Giving a Firearm as a Gift

The Holiday Season is upon us and you may be considering putting firearms under your Christmas tree.  Here are a few things to keep in mind to make sure you are keeping on the right side of state and federal laws.

  • You may not gift a firearm to a person who is prohibited to own firearms
  • In PA, it is legal to give a long gun (rifle or shotgun) to another adult who is 18 years of age or older
  • In PA, it is legal to give a handgun (revolver or pistol) to a spouse or offspring who is 21 years of age or older

Now here is where things get a bit “sticky”.  If you purchase a firearm from a FFL holder you will be required to complete paperwork for a background check.  One of the questions is “Are you the actual transferee/buyer of the firearm(s) listed on this form? Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person.”  As a FFL holder, we prefer that the final owner comes in and does the background check.  This way we can safely say that it was not a Straw Purchase.  As a shopper, if you mention that it is a gift, we know that if you were to fill out the forms you could not truthfully answer the above quoted question.  We would have no choice but to deny the transaction.  (Unless you are buying for a child who is under 18 years of age.  In that case, you would be the legal and responsible owner.)

Now what does this mean for Christmas morning?  We would be happy to allow you to take a photo of the purchased firearm and give you the box to wrap up.  We will keep the firearm and December 26th we will be here and ready to complete the paperwork and background check with the excited, new owner.  We also offer gift certificates as another option.  It is also possible to purchase the firearm in your name and then bring it back after Christmas to be transferred but this will cost an additional $35.00.

 

 

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