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The Do’s and Don’ts of Gifting a Gun—Read This First

Gifting a firearm is a gesture that combines sentimentality and practicality, but it comes with significant legal and ethical responsibilities. As the holidays or special occasions approach, the topic of gun gifting raises many questions about legality, safety, and best practices. Insights from Emily Taylor and Richard Hayes of Armed Attorneys, Caleb Giddings of Gunday Brunch, and Kiya Edwards of KARE 11 offer valuable perspectives on what you need to know before wrapping up a firearm for a loved one.

Is It Legal to Gift a Gun?

Is It Legal to Gift a Gun
Image Credit: Gunday Brunch

Caleb Giddings opens his video on Gunday Brunch by addressing the most pressing question: is it legal to give someone a gun as a gift? The answer is yes, but there are caveats. Federal law allows the gifting of firearms as long as the recipient is legally permitted to own one. However, Giddings emphasizes that while this is straightforward in free states, more restrictive states may have additional requirements, including mandatory background checks for the recipient.

Emily Taylor and Richard Hayes from Armed Attorneys expand on this, noting that gifting a gun across state lines requires compliance with federal law, typically involving a licensed firearms dealer (FFL). They stress that knowing your recipient’s legal eligibility is crucial to avoid inadvertently breaking the law.

State Laws: A Patchwork of Rules

State Laws A Patchwork of Rules
Image Credit: Armed Attorneys

When it comes to state regulations, Taylor and Hayes underscore the importance of understanding local laws. In their Armed Attorneys discussion, they explain that while federal law is permissive within the same state, some states impose stricter guidelines. For example, certain states require background checks even for private transfers, while others allow gifting only to immediate family members.

Kiya Edwards from KARE 11 highlights Minnesota’s rules, which permit minors under 16 to possess a firearm only under specific conditions, such as being accompanied by a parent or participating in an organized shooting program. For minors aged 14 to 15, a firearm safety certificate may grant additional independence.

Navigating Interstate Transfers

Navigating Interstate Transfers
Image Credit: Survival World

Taylor and Hayes caution that gifting a gun across state lines is where things get complicated. Federal law prohibits private transfers between residents of different states without involving an FFL. If you’re considering such a gift, the gun must be sent to an FFL in the recipient’s state, where they will undergo a background check before taking possession.

This process, while legal, can be burdensome, which is why Giddings advises considering alternatives like gift cards for a gun store. “It’s simpler, and the recipient can choose the firearm they want while navigating the legal requirements themselves,” he explains.

Ensuring Recipient Eligibility

Ensuring Recipient Eligibility
Image Credit: Survival World

Knowing the recipient’s legal eligibility is non-negotiable. Giddings advises against gifting firearms to anyone with a questionable background. “If you have a sketchy uncle who used to rob banks, maybe don’t give him a gun for Christmas,” he quips, underscoring the seriousness of ensuring the recipient has no disqualifying factors, such as felony convictions or restraining orders.

Taylor and Hayes echo this sentiment, adding that ignorance of the recipient’s status isn’t always a defense. If you knowingly give a firearm to someone prohibited from owning one, you could face severe legal consequences.

Safety First: Training and Accessories

Safety First Training and Accessories
Image Credit: KARE 11

John Monson of Bill’s Gun Shop & Range, interviewed by KARE 11’s Kiya Edwards, stresses the importance of safety when gifting a firearm. “If you’re going to give someone a gun, make sure they’re trained,” he advises. Monson recommends including a gift certificate for a training course or range time as part of the gift to ensure the recipient understands proper handling and safety practices.

Additionally, Monson suggests providing a gun lock with the gift. Many modern firearms come with built-in safety features, but for older models, programs like Project ChildSafe offer free safety kits, including cable-style locks.

Documenting the Transfer

Documenting the Transfer
Image Credit: KARE 11

Taylor and Hayes recommend documenting the transfer in states where it isn’t legally required. While opinions vary on this practice, they note that having a bill of sale or written record can protect both parties. For instance, if the firearm is stolen and later traced back to you, documentation can prove you no longer own it.

On the other hand, Giddings advises against unnecessary documentation in free states, arguing that it can introduce complications. “Cash only, no papers,” he jokes, reflecting the perspective of some gun owners who prefer simplicity.

Gifting Guns to Minors

Gifting Guns to Minors
Image Credit: KARE 11

Gifting a firearm to a minor comes with additional considerations. Monson and Edwards discuss Minnesota’s laws, which allow minors to possess firearms only in specific contexts, such as under parental supervision or with a safety certificate. Monson advises parents to be mindful of these rules and to focus on education and training when introducing children to firearms.

The Role of FFL Dealers

The Role of FFL Dealers
Image Credit: Survival World

FFL dealers play a critical role in ensuring legal compliance during gun transfers. If you’re gifting a firearm across state lines, Taylor and Hayes explain that using an FFL dealer is the safest way to navigate the transfer. The dealer will handle the recipient’s background check and ensure all state and federal requirements are met.

Giddings adds that even for in-state transfers, using an FFL can provide peace of mind, especially in states with complex regulations. “It’s better to spend a little extra to ensure everything is above board,” he says.

Avoiding Straw Purchases

Avoiding Straw Purchases
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Both Armed Attorneys and Giddings caution against straw purchases, where someone buys a firearm on behalf of another person. While gifting a gun is not the same as a straw purchase, the distinction can become blurred if the intent is unclear. Taylor and Hayes emphasize that the gift must be a genuine, no-strings-attached transfer.

Gift Cards: A Simpler Alternative

Gift Cards A Simpler Alternative
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Giddings and Monson both suggest that a gift card to a gun store can be a practical alternative to gifting a firearm outright. This approach allows the recipient to choose a firearm that fits their needs and preferences while handling the legal requirements themselves. As Giddings notes, it also enables them to purchase accessories like holsters or ammunition.

Safety Beyond the Gift

Safety Beyond the Gift
Image Credit: Survival World

Beyond the act of gifting, ensuring ongoing safety is vital. Monson emphasizes the importance of secure storage, particularly in households with children. Investing in a gun safe or trigger locks as part of the gift demonstrates a commitment to responsible gun ownership.

A Thoughtful and Lawful Gesture

A Thoughtful and Lawful Gesture
Image Credit: Survival World

Gifting a gun can be a meaningful gesture, but it’s one that requires careful planning and adherence to legal and safety guidelines. As Emily Taylor, Richard Hayes, Caleb Giddings, and John Monson highlight, understanding the laws, prioritizing safety, and considering alternatives like training or gift cards can make the experience positive and hassle-free. By taking these steps, you can ensure your gift is both thoughtful and responsible.
To dive deeper into this topic, check out the full videos on the Armed Attorney’s YouTube channel here, on Gunday Brunch’s channel here, and on KARE 11’s channel here.