In the United States, it is legal to gift someone a firearm as long as they are legally allowed to have it and you follow the legal procedure. This happens every day across the country, even when people buy guns, firearms and guns online. Gifting a firearm can be fun, but there are procedures that you need to follow and several other issues that you should be aware of. Here is what you should know about gifting firearms.
Reasonable Doubt
Before you gift a firearm to anyone, you must think about what that person is going to use it for and if they are allowed to have it. Reasonable doubt is a concept that is used to determine if you should gift the firearm or not. You have reasonable doubt if that person is:
- Underaged in their state
- Unlicensed in their state
- Disqualified from having a firearm (i.e. felony conviction, etc…)
- Will fail a background check
- Is likely going to use in a crime
If you have reasonable doubt concerning the person you are planning on gifting a firearm to, you are legally not allowed to gift that person a firearm for any reason. Doing so is a felony, and you could face penalties the same as the person to who you gifted the firearm. That means you could be charged with murder if that person kills someone with your gift.
State Laws Define the Gifting Process
State laws determine how you can gift a firearm. Every state has different regulations, so you need to know what the regulations are in your case. If you are in the same state, then the process is simpler. In some states, you can give the gun as a gift without any additional work. In other states, it has to be transferred through the same process as buying a new gun for yourself. This means that you have to transfer it through a licensed dealer. If the person lives in another state, you also have to go through an FFL-licensed dealer, no exceptions.
Finish the Transfer
One important part of the process that many people don’t think about is the actual transfer itself. When you purchase the firearm to gift it, you are the owner until it is legally transferred. Giving the other person the gun is not enough to transfer it. You have to fill out the paperwork so that the gun is no longer yours and officially belongs to the other person. This is critically important since you are responsible for that firearm until the transfer is complete. Having a firearm out of your possession that you own, even if you trust the other person, is not a good idea. Make sure that you finish the transfer after you deliver the firearm to the recipient.
Get Help from an FFL
Teaming up with an FFL-licensed dealer is one of the best ways to securely and safely gift a firearm to someone. At Lakeshore Guns, we can help you with the process of finding, buying, and gifting a firearm from any of the leading manufacturers or independent firearms manufacturers. Call us at (269) 857-2248 to discuss the process and get the firearm for your loved one.