Giving Guns as Gifts: Know the Law

With gift-buying season upon us, it’s natural for gun owners who enjoy target shooting, hunting, collecting or just plain plinking to want to share their enjoyment of firearms with others. What better way to do that than to gift a firearm to a family member, close friend or relative?

The first thing to remember if you’re thinking about giving someone a gun is that ownership of a firearm brings with it serious responsibilities and legal obligations that other consumer products don’t. So, let’s look at some questions you may have about giving a firearm as a gift.

Consider a Gift Card

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) recommends that if you want to give someone a new firearm, rather than going to a gun store, buying it on your own and giving it to, say, your father, consider instead purchasing a gift certificate from that retailer and giving it to dad as his present. That way he’ll get the exact gun he wants, and there’s no question about who is “the actual buyer of the firearm,” which is a question any purchaser must certify on the federal ATF Form 4473 at the time of purchase.

Buying a Gun as a Gift

Let’s assume, however, you do not want to give a gift card because you want to give “Old Betsy,” your favorite old deer rifle, to your son or daughter or you want to see the joy on their face when they unwrap their present. The first question you then must ask is whether the intended recipient can legally own a firearm at all. Remember, you can never under any circumstances transfer a firearm to someone you know — or have reasonable cause to believe — legally can’t own one. That’s a federal felony, so be careful.

Pre-January 1, 1899, antique firearms are generally exempt from a transfer requiring a background check, but be safe and check with your retailer or local law enforcement before you hand over your prized possession.

The next question is whether the person can own the gifted firearm where he or she lives. With more than 20,000 different gun laws on the books, even the kinds of firearms that law-abiding citizens can own vary from place to place. For example, juveniles (under age 18), generally speaking, are precluded by law from possessing a handgun, and some states restrict certain types of firearms and magazine sizes. Check out the ATF website for an overview of local laws or contact your state’s attorney general’s office.

It is legal to purchase a firearm from a licensed firearm retailer that you intend to give as a gift. There’s no law that prohibits a gift of a firearm to a relative or friend who lives in your home state. However, whether you purchase a new firearm or want to gift a gun you already own, keep in mind that some states (California, Colorado, Connecticut, Delaware, Illinois, Nevada, New Jersey, New York, Oregon, Rhode Island, Washington State) and the District of Columbia require you to transfer a firearm through a local licensed firearm retailer so an instant background check will be performed to make sure the recipient is not legally prohibited from owning the gun. Maryland, Minnesota and Pennsylvania require a background check for a private-party transfer of a handgun and other specific types of firearms. Other states also require the recipient of a firearm to have a specific license or permit before taking possession of a firearm. There are exceptions*, so it’s important to carefully check the law of your state or ask your local firearm retailer.

If the person you want to give the gift of a firearm to does not reside in the same state as you, then under federal law you have to ship the firearm to a licensed firearm retailer in the state where the recipient lives who can transfer the firearm after a background check.

Shipping a Firearm

You can only ship a handgun by common carrier (but not U.S. mail) and a long gun by U.S. mail or common carrier to a federally licensed retailer, but not to a non-licensed individual in another state. With all carriers, federal law requires you to declare that your package contains an unloaded firearm. To be safe, always consult your carrier in advance about its regulations for shipping firearms.

Giving a Gun as a Gift

As you can see, there are a lot of things to consider when making a gift of firearm to ensure you do it properly. Using a gift certificate from a firearm retailer near where the gift recipient lives might be the best solution in order to avoid legal pitfalls and state law variations.

If you do purchase a firearm as a gift, consider also purchasing the gift of safety to accompany that firearm.  Most new firearms include a locking device in the box such as a cable lock or trigger lock, and all handguns (new or pre-owned) purchased from federally licensed dealers must be accompanied by a locking device.  There are, however, many secure storage options available to prevent unwanted access, including lock boxes, lockable gun cases, and safes that hold multiple firearms.  Owning firearms and securely storing them when not in use go hand in hand.

It’s often an emotional moment when a treasured family heirloom is passed down to the next generation. These moments are part of what our cherished enjoyment of firearms is all about and represent that unique bond that sportsmen and sportswomen have with their fellow enthusiasts.

So, enjoy the holidays and do it right!

*In New Mexico and Virginia, for example, a background check is required on “sales” of firearms—those transferred for a fee or other consideration—but not when a person transfers ownership of a firearm without compensation or exchanging anything of value. In Minnesota, background checks through an FFL are not required if the recipient has a valid transferee permit. Finally, many states which generally require background checks also have exceptions for transfers between immediate family members. 

Tips & Resources

Find Firearm Retailers Near You – use this link to find an FFL near you who can help you with your transfers and purchases.

Safety Reminders for New Gun Owners – If you’re gifting a firearm this holiday season, make sure the recipient knows the essentials of safe firearm handling and secure storage, especially if they’re first-time gun owners or have children at home. Explore Project ChildSafe® resources for new gun owners.

Other Gift Options for Target Shooters – Not sure what to get the target shooters in your life this holiday season? We’ve got you covered with these 10 great gift ideas.

More Ways to Give – Those who donate to worthy causes, consider making a gift in support of Project ChildSafe, NSSF’s award-winning community gun safety program that helps prevent firearm accidents, thefts and misuse, including suicide. The Project ChildSafe Safety Sweepstakes has opened and offers nine great prizes manufactured or donated by Vault Pro, Swarovski Optik, Optics Planet, Winchester, OpticsPlanet, Sig, Franchi, Pack’n Heat and Hornady. Anyone may enter, and those who are planning to attend SHOT Show^® can enter during the registration process. Funds raised help support NSSF’s Project ChildSafe firearm safety program.

— Courtesy NSSF