Firearms as Gifts

In this episode  I discuss whether you can give firearms as gifts this holiday season.

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Transcript

0:12

Welcome to the live to shoot podcast. My name is Jeff Dowdle and I've been a licensed farm dealer for the last 16 years. And this podcast talk about all things related to the second amendment, anything else going on in the news or a personal story of mine. So welcome, welcome, welcome. I hope everybody had a great Thanksgiving. I sure did. We took a family trip before Thanksgiving to Charleston, and there my oldest son proposed to his girlfriend, and she said yes, and so we have a wedding on the horizon coming up in the Dowell household, and then we, you know, visited Charleston, and so And then got together on Thanksgiving with a lot of friends and family and it was just, it was just a good time. And so we had a really good Thanksgiving. But the one thing, and I was asked this a couple times even at Thanksgiving, and I get asked this, Every time you know this time of year rolls around and it's about gifting firearms Can you gift a firearm and a lot of times the questions not posed so much is about gifting They'll also say, you know, I want to get this to my son but I how do I transfer it into his name or my daughter or my wife and So I thought I would address that just a little bit here today, and, and I caveat all that to say that this all is based on me being NFL in Texas. And there are other states where some of this will not necessarily apply. From a federal standpoint, it is true, but then when you get down to the state and even local laws, things may be just a little bit different. different in terms of what I'm going to say. So the first thing I want to say is that there is no federal gun registry. So you do not transfer guns into your name or anybody else's name at a federal level. So when you come in. as to my place and pick up a gun. Now you do fill out a 4473, but technically that does not put the gun in, in your name. Basically all that does is record the transfer from me to you. So when a dealer ships me a gun, they're transferring the gun to me. And basically that point in time, that gun is, is reg, is listed as, as in my possession. Now, Whenever you transfer it, whenever somebody were to ask me what happened to that gun, I would say I transferred it to, to you. Now that gun isn't registered in your name. There's no place anybody can look it up and see that it is in your name. So there's no necessary need to quote unquote transfer another gun to somebody else's need. Now. There are efforts afoot to change that. But what I want to say right now, that that does not exist at the federal level. Now, local and state levels, there are places where you may have to get a pass, a license, a you know, truly register that gun in your name because you're only allowed to own one. particularly, but at a federal level and at freedom loving states such as Texas, that's not the case. Now, in terms of gifting a firearm, yes, you can gift a firearm. That is not What is a consider a straw purchase? Straw purchase is when you're buying a gun, typically with somebody else's money for somebody that cannot purchase that gun, they cannot qualify to purchase that gun. That is what a straw purchase is. Now, funny thing is that I had. A conversation with an ATF agent over this very topic. And somebody was asking him, you know, Hey, I want to buy this and I want to give it to my wife. And he's like, no, no, no, no, you can't do that. He's on the phone while he was in my house and he said, you can't do that. They, she, I'll have to do the 4473 and you have to do the background check. And because you can't, you know. buy a gun for somebody else because that's a straw purchase. And I'm like, no, that's not a straw purchase. You know, if he, he can give that to him, if he doesn't believe that there's any reason why that she is prohibited from owning a firearm. Now, if she is prohibited, then no, they cannot do that. But yes, you can gift a firearm. So you can buy a gun and gift it to your son or daughter in terms of and not have to transfer it into their name, as long as they're not prohibited from, from owning that gun. No, they're not a felon or anything like that. And you know, kids can be in possession of arms. They may not be able to purchase a, like a, a handgun, but they can actually be in possession if they're 18. So those are the different things that can happen. Now uh, with this, the advent of the safer communities act, you know, a lot of things are changing. And one of those is, is, you know, about, you know, buying guns and then and, and then reselling them. And right now there's, it's the way they changed the, the wording is that it used to be that if, if you were buying a gun for your, and then reselling them for your livelihood to make money and for your livelihood, then you had to be an FFL. Now they changed that wording to be, if you're buying a gun and It's gonna make a profit. So this is different than gifting it. But if you're gonna buy a gun, then you're reselling it now They're they're making it to where you're technically gonna have to be an FFL dealer if you want to Make a firearm, you know sell a firearm after you've bought it now. There's some Different exceptions, but in the typical ATF fashion, they leave themselves a lot of room of latitude. So I did hear some information, some suggestions. No longer should you be keeping track of how much you paid for firearms. If you sell a firearm and do a bill of sale, just don't do a bill of sale, bill of transfer, and put no pricing on that transfer at all. Do not, you need to not keep track of pricing anymore in terms of your firearms. But it's, like I said, but going back to gifting it, it is perfectly acceptable gift of firearm to another person. There is no need to, to transfer it. Now they are talking about the, that's where this universal background check junk comes in is that now they're starting, if they enact this universal background check, and that's where some states have this, that even if you want to gift it to somebody, they have to be You have to have a background check and you technically would have to come into a dealer and truly transfer that and have that dealer do that background check. So far into Texas, we do not do universal background checks. There's not a federal universal background check requirement at this point in time. But, keep your eyes open. That's happening too. So But during this holiday season, go out and buy guns. Give them as gifts. Buy lots of guns and give lots of gifts of guns. We have to keep this movement going. We have to keep supporting the second amendment and, and, and doing all those things. So it is perfectly fine and acceptable to give a gun as a gift and you don't have to worry about transferring it to other people's names. So just wanted to pass that on. I'll be talking about other little things probably in the next few weeks, but have a great day, have a great week, and I will talk to you later.