It may not be anywhere close to Christmas yet, but you already have a list and you’re checking it twice. Whether you’re thinking of getting that hunter in your life a new shotgun, or a carry gun for someone who just got a Right-to-Carry permit, firearms are still a very popular gift item. For those who have never gifted a gun before, it may seem as simple as going to a store and picking one up.
Stop. Hold. Wait a second. Before you set foot in the gun store, there are some things to consider. In this part of our Buying and Selling a Firearm series, we’ll discuss the process of giving firearms as a gift. You might want to familiarize yourself with other basics, such as background checks, private sales, and gun shows:
Giving someone a firearm carries a certain level of legal responsibility that does not come with gifting iPads or socks. You should know the laws that apply to buying firearms as gifts for another person.
First things first, if you have reasonable cause to believe the person you’re gifting a firearm to is prohibited from possessing a firearm or ammunition, or that the person will use the firearm in a crime, you are committing a felony. Don’t do this.
So, you’ve done your research, and are ready to purchase the firearm. Now how do you actually give your intended recipient their gift? Well, if you are in the same state, you could just hand it to them yourself. There’s no national law that prevents someone from giving firearms to a friend or family member in the same state, but there are plenty of state laws regarding it. For example, states such as California, New York, and Colorado require you to transfer the firearm through a local firearms retailer or FFL, where a background check will be conducted on the person you want to give the gun to. In some states, even the transfer of an old family heirloom can require going through an FFL. You can check up on a comprehensive list of state laws at the NRA-ILA website here.
However, if you want to give a firearm to someone who lives in another state, you are required to go through an FFL. Transfers between non-FFL residents of different states cannot be done any other way. Above all, make sure to consult all applicable state laws but reviewing the NRA-ILA website before you give someone a firearm.
Continue reading at: http://www.outdoorhub.com/stories/2016/04/12/buying-selling-firearm-giving-gun/