence.

State laws vary so we would have to know and look up your state laws on private party transfers but if your state allows private party transfers you should be good.

This is not required but I myself recommend doing a simple bill of sale stating that you transferred the certain firearm to another person that you both sign. I recommend this only because you never know where the gun will end up. I always tell my customers that ask about it "if there is a paper trail leading TO you, it is best to have a paper trail leading AWAY from you. This is probably more important for a firearm you just bought for the purpose of giving away than it is for a firearm you had for 20 years and gave away since you never used it or something like that.

mmppres

Every state is different. I have transferred firearms as a gift to others both new firearms and old. It is a non taxable sale here in Pa state. Basically a regular transfer 4473 an if a pistol a sp4 form also. Nothing hard at all. Have done father's college to son or daughter all on one form.

11b6r

Am not a lawyer (Mom & dad were married) but in addition to any state laws, consider that you may not directly gift a firearm to anyone that is not a resident of your state. That is Federal law- 18.922 US Code. Same as selling a gun directly to another private citizen.

In the case of a firearm that you leave someone in a will- the executor CAN send it directly to the inheritor, so long as possession is legal in that state- No FFL required. Again, in 18.922. Does not even need a will if it is next of kin. Called "intestate succession".

Grasshopper

Isn't it past insane on how/ where/ when/ why a person giving a gift of legitimate item causes so much worry. Tell me things are not what they were in the 60s-70s. You went to an auction, paid for said item, took it home. Went to a gunshop paid for item, took it home. Went to those terrible gunshows, made more deals outside under a tree and shook hands.