Do you have the question can I gift a gun for the holidays? Watch Independent Program Attorney Drew Eddy teach what you need to know before you buy.
Drew: Hi folks my name is Drew Eddy. I am an attorney with U.S. LawShield. And I am coming to you today from beautiful Denver, Colorado. Here to talk to you about a few gun issues. Starting with the law surrounding gifting a gun or giving a gun as a gift.
Generally speaking, it is an absolutely legal thing to do. But you should go through an FFL. It is required by state law to do so. FFL stands for Federal Firearms License. The person conducting the transfer will request a background check and obtain state approval and record that transfer.
There are a number of exceptions to the FFL requirement that may be pertinent to your own personal situation. But the main exceptions that most people find themselves in include receiving a gun as an inheritance or giving a gun to an immediate family member. Under both of those circumstances, an FFL is not required.
I would like to give a rifle to my cousin in North Carolina and two handguns to a friend in South Carolina. If I take the firearms with me to each state, do I need to use an FFL holder in each state to transfer ownership?
Thanks
Hi Frank. Thank you for your question. Please see the below response from one of our Independent Program Attorneys in Colorado.
“Yes, an FFL is required for every transfer of a firearm between individuals that live in different states. You must use an FFL from the state where the transferee lives and the transferee must fill out a form 4473. Depending on the state, the FFL must then contact either the FBI or the state law enforcement agency to conduct a NICS background check before transfer may take place.”
My step father bought me a handgun in Montana. I live in Colorado and am wanting to sell the gun to a friend. Can I just go to an FFL and transfer over the gun to my friend or is their something else I have to do?
My sister had given me a 9mm smith and Wesson handgun. She claims we don’t need to go to an ffl when I asked her to go with me to complete a transfer. We both are resident so of Colorado for over 5 years. Just curious cause I want to make sure and follow the laws
If I gift a gun to my wife is there any paper work that I need to do since I am not going through an FFL?
Thanks!
Regarding firearms transfers, what is the definition of “immediate family member”?
I would like to gift a gun to my father in California. I live in Colorado. I would like to purchase a new gun that I think he would like. Is there rules on what kind of gun you can gift? Does it have to be a used gun? Can it be new that you just purchased with the intent of gifting it to my dad as a christmas present. He doesn’t know I am gifting him a weapon. Plan to use FFL here in Colorado to make the transfer to a FFL in Caifornia.
thanks,
I am in Colorado-would like to Gift one of my 9mm to my son. Do I need an FFL or do I need to fill out and special form to transfer.??
Can I gift a gun to my mother if she is a felon?
No
My brother passed away in June. His widow wants to give me his firearms. We are both residents of Co, so is an FFL necessary? Just want to make sure we handle this transfer correctly.
Resident of the apt complex I work at died. His sister (only relative and out of state) said she wants nothing to do with any of his belongings and has signed the apartment and all belongings over to the apt complex. In those belongings was a 9mm handgun. How would somebody go about transferring ownership of that handgun?
This is a great question for our program attorneys. Are you a member? Our members can contact the non-emergency member hotline to get answers to these questions. Please visit our website for more information: http://www.uslawshield.com
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