Can You Gift a Firearm?

Since we are entering the holiday season, we are discussing how to gift a firearm.

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Transcript

0:15

Welcome to the Livestream Podcast. My name is Jeff Dowdell and I've been a licensed firearm dealer for the last 17 years. This podcast talks about all things Second Amendment as well as anything else going on in the world or a sports story or anything else you might find interesting. So, welcome to the podcast. Welcome, welcome, welcome. It is the weekend before Thanksgiving. So hope everybody's got big plans for next week. I am off all week. Good thing. I have been sick. Finally feeling better, but I have been sick and just getting over it. So I think I talked about that last week as well. So it's been tough. I usually don't get sick, but during this time, especially the black Friday's coming up and Palmetto and buds are doing all their specials and everything. One question I get a lot is how do I gift a gun? Are you Can I gift a gun? And the simple answer is yes. And how it can vary depending on state and location of the buyer and the, the gifter and the giftee. But Let's, let's break it down just a little bit so you know, going into next week, you know, what you need to do to buy a gun for for a gift. So, from a federal perspective, the U. S. government doesn't really care. As long as you are buying it. And when you're gifting it to someone that they're not a prohibited person, and that is, you know, felon, you know the announcer citizenship, you know, those types of things, illegal drug user that's their big concern. Now, if you are purchasing that gun for somebody that lives in another state, then we've got to talk about other scenarios, but If you are buying the gun for your wife or your son or someone like that and you live in a free state like Texas, just go buy the gun, wrap it up, and put it under the tree, and when they open it up, say Merry Christmas. If you're not in a free state you know, it may vary a little bit. Most of the states, their, you know, transfer you know, gifting laws are not as, as restrictive as, as their sale laws. But, you know, that person that you're gifting it to may have to go get it registered or they may have to get a permit in their name. There might be a, there might be a waiting period per se. So you know, you might, you'll have to look into what your state laws is and talk to your FFL. Another option is just, you know, go and give a gift card or a gift certificate to your local gun shop. Now if you live in don't live in the same state. Then typically what you're going to have to do is you're going to have to do some sort of FFL transfer to get that gun from you to them. So you can buy the gun here in Texas and if they live in Missouri, you could ship it to an FFL in Missouri and they could pick it up there now, you know, it takes a little surprise and everything. So you could, you know, you could, you kind of use the old re gifting idea. You could gift it to let's say their spouse and then their spouse would go pick it up and then their spouse could gift it to the actual attendee who might be your brother or father or something like that. And. With that being the case, the local FFL, he's going to do whatever the necessity, necessary things are to get that gun transferred to the, the person that you've sent it to anyway. And that may be background checks and such like that, filling out 4473s, but it is possible to gift a gun. Now people often ask me, how do I get the gun out of my name? And just understand that, From a federal perspective, the guns aren't in your name. They are not registered anywhere. There's not a federal gun registry, so you don't have to worry about buying a gun. And then when you give it to them under the tree, getting it put into their name, because it's not anybody's name at that point in time. Now, if it's, if you know, the. NFA items such as suppressors and short barreled rifles and full autos, they are technically registered into a person or a name of a trust at that point in time. But just individual firearms from a federal perspective are not in anybody's name. So if you buy your little Glock 43 and you gift it to your spouse doesn't matter that you bought it, picked it up, did the 4473 and it's yours. Your spouse has it from a federal perspective. It is not in your, in either one of your names. It's just a gun that has been transferred. So you don't have to worry about that. Now, from a paperwork perspective, it's, you know, always best to at least keep a record of what you had, the serial number, and what you did with it. Just because at some point in time, if something happens and that gun is involved in a crime, or lost, or stolen, and the ATF starts trying to figure out the life history of that gun, they're going to end up knocking on your door, and they're going to know whether it's that Glock 43. All you need to do is be able to tell them that, and you know, verify with a serial number in your paperwork, that you gifted this to your son on, you know, X date, and then they're going to go to your son and, you know, more than likely at that point, you know, your son's going to have to send them on to the next stop as well. You don't want them stopping at your, at you being the last place that they stop for the trail of the life of that gun. But worst case, you know, buy a gift certificate. forum if it's easier. But you know, buy guns for Christmas, go out and get everybody a gun for goodness sake. Let's let's take and, and you know, enjoy our second amendment that we have and enjoy it for as long as we have it. But, you know, gifting is perfectly legal. You can do it. You might just have to look into the local rules that you have from a federal perspective if you live in the same state and are not prohibited to do so. from purchasing it. It's really easy. Buy the gun, give it to him. Just like any other item that you're going to be buying for Christmas. So it's that straightforward. Let me know if you got any questions, text me email me whatever you want, but enjoy, have a great Thanksgiving and let's enjoy this upcoming holiday season. Thank you.