Buying a gun as a gift. - The Firearms Forum

cec · 03-12-2007, 06:58 PM

This question about if it is a good idea or not, but rather legal one.

I was wondering about the Legalities of buying a firearm as a gift for a family member. For example, husband for wife, wife for father-in-law, mother for son. For the purposes of my question, all of the parties involved do not have anything that would prevent them from purchasing a firearm. Also, this would be a surprise gift, so showing up to the local gun store would kind of ruin the surprise.

Is there really a legal issue here or would this fall under a straw man purchase?

Our if you were buying the gift, is it best to just keep it to yourself?

I have considering doing this before, but I wanted to also keep it on the light side of the force (sorry, geek poking through there).

southernshooter · 03-12-2007, 07:25 PM

I don't know about the regestration and all of that in you state, But I believe as long as you they can't prove you knew that said person was ineligible to own a firearm, Their ain't nothing that can be done about it
I might be wrong

catfish83861 · 03-12-2007, 08:24 PM

Unless they (the BATF) have changed the yellow sheet (form 4473) there is a question whether or not this firearm is being purchased for you or not. I personally would not suggest placing an out and out lie on a federal form. However if you buy a personal weapon say today. Then next week or next year, what ever, you decide you no longer want this weapon. It is fairly easy to transfer it to someone else.You can also store your personal weapon at someplace other than your residence. This could be somewhat touchy unless the individual is a family member,especially if that person turns out to have something in their past that would prohibit them from owning or possession of a weapon. I personally would take my family member to the local shop that I intended to purchase the weapon,Let them pick out the one they want.Either, let them pay for it with funds you have provided or reimburse them after you leave the store.They fill out the paperwork-not you!! I am not saying that I wouldn't give a weapon that I own to one of the two friends I have. Oh Yea by the way, these are FRIENDS, not people I know from work or wherever. They are individuals that I would trust with my babies lives, not just my life. I feel damn lucky to have such friends. Either way Good Luck and Be Careful. Just another rant from me. catfish

Nighthawk · 03-12-2007, 08:27 PM

as I understand it has to be for buyer-but how long buyer keeps said gun before deciding to give to some one elseis anyones guess. You might find you don't care for gun the day after you buy it.

Coltonator · 03-12-2007, 09:15 PM

My Dad who lives in Texas buys me guns for christmas every year. I live in California and all we have to do is send the BATF 19 bucks to get them put in my Mother's name. Its fairly simple and only takes one form.

berto64 · 03-12-2007, 09:31 PM

Sure am glad I lives in Idyho. I agree with catfish on this one.

I have made gifts of sidearms in the past but only after they've resided in my safe for a while.

DWARREN123 · 03-13-2007, 05:19 AM

The form 4473 asks if you are the purchaser of said firearm, if giving as a gift to someone who can own firearms then yes you are the purchaser. This is in there to prevent strawman purchases.
Call your local office and ask but I have never know anyone to get into trouble when all parties were legal.

cec · 03-13-2007, 07:56 AM

Thanks for the replies. I figured this had come up a few times.

I was also thinking that I could use my local range/FFL to transfer to firearm to the person once I purchase it.

charagrin · 03-13-2007, 08:02 AM

I am under the age limit to buy guns, so I just tell my grams which one I want and give her the money to get it. My only suggestion woukld be to write on a piece of paper,"I transfer legal ownership to so and so, and all legal problems pertaining to the firearm afore mentioned now pertain to so and so." Then have them sign it. Make a copy for each of you, and have done with it. Make it clear that you are no longer to be held for legal problems about the gun.

03-12-2007, 06:58 PM	#1
cec Senior Member Join Date: Feb 2005 Location: New Hampshire Posts: 501	Buying a gun as a gift. This question about if it is a good idea or not, but rather legal one. I was wondering about the Legalities of buying a firearm as a gift for a family member. For example, husband for wife, wife for father-in-law, mother for son. For the purposes of my question, all of the parties involved do not have anything that would prevent them from purchasing a firearm. Also, this would be a surprise gift, so showing up to the local gun store would kind of ruin the surprise. Is there really a legal issue here or would this fall under a straw man purchase? Our if you were buying the gift, is it best to just keep it to yourself? I have considering doing this before, but I wanted to also keep it on the light side of the force (sorry, geek poking through there). __________________ Carpe Jugulum When asked why I wanted my CCW, I was tempted to say "Fishing". -->

