The season of giving is coming upon us and a question I get asked often around this time of year is “Is it legal for me to purchase a gun for someone else as a gift?” The short answer to this is YES… but it is not a very cut & dry answer. There are a few things you should be aware of when it comes to ‘gifting’ a firearm to someone. Federally it’s legal to give a gun as a gift to another person, as long as that person is not a prohibited person. Of course, in giving the gift, you must follow all applicable federal laws. So, I am going to give you a couple of popular scenarios to use as a reference;
As a parent, am I permitted to give my minor child that lives with me a firearm? –YES- You can gift a gun to a child. However, they won’t be able to legally take possession of it until they reach legal age. Which is 18 for long guns (rifles/shotguns) and 21 for handguns. They can use the gun with the supervision of an adult and even hunt and compete with firearms as long as they have permission from their parents. In fact, even if your child is of legal age to own a firearm and lives in a different dwelling you can still gift a gun to them as long as you both live in the same state!
*When it comes to gifting a firearm to a family member* “A TRANSFER THAT IS A BONA FIDE GIFT OR LOAN BETWEEN IMMEDIATE FAMILY MEMBERS, WHICH ARE LIMITED TO SPOUSES, PARENTS, CHILDREN, SIBLINGS, GRANDPARENTS, GRANDCHILDREN, NIECES, NEPHEWS, FIRST COUSINS, AUNTS, AND UNCLES do not legally require a background check to be performed.” HOUSE BILL 13-1229(6)(b) Just remember to be mindful of following other laws, if they are someone that is considered a “prohibited person” (even if they are family), it is ALWAYS illegal to transfer a firearm to them!
I am in the military and I want to give my friend in my home state a gun for Christmas. Since I’m going back home for Christmas can’t I just take the gun with me and give it to him there? -NO- Since you are not residents of the same state, you cannot transfer a gun to him without going through an FFL.
I want to give my boyfriend a gun for his birthday. If I were to bring him in to do the background check and I am the one paying, is it considered a Straw Purchase? – NO- According to an ATF agent I spoke to a few years ago, they said “The ATF doesn’t care who the ‘money man’ is, the part that carries the most importance is that the person who will be taking possession of the firearm is the person that is completing the background check”. -----A straw purchase is when you purchase a firearm on behalf of another person, because either that person is not of age, has a medicinal marijuana license, cannot pass a background check, is a felon, or is otherwise prohibited from owning a firearm.----- This is not giving a gift. Giving a weapon as a gift is NOT a straw purchase.
You are the real buyer, even if you intend to give the gun to another person. However, if you are planning on ‘gifting’ a gun, Colorado requires that the person acquiring the firearm (giftee), must complete and pass a background check through a Federally Licensed Firearms dealer. This is considered a “Private Party Transfer” and we complete them all the time. So please don’t hesitate to ask us if you need clarification on when this type of transfer is required.
***Best way to make sure you’re not breaking the law…***
Although I know some people despise giving “Gift Cards” as a gift, it is actually the safest bet when it comes to firearms. That way the receiver can purchase EXACTLY what they want and they’re the one completing the background check, so there is no concern that you may be inadvertently breaking the law. These were just a couple of popular examples, but it definitely doesn’t cover EVERY scenario, so if you have any questions at all, please feel free to ask us, that’s what we are here for!
As a parent, am I permitted to give my minor child that lives with me a firearm? –YES- You can gift a gun to a child. However, they won’t be able to legally take possession of it until they reach legal age. Which is 18 for long guns (rifles/shotguns) and 21 for handguns. They can use the gun with the supervision of an adult and even hunt and compete with firearms as long as they have permission from their parents. In fact, even if your child is of legal age to own a firearm and lives in a different dwelling you can still gift a gun to them as long as you both live in the same state!
*When it comes to gifting a firearm to a family member* “A TRANSFER THAT IS A BONA FIDE GIFT OR LOAN BETWEEN IMMEDIATE FAMILY MEMBERS, WHICH ARE LIMITED TO SPOUSES, PARENTS, CHILDREN, SIBLINGS, GRANDPARENTS, GRANDCHILDREN, NIECES, NEPHEWS, FIRST COUSINS, AUNTS, AND UNCLES do not legally require a background check to be performed.” HOUSE BILL 13-1229(6)(b) Just remember to be mindful of following other laws, if they are someone that is considered a “prohibited person” (even if they are family), it is ALWAYS illegal to transfer a firearm to them!
I am in the military and I want to give my friend in my home state a gun for Christmas. Since I’m going back home for Christmas can’t I just take the gun with me and give it to him there? -NO- Since you are not residents of the same state, you cannot transfer a gun to him without going through an FFL.
I want to give my boyfriend a gun for his birthday. If I were to bring him in to do the background check and I am the one paying, is it considered a Straw Purchase? – NO- According to an ATF agent I spoke to a few years ago, they said “The ATF doesn’t care who the ‘money man’ is, the part that carries the most importance is that the person who will be taking possession of the firearm is the person that is completing the background check”. -----A straw purchase is when you purchase a firearm on behalf of another person, because either that person is not of age, has a medicinal marijuana license, cannot pass a background check, is a felon, or is otherwise prohibited from owning a firearm.----- This is not giving a gift. Giving a weapon as a gift is NOT a straw purchase.
You are the real buyer, even if you intend to give the gun to another person. However, if you are planning on ‘gifting’ a gun, Colorado requires that the person acquiring the firearm (giftee), must complete and pass a background check through a Federally Licensed Firearms dealer. This is considered a “Private Party Transfer” and we complete them all the time. So please don’t hesitate to ask us if you need clarification on when this type of transfer is required.
***Best way to make sure you’re not breaking the law…***
Although I know some people despise giving “Gift Cards” as a gift, it is actually the safest bet when it comes to firearms. That way the receiver can purchase EXACTLY what they want and they’re the one completing the background check, so there is no concern that you may be inadvertently breaking the law. These were just a couple of popular examples, but it definitely doesn’t cover EVERY scenario, so if you have any questions at all, please feel free to ask us, that’s what we are here for!
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