Gifting (or selling) a Firearm Across State Lines
By Danielle Wall
Birthdays, holidays, anniversaries, graduations, other special occasions, or just because you want a loved one to be able to protect themselves, here is what you need to know about gifting a firearm across state lines.
The transfer of a firearm across state lines must be done through a Federal Firearm Licensee (FFL) if you want to gift a firearm to someone outside of your home state. This is because federal law is going to govern any transaction that occurs across state lines. An FFL includes gun stores with the license to deal firearms as well as firearm manufactures and licensed gunsmiths. Typically, there may be a small fee in arranging this transfer, but it is the only way a transfer can legally be done between residents of different states.
If you want to make a gift of a firearm to someone outside of your home state, you must take the firearm to an FFL and arrange to have it sent to an FFL in the gift receiver’s home state. Both the gift giver and the gift receiver will want to make sure this transaction happens through the proper channels of an FFL, even though there is no sale occurring. Both parties are guilty of a Federal Felony punishable by up to 5 years in prison and a $5,000 fine if a direct transfer is made without using FFLs.
So, even though the element of surprise is always great when giving gifts, when it comes to gifting a firearm across state lines, the surprise is not worth the potential consequences if the transfer is not done properly. You must go through an FFL in your home state, and the home state of the gift receiver. To find an FFL in your area, you can simply Google: “find an FFL near me” and choose the location which you prefer.
Gifting a Firearm
Our friends at U.S. Law Shield have just released a new video about gifting a firearm. It is an excellent video and will help keep well-intentioned gun gifters from running afoul of the law. Thanks to U.S. Law Shield and our good friend, attorney Emily Taylor from Walker & Taylor, PLLC, the independent program attorneys for U.S. Law Shield in Texas for this wonderful video.
With the holiday season upon us, what makes a better gift than a firearm? Here’s what you need to know under federal law, as long as the recipient is lawfully allowed to possess a firearm, the A TF and the Supreme Court of the United States have repeatedly stated that guns may be purchased and given as gifts.
The A TF even explains this process on their firearms transaction record. Also known as a Form 44 73, specifically in question 11 A, the form explains that a firearm purchased legitimately as a bonafide gift to a third person does not violate the law. But what about those posters you see in gun stores that say, don’t lie for the other guy?
Isn’t buying a firearm for another person illegal? Isn’t that what we call a straw man purchase? Simply put, federal law requires that you be the actual purchaser of the firearm. You can still give a firearm as a gift. But you can’t have a side agreement with a third party to make a purchase on their behalf, and you can’t use that person’s money to buy the gun with the purchase out of the way.
The next question that comes up is the actual transfer or gift. Under state law, the majority of states allow the transfer of a firearm among residents of the same state, so long as the person isn’t disqualified from possessing a firearm. However, you must use caution law regarding the possession and transfer of firearms.
Isn’t uniform throughout the United States and can vary greatly from state to state. Many states impose age restrictions on private transfers of firearms, typically 18 years of age, but it could be as high as 21. Many people have questions about sending a firearm gift to another state. To stay legal, you must have a federal firearm licensee or FFL to facilitate the transfer and shipment of the gun.
This is because it’s illegal for you to gift a firearm to a person who’s a resident of another state without having an FFL in the receiving party state conduct a NS background check. Sending a firearm even as a gift to someone in another state without using an FFL could lead to a serious federal felony and a slew of potential state crimes.
Firearms make great gifts, but there may be some hoops you’ll have to jump through. Some states have restrictions on transfers, registration requirements, and even have outright prohibitions on certain firearms. So take the time to educate yourself to stay on the right side of the law. If you have any questions about gifting a firearm, call US Law Shield and ask to speak to your independent program attorney.
David S. Katz
About Expert Firearm Attorney David Katz. David Katz is an Expert Firearm Attorney and has been practicing law for over 14 years. He began his career as a prosecutor in Seminole County, Florida. There, he gained invaluable experience analyzing how...
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With the holiday season upon us, what makes a better gift than a firearm? Here’s what you need to know under federal law, as long as the recipient is lawfully allowed to possess a firearm, the A TF and the Supreme Court of the United States have repeatedly stated that guns may be purchased and given as gifts.
The A TF even explains this process on their firearms transaction record. Also known as a Form 44 73, specifically in question 11 A, the form explains that a firearm purchased legitimately as a bonafide gift to a third person does not violate the law. But what about those posters you see in gun stores that say, don’t lie for the other guy?
Isn’t buying a firearm for another person illegal? Isn’t that what we call a straw man purchase? Simply put, federal law requires that you be the actual purchaser of the firearm. You can still give a firearm as a gift. But you can’t have a side agreement with a third party to make a purchase on their behalf, and you can’t use that person’s money to buy the gun with the purchase out of the way.
The next question that comes up is the actual transfer or gift. Under state law, the majority of states allow the transfer of a firearm among residents of the same state, so long as the person isn’t disqualified from possessing a firearm. However, you must use caution law regarding the possession and transfer of firearms.
Isn’t uniform throughout the United States and can vary greatly from state to state. Many states impose age restrictions on private transfers of firearms, typically 18 years of age, but it could be as high as 21. Many people have questions about sending a firearm gift to another state. To stay legal, you must have a federal firearm licensee or FFL to facilitate the transfer and shipment of the gun.
This is because it’s illegal for you to gift a firearm to a person who’s a resident of another state without having an FFL in the receiving party state conduct a NS background check. Sending a firearm even as a gift to someone in another state without using an FFL could lead to a serious federal felony and a slew of potential state crimes.
Firearms make great gifts, but there may be some hoops you’ll have to jump through. Some states have restrictions on transfers, registration requirements, and even have outright prohibitions on certain firearms. So take the time to educate yourself to stay on the right side of the law. If you have any questions about gifting a firearm, call US Law Shield and ask to speak to your independent program attorney.