03-12-2007, 07:25 PM	#2
southernshooter Advanced Senior Member Join Date: Mar 2006 Location: Deep South Mississippi Posts: 5,943	Re: Buying a gun as a gift. I don't know about the regestration and all of that in you state, But I believe as long as you they can't prove you knew that said person was ineligible to own a firearm, Their ain't nothing that can be done about it I might be wrong __________________ Only you can see this

03-12-2007, 08:24 PM	#3
catfish83861 Advanced Senior Member Join Date: Nov 2006 Location: North Idaho Posts: 2,019	Re: Buying a gun as a gift. Unless they (the BATF) have changed the yellow sheet (form 4473) there is a question whether or not this firearm is being purchased for you or not. I personally would not suggest placing an out and out lie on a federal form. However if you buy a personal weapon say today. Then next week or next year, what ever, you decide you no longer want this weapon. It is fairly easy to transfer it to someone else.You can also store your personal weapon at someplace other than your residence. This could be somewhat touchy unless the individual is a family member,especially if that person turns out to have something in their past that would prohibit them from owning or possession of a weapon. I personally would take my family member to the local shop that I intended to purchase the weapon,Let them pick out the one they want.Either, let them pay for it with funds you have provided or reimburse them after you leave the store.They fill out the paperwork-not you!! I am not saying that I wouldn't give a weapon that I own to one of the two friends I have. Oh Yea by the way, these are FRIENDS, not people I know from work or wherever. They are individuals that I would trust with my babies lives, not just my life. I feel damn lucky to have such friends. Either way Good Luck and Be Careful. Just another rant from me. catfish

03-12-2007, 08:27 PM	#4
Nighthawk Advanced Senior Member Join Date: Aug 2006 Location: South Central Texas Posts: 3,330	Re: Buying a gun as a gift. as I understand it has to be for buyer-but how long buyer keeps said gun before deciding to give to some one elseis anyones guess. You might find you don't care for gun the day after you buy it. __________________ Our obligations to our country never cease but with our lives." --John Adams, letter to Benjamin Rush, April 18, 1808 NRA Life TSRA Life GOA Member

03-12-2007, 09:15 PM	#5
Coltonator V.I.P. Member Join Date: Dec 2006 Posts: 201	Re: Buying a gun as a gift. My Dad who lives in Texas buys me guns for christmas every year. I live in California and all we have to do is send the BATF 19 bucks to get them put in my Mother's name. Its fairly simple and only takes one form. __________________ <

03-12-2007, 09:31 PM	#6
berto64 VMBB Admin Staff Join Date: Jan 2001 Location: Owyhee County, Idaho Contributor Posts: 7,385	Re: Buying a gun as a gift. Sure am glad I lives in Idyho. I agree with catfish on this one. I have made gifts of sidearms in the past but only after they've resided in my safe for a while. __________________ Be who you are & say what you will, Those that matter won't mind and those that mind don't matter. I'm a bitter clinger, One Nation Under God.

03-13-2007, 05:19 AM	#7
DWARREN123 Senior Member Join Date: Aug 2003 Location: BETWEEN TN & KY Posts: 764	Re: Buying a gun as a gift. The form 4473 asks if you are the purchaser of said firearm, if giving as a gift to someone who can own firearms then yes you are the purchaser. This is in there to prevent strawman purchases. Call your local office and ask but I have never know anyone to get into trouble when all parties were legal. __________________ Have a nice day!

03-13-2007, 07:56 AM	#8
cec Senior Member Join Date: Feb 2005 Location: New Hampshire Posts: 501	Re: Buying a gun as a gift. Thanks for the replies. I figured this had come up a few times. I was also thinking that I could use my local range/FFL to transfer to firearm to the person once I purchase it. __________________ Carpe Jugulum When asked why I wanted my CCW, I was tempted to say "Fishing".

03-13-2007, 08:02 AM	#9
charagrin Former Guest Join Date: Mar 2007 Posts: 451	Re: Buying a gun as a gift. I am under the age limit to buy guns, so I just tell my grams which one I want and give her the money to get it. My only suggestion woukld be to write on a piece of paper,"I transfer legal ownership to so and so, and all legal problems pertaining to the firearm afore mentioned now pertain to so and so." Then have them sign it. Make a copy for each of you, and have done with it. Make it clear that you are no longer to be held for legal problems about the gun.