Guns Under the Tree: What Federal Law Says About Gifting Firearms

 In this Christmas-season episode of Live to Shoot — Defending the 2nd Amendment, host Jeff Dowdle breaks down everything you need to know about legally gifting a firearm. Whether you’re giving a first hunting rifle, a defensive handgun for a spouse, or a collectible for a fellow enthusiast, federal law sets clear rules about what is allowed — and what can land you in serious trouble. 

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Transcript

0:14

Well, welcome to the Live to Shoot podcast. My name is Jeff Dole and I've been a licensed farm dealer for the last 18 years, and this podcast. We talk about all things related to the Second Amendment, as well as anything else going in the world, a sports story, or anything else I might find interesting. So welcome, welcome, welcome. Well, it is officially the holiday season. Families are gathering, traditions are unfolding, and many of you are considering to give a gift of a gun. On Christmas, and so for some of y'all, it may be used for hunting for a rifle or for a hunting rifle for a son or a daughter, or handguns for a spouse who wants to, you know, take up self-defense or anything else. But every year, this time, I get the same questions. Can I give a gift to of a gun as, as a Christmas gift? What's the federal law say about it? Do I need to have a background check? Is this considered a straw purchase today? We'll break it all down slowly, clearly, and completely so that you can give a gift to Fire Mob confidently and legally. We'll cover federal laws, interstate issues, state variations, common myths, best practices, and holiday pitfalls. To avoid. So let's jump in. So first, gifting a firearm has long been a tradition of American culture. It goes back to, you know, it's a wonderful, I mean, it's a, the Christmas story movie, right? But for generations, you know, firearms have been passed down as tools, symbols of trust, and Mark's maturity. Many listeners probably have fond memories of receiving their first rifle from a parent or grandparent. But modern times farms are a lot more heavily regulated. You know, you used to be able to buy'em right outta the serious catalog, but not anymore. Now a this gift can carry some legal responsibilities as well. So, let's d let's dive into, you know, what's the federal law say the bonafide gift rule. So, federal law does allow a private citizen to gift a farm to another private citizen and to qualify as a lawful gift. Three things must be true. You paid for the firearm with your own money, you intend to give it away with no reimbursement, and you are not knowingly giving it to a prohibited per purpose person. So when you purchase a gun from a dealer, you complete the A TF Form 4 40 44 7 3. And on that form, the key questions is, are you the actual transferee or buyer of the farm? If you intend to give the firearm as a true gift, the answer is yes. If someone is paying you back even secretly. The answer must be no, and you cannot out lawfully buy it for them. This brings us to an important distinction. What is a straw purchase? Now, a straw purchase occurs when you buy a firearm on behalf of someone else or they give you the money, but they want you to complete the background check for them. This is illegal, even if the intended recipient is a law abiding citizen. Why? Because the background check is supposed to screen the actual buyer, not a stand in penalties can include, you know, prison time, large fines and permanent loss of firearm rights, but. Who can receive a gift? Under federal law, no firearm may be gifted to someone who falls into the categories prohibited by 18 USSC 9 22. And those include, you know, felons, fugitives, unlawful drug users, people convicted of a de domestic violence misdemeanors, individuals with certain mental health educations, illegal aliens. People under active restraining orders, and there's other categories as well. So if you know or have any reason to believe that the person that is gonna receive this, even if you're doing it as a gift, is prohibited, you cannot give them that gift. So. Then there's an issue of, you know, do y'all live in the same state or are this an interstate gift? So gifts within the same state. So if you and the recipient live, live in the same state, the federal rules are pretty straightforward. You may give that firearm directly. Now, some states may add some additional rules, and there's no way we can cover all the rules here about mandatory background checks, waiting periods, and things like this. The federal law is the baseline now gifts across state lines. Here's where you can get into some trouble if the recipient lives in a different state. Federal law requires that the firearm be transferred through a licensed dealer in the recipient's state, so the firearm must be taken to the FFL in your state, shipped to an FFL in the recipient state, and then transferred to the recipient only after they completed a form 44 73 and passed the background check. No way around it. You cannot meet them halfway. You cannot surprise'em with them. You cannot mail it to'em directly. Interstate transfers of firearms between private individuals are prohibited without an FFL. So why do these exist? Well, good Old Gun Control Act of 1968 establishes quote unquote protections. They ensure accountability and firearm transfers. They prevent criminals from bypassing background checks. They regulate interstate commerce of firearms, and they prevent straw buyers from masking the identity of the actual recipient. So over the years courts. They've been consistent, held the government's authority to regulate these held up the government's authority to regulate these transfers while still recognizing the individual right to keep and bear firearms. So in the wake of some high profile straw purchases, federal agencies have tightened enforcement clarifying that intent, reimbursement, and residency all matter and gift related issues. So best practices use your own money. Keep the receipt, include a signed note saying, Hey, this firearm is a gift. Verify the recipient is legally eligible. Provide safety locks with the gift you know for minors. Gift the firearm to the parent, not directly to the child. For out-of-state gifts, always use your FFL and consider sometimes just given a gift card to a gun store, that might be the easiest way. So some other FAQs are, can my 19-year-old legally receive a handgun from me? So federal law restricts dealers, sales of handguns to individuals. 21. Under deals of handguns of 21 or younger. However, private gifts can be given to anyone 18 or older and are generally legally legal federally, unless your state has some crazy restrictions and some, there's some of these, there's some court cases going on around legal age and, and things like that. And if you remember after some of the mass shootings a few states. Raise the legal age even for a long gun purchase to 21. I think Florida was actually one of those that did that. Can I build a firearm and give it a gift? Homemade firearms may only be gifted if they comply with federal marketing, you know, serials and all that. Can you surprise some of the firearm? Sure. As long as, again, like I said, they're legally eligible and a resident of your state for out-of-state surprise gifts, you can surprise them with the idea but not the gun. What about shipping guns to family members? Handguns may not be mailed through the postal service by individuals. Long guns may be mailed under specific conditions, but not across state lines to an unlicensed recipient. When in doubt. Always let one of us FFLs handle it. So as you prepare for Christmas, go ahead, give it as a gift. Do those things. Make sure you're using your own money ver make sure you know the eligibility and make sure you're staying within those state boundaries or using your FFL. So, if you like this podcast share it with others. We'll keep providing good content for you. A lot of just, you know, helpful things for y'all to need to know. Go out like it, review it, anything can help that algorithm you know, make this show up in, in listings and stuff. I appreciate it. Hope y'all have a great rest of your week and I will talk to you later.