Can I Gift a Firearm in Texas?
Do you have the question, can I gift a gun for the holidays? Watch this video with Independent Program Attorney Edwin Walker teaching what you need to know before you buy.
Gifting a Firearm in Texas
Edwin: Hi I’m Edwin Walker, Independent Program Attorney for U.S. LawShield. It’s that time of year again when we give gifts to those that we love and care about. Some of you may care enough about your loved ones to give them the gift of a firearm for self-defense.
Many of you may be familiar with the ATF slogan: Don’t Lie For the Other Guy, and know that it is a federal felony to buy a gun as a straw purchaser for someone else. Obviously, this law is to prevent someone who is disqualified from obtaining firearms. However, this law also applies even if the person is not disqualified.
Form 4473 Rules
Does this law impact your ability to purchase a firearm as a gift? The simple answer is no. In fact, the ATF goes to great lengths to explain this in the instructions for ATF Form 4473 Question 11A: If the firearm legitimately purchased as a bona fide gift to a third person it does not violate the law.
This is straight-forward enough but it is really only half the story. You may be able to lawfully purchase a firearm as a gift, but you must be sure the person to whom you are giving the firearm is eligible to receive it. It is a violation of the law to sell, rent, lease, loan, or give a firearm to a person who the transferrer knows is disqualified from purchasing or possessing a gun because they are a convicted felon, convicted of a crime of domestic abuse, subject to a family violence protective order, or subject to some other federal disqualification.
Texas Gun Purchase Background Check
Further, it is illegal for you to purchase and give a firearm to a person who is a resident in another state without having a federally-licensed firearms dealer conduct a background check on the individual receiving the gun.
Also, you may want to consider that when giving a firearm as a gift that there are so many variables and personal preferences involved with regard to make, model, features and caliber that it might be better to give that person a gift certificate to their favorite gun store.
The information provided in this presentation is intended to provide general information to individuals and is not legal advice. The information included in this publication may not be quoted or referred to in any other publication without the prior written consent of U.S. LawShield, to be given or withheld at our discretion. The information is not a substitute for, and does not replace the advice or representation of a licensed attorney. We strive to ensure the information included in this publication is accurate and current, however, no claim is made to the accuracy of the information and we are not responsible for any consequences that may result from the use of information in this publication. The use of this publication does not create an attorney-client relationship between U.S. LawShield, any independent program attorney, and any individual.
I had gifted a shotgun to my son in law for christmas, we are both in Texas. But in a few months he sold it to someone else to buy a pistol. Is this illegal? and since I did the documentation, where do I stand.
Completely legal. No paper trail unlike other states, but if you gifted it then he in turn sold it I don’t see anything wrong with this in Texas. Having lived in other more restrictive and nonrestrictive states some folks to cover their behind do a bill of sale between two parts and have requirements like must have a CCW which helps ease where the new owner can pass a background check. The bill of sale serves as an affidavit showing the seller went through the transaction with good intent. But it’s all personal preference, I’ve done buys when I lived in other states with and without these requirements, it’s all up to the seller and how they want to handle the sale. My experience in Texas that it’s usually none of the sellers business what you do with it but some sellers will have either a CCW requirement or bill of sale but not all.
But doesn’t the gun have ur name registered in it then the other person kills some one it’s traced to u??????
I’m having a skeet shoot with some old army buddies and wanted to gift one of my old shotguns as a prize. Will that be a problem?
My husband bought me a gun as a gift for my birthday in his name and we are getting a divorce. He told me that I have to register it in my name or I can’t take it. What should I do? Thank you.
I have a my ant gave me a gun she moved now won’t it back what do I have to do
Academy sports and outdoors says you can’t per store policy which is sad. I know because I’m a firearm salesman there.
Can’t what?
Well I would imagine that they are talking about gifting a firearm which is what the entire thread is about but, you know, maybe that’s just me.
Hello, my dad is a Texas resident and wants to gift me a handgun but I am a resident of Oklahoma. Anyone know the proper procedure I need to follow in order to legally transfer ownership of this gun?
This is a great question. If you’re a member, please call our non-emergency line to get an answer from an independent program attorney at 877-448-6839.
I am under 21 & military. I took the class and got my LTC at 19. I was told if someone purchased me a handgun as a gift that it is legal and I could legally carry it, but now I am being told the opposite. Not sure which answer is correct at this point.
I am a Texas resident.
This is a great question. If you’re a member, please call our non-emergency line to get an answer from an independent program attorney at 877-448-6839.
I plan to visit my son in Texas this summer. At that time he wishes to give me a pistol as well as return a rifle I loaned to him for a deer hunt several years ago. Is that legal do we need to transfer thru an FFL?