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
I understand that FedEx will not take long arms, only handguns. Why the Post Office does the opposite is a complete mystery.
I once shipped a lower receiver to a family member within the state. Of course it was in a small box, so the lady at USPS was understandably confused when I declared that it was a firearm but not a handgun. Fortunately she knew how an AR gets put together, and with the fact that the lower is a “firearm,” she sent it off.
UPS and FED EX NO LONGER ACCEPT FIRARM SHIPMENTS FRON NON-Licensees. (FFL DEALERS) This is their company policy as of several years ago and as private companies they can do as they wish. It is not illegal under federal law for a non-licensee to ship a firearm to a licensed manufacturer, dealer or importer OR to YOURSELF. If you don’t tell them it’s a firearm and it gets lost or stolen they will not honor insurance. You CANNOT ship a handgun through the US Postal service or any ammunition, primed brass or powder through USPS. You risk HUGE fines and/or Jail time. Also, only USPS will ship registered Machineguns. Hopefully Congress will someday change USPS regulations and allow the lawful mailing of handguns to other licensees AND yourself. Try going to Alaska. You can’t ship your bear defense handgun to yourself, you can’t have it shipped to a FFL because it can’t be transferred to a non-Alaska resident (YOU), You can’t have someone else do the background check for you (straw purchase), you can’t bring it through Canada either. Your ONLY option is through checked airline luggage. Cruise ships don’t allow firearms either.
The Alaska Marine Highway allows you to have guns in your vehicle. I’ve brought bear protection with me for 30 years on the “Blue Canoe.”
“You can only ship a handgun by common carrier (but not U.S. mail)…”
This is true for the general public, but certain licensed individuals or entities (such as FFLs) may ship handguns via USPS, depending on the category of handgun, the type of license the sender holds, and the type of license the addressee holds.
h ttps://www.atf.gov/firearms/qa/may-licensee-mail-handguns-through-us-postal-service
h ttps://pe.usps.com/text/pub52/pub52c4_009.htm
My son collects mil-surp. (He owns plenty of drastic plastic also, so don’t get the vapors) . Anyway, I have a nice G-43 stashed in a friends safe for his Christmas. He has the combinations to all of mine. Private sale. Government, go away, until I call YOU.
Federal Law has restrictions gifting to family across state lines. The feds want a NICS according to local FFLs. On top of the transfer I’ve been told by local FFLs I’ll need to travel to my family’s state to process (for a long gun). Now if they lived in the same state I just gift wrap it and put it under the tree.
It Seems Others Interested in How Gallup Keeps Getting It Wrong.
h ttps://bearingarms.com/tomknighton/2024/11/19/it-seems-others-interested-in-how-gallup-keeps-getting-it-wrong-n1226934
How Biden DOJ Manipulated Violent Crime Data.
h ttps://bearingarms.com/tomknighton/2024/11/19/how-biden-doj-manipulated-violent-crime-data-n1226931
This article sounds awfully wussy.
Did you get the HR lady to write it?
Here is a better, and much more concise article on the topic.
“Enjoy giving a firearm to your friend or family member. We recommend that you obey applicable laws.”
Or Not. YMMV
pops bought it in the catskills, took it to michigan, then illinois. when he died, moms gave it to my brother who took it to pennsylvania. he just passed, his wife gave it to me.
who cares.
Washington State allows gifts between family members without going to a FFL.
I get my jollies from taking people’s guns not giving them.
And the fun part is no law stands in my way.
Steven, you haven’t met the right man yet. But, you keep trying. You will.
It’s not the law you should be concerned about.
Darkman,
I am the law.
I am the BATFE.
I am the Senate.
your giving me tachychardia.
Mass Stabbing In Gun Controlled New York Proves The Government Can’t Keep You Safe.
“Evil doesn’t care about laws, bans, or restrictions. In a shocking stabbing spree across Manhattan, three innocent lives were taken by a man with a violent criminal history and severe mental health issues—yet he was free to roam the streets.
In this video, I break down the harsh reality of disarmed societies, the failure of gun control, and why self-defense is a right we can’t afford to ignore.
With New York’s strict gun laws leaving law-abiding citizens defenseless, the question remains: How do we truly protect ourselves in a world where evil finds a way?
Watch as I expose the dangerous delusion behind banning tools instead of empowering people, and join the fight for real solutions.”
h ttps://www.youtube.com/watch?v=F75yr99dvVY
What He Can and Can’t Do to Protect Your Second Amendment Rights.
“While checking out the Trace, we came across several articles being written by authors who are completely losing their mind over the Trump re-election. Washington Gun Law President, William Kirk, discusses many of their concerns with inauguration day a little over two months out. But it got us thinking that many of these are actually good ideas. So today, we explain them all to you so that you can arm yourself with education.”
h ttps://www.youtube.com/watch?v=ZJKcOImaurQ
80% of government offices are vacant! Does Elon Musk know how useless and burdensome the ATF is?
h ttps://www.youtube.com/watch?v=MRfWZc_aFpI
Vivek Ramaswamy’s ‘jackhammer and chain saw’ plan to force federal workers back into the office
Eighteen months after the pandemic ended, nearly two-thirds of the country’s 2.2 million federal workers are still approved to work from home.
h ttps://www.nbcnews.com/politics/2024-election/ramaswamys-jackhammer-chain-saw-plan-force-federal-workers-back-office-rcna180732
FBI Stops 9/11 Style Terror Attack? (note: arrested an ‘actual’ terrorist instead of a parent at a school board meeting or surveilling people going to church ’cause catholic)
h ttps://www.youtube.com/watch?v=xgIGdmYeFHY
I wonder, was this an actual terrorist or one the FBI groomed and then set up to take the fall.
Considering the current condition of the DoJ and Famous But Incompetent, I’d suspect the latter.
Now, go and explain the hoops you have to jump through when you INHERIT a firearm and have to cross state lines to pick it up. Its your property now, but it resides somewhere else…..
Federally, no hoops at all. 18 USC 922 (a)(5) exempts inheritance from using an FFL, so you can just go where the guns are and bring them home – for the Feds.
Your home state may stick in its oar. One example: California exempts inheritance from using an FFL only for its narrow group of “immediate family”, patent-child or grandparent-grandchild.
I am giving out some really nice C02 air pistols with a case and reticle sight and a silencer!
No regulations.
Here in Washington, I heard of an interesting situation. Two long time friends since high school, now both seniors in their mid 60s when one becomes terminally ill. The sick friend had never been a gun guy and the other friend was. In his terminal years, he decided to embrace gun ownership big time, having several ARs built including an AR pistol with an arm brace. On top of that, both friends parents had passed and the terminal friends parents had left him with a number of weapons. September of 23 the friend passed away. Per the dear departed friends will, all the weapons and personal property were gifted to the friend. So they got loaded up and taken home.
But wait, there’s more! Since Washington State banned AR style weapons and per state law on gun transfers, the weapons should have been delivered to an FFL where the banned weapons would have been held in limbo…. for F—–ing ever.
As one can well imagine, all those Washington state laws were essentially laughed at and wholly ignored without out a second thought.
The horror!