Can a mom or dad gift a firearm?

[jeepinbanditrider]

It was my understanding that straw purchase laws/rules did not apply when you parents gifted you a firearm or you inherited a firearm. Any truth to this or is this just stuff that is waiting to get folks in trouble?

Thanks,
Josh

[KnightHawk]

BATFE generally regards gifts between immediate family as legit. Providing the recipient is eligible to receive a firearm and under no lawful prohibition. There have been situations where firearms are purchased in other states and where the gifter/giftee do not reside in the same state that have been the source of problems.

[Brickboy240]

Jeez..I hope its legal!

Dad and grandfather have gifted me several firearms.

Yes...I think it is legal.

- Brickboy240

[Ishpeck]

Depends on your state.

Where I live, it is.

[LUVMYSIGP225]

I know this doesn't answer your question, but Sarah Brady did. She openly admitted that she bought her son a Deer Rifle for christmas, and had the balls to say that "didn't count".

A controversy occurred after Sarah Brady recounted in her book that she had purchased a Remington .30-06 rifle with a scope and safety lock at a Lewes, Delaware, gun shop, for her son, James Scott Brady, Jr., "as a Christmas present" in 2000. According to Delaware Justice Department spokeswoman Lori Sitler, this purchase was apparently a "straw purchase". Under the gun laws, her son, as the intended recipient of the weapon, should have undergone the required background checks, although he has no criminal record.
According to a quote in the New York Times, "We hope that it's innocuous and there's been no laws violated," said James Jay Baker, chief lobbyist for the National Rifle Association. "It's obviously interesting that Sarah would be purchasing firearms of any kind for anybody, given her championing of restrictive guns laws for everyone."
Ms. Brady was not indicted by any grand jury, state or federal, in the incident.
Retrieved from "http://en.wikipedia.org/wiki/Sarah_Brady"

[DanTheEldest]

When my brother bought me an M44 for Christmas, he purchased it in his name (filled out the proper paperwork, etc.), and since private transfers are legal in AZ without an FFL, we just wrote up a little receipt saying the gun was transferred from him to me, signed and dated it, and made sure to add that it was gifted. We both kept a copy--completely legal here, but may vary by state.

[Uncle Giggles]

On a related topic, what about gifting firearms between friends? My skeet shooting buddy's birthday is coming up and he wants a magnum revolver as his first handgun, so a bunch of my other friends and I want to chip in some cash to get one for him. Wonder if the law would have a problem with that?

[DanTheEldest]

Originally Posted by Uncle Giggles

On a related topic, what about gifting firearms between friends? My skeet shooting buddy's birthday is coming up and he wants a magnum revolver as his first handgun, so a bunch of my other friends and I want to chip in some cash to get one for him. Wonder if the law would have a problem with that?

Same deal--depends on your state law. Here in AZ, any private transfer (friend or family gift, private sale, whatever) is legal as long as the person doing the transfer has no obvious reason to doubt the legality of the receivee's ability to own it (not a state resident, ex-con, illegal alien, etc). If your state law says it's okay, just pool the funds like you planned, have one guy buy the gun and fill out the paperwork, then do a private-party transfer where both keep some sort of receipt. Responses from Kentucky members would be more specific to your situation, though.

[jeepinbanditrider]

Originally Posted by Uncle Giggles

On a related topic, what about gifting firearms between friends? My skeet shooting buddy's birthday is coming up and he wants a magnum revolver as his first handgun, so a bunch of my other friends and I want to chip in some cash to get one for him. Wonder if the law would have a problem with that?

According to the ATF website you can do private x-fer of firearms as long as the person lives in your state AND you abide by state law.

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

I also found the following

(B14) May a parent or guardian purchase firearms or ammunition as a gift for a juvenile (less than 18 years of age)? [Back]

Yes. However, possession of handguns by juveniles (less than 18 years of age) is generally unlawful. Juveniles generally may only receive and possess handguns with the written permission of a parent or guardian for limited purposes, e.g., employment, ranching, farming, target practice or hunting.

[18 U.S.C. 922(x)]

[malkore]

all good replies. generally a 'straw purchase' means you say you're buying it for yourself, and then reselling it to someone who is not lawfully allowed to purchase said weapon. (or just used their money to purchase it, pretending its for you, and LYING on the form)