Buying a pistol as a gift

[bonefamily]

Hello all. I recently purchased a pistol for my wife as a gift for Christmas. I purchased the gun online and had it shipped to a local FFL dealer. The gun has just arrived and I want to know how buying guns as a gift for another works. I would like to surprise her under the Christmas tree, but I know the gun needs to be registered. Do I register the gun in my name and then somehow transfer it to hers, or do I spoil the surprise and take her with me to pick it up and have it put in her name then and there from the get go? If the former, how much of a fee is this in general? FWIW, I am in Ohio. Thanks.

 

[DaleA]

FWIW
Disclaimer: I am not a lawyer nor have I ever played one on the internets.

Laws vary and you'll have to check with your state.

That said:
1. What you're doing is perfectly legal. Go to the FFL and claim the gun YOU bought. (YOU might HAVE to be the one to do this cause you are the one that actually bought the gun.)
2. Wrap it up and give it to your wife.
3. When she takes possesion of it Christmas day call the cops turn her in for a felon in possession and live happily ever after!

Kidding. Gift her the gun and then see if she has to register it in your area. IMhO after reading scores of these questions you're okay.

PS: My wife wanted to get a Les Bauer 1911 .45 for me for Christmas but the best offer she got was a Hi-Point 9mm, and she still might take it.

 

[Dr Big Bird PhD]

hahahaha #3 was pretty good

 

[Don H]

Does Ohio even register handguns? Most states do not register firearms and there's no federal firearm registration for non-NFA firearms.

 

[Lurch37]

It is my understanding that it is perfectly legal to gift a firearm to your spouse, child, relative, or a friend, as long as they are legally able to own said firearm.

 

[45_auto]

It is my understanding that it is perfectly legal to gift a firearm to your spouse, child, relative, or a friend, as long as they are legally able to own said firearm.

To legally give them a handgun they must be a resident of the same state as you.

Long gun gifts aren't quite as strict, and they vary by state. You would need to look up both parties state laws on that.

 

[bonefamily]

Thanks for the replies and humor, all.

The other three guns we own (2 for me and 1 for the wife), we had to fill out what I thought was registration papers ar our local gun shop. The papers asked all about past legal history and citizenships, and the make and serial number of the pistols, which is why I thought these to be registration papers.

 

[Tom Servo]

Bone, those are sales records to be kept by the dealer for purposes of inspection, and for tracing the weapon should it fall into the wrong hands. They do not constitute a registry, and Ohio doesn't have state registration.

 

[langenc]

Just pick it up and give it to her Dec 25th.

I hope she will use it. Women should shoot several guns, handle a couple dozen and then pick out the one THEY want and will be able to use/carry/whatever.

 

[dogtown tom]

45_auto...
To legally give them a handgun they must be a resident of the same state as you.
Long gun gifts aren't quite as strict, and they vary by state. You would need to look up both parties state laws on that.

The same Federal laws that apply to the transfer of a handgun also apply to the transfer of long guns. Nonlicensees may only transfer a firearm (of any type) with another resident of the same state.

 

[bonefamily]

Great! Thanks everyone for the help.

 

[mitchntx]

or do I spoil the surprise and take her with me to pick it up and have it put in her name then and there from the get go?

That might not be considered a gift, rather a straw purchase.

It's a fuzzy area and hard to understand the difference between purchasing a gun as a gift and purchasing a gun for someone else.

It boils down to intent, I assume. That's hard to prove, IMHO.

 

[Kreyzhorse]

It is perfectly legal to buy a gun as a gift. There is no registration in Ohio.

Simply fill out the back ground check, wrap up the gift and wait for Santa.

 

[AH.74]

That might not be considered a gift, rather a straw purchase.

It's a fuzzy area and hard to understand the difference between purchasing a gun as a gift and purchasing a gun for someone else.

It boils down to intent, I assume. That's hard to prove, IMHO.

As mentioned above, the gift situation is not fuzzy or hard to understand- it's rather clear.

With the husband and wife situation, as long as one of them isn't prohibited, there's no straw purchase as far as I'm aware.

 

[Spats McGee]

Under federal law, buying a firearm as a gift is perfectly legal.

• Person A purchases firearm with his or her own money.
• Person A fills out Form 4473 as the actual purchaser.
• Person A transfers firearm to Person B*.

(*The transfer must still comply with state and federal law. Those requirements will vary depending on the residence of A and B.)

Straw purchases can occur even when both parties are non-prohibited, but as long as Person A is the actual purchaser and actually giving a gift, it's fine.

 

[mitchntx]

What's the line between a gift and a straw purchase?

 

[Rj1972]

(insert not a lawyer and not your lawyer disclaimer here).

Nutshell:
Straw purchase = you give someone money to buy a gun who then gives it to you.

Gift = someone buys a gun with their money, then gives it to you.

I'm sure the legal experts will chime in with a better description, but that's kinda the nutshell.

 

[dogtown tom]

mitchntx What's the line between a gift and a straw purchase?

Gift- You buy a gun and give it as a gift to another resident of your state. Gift means you use your $$$$ and have no expectation of being reimbursed.
Example1: you purchase a gun, give it to a neighbor for his birthday. He says thank you, have some cake.
Example2: Parents buy an AR lower for their 18 yr old son as a Christmas gift. Not illegal under federal law and not a straw sale.


Straw sale- You buy a firearm on behalf of another person. When you complete and sign a Form 4473 you certify under penalty of law that you "are the actual buyer/transferee".

Example3: You are at WalMart and they have marked down Remington 870 shotguns to $150 each. You call up your buddy, neighbor, father, coworkers and ask "Hey!, want me to pick one up for you?" Your buddy, neighbor, etc reply "Oh hell yeah! i'll pay you tomorrow!" You then proceed to buy six of those 870's........thats a straw sale and a felony. The felony is lying on the 4473 you just signed certifying that you are the actual buyer.....you weren't.

Example4: You see the Black Friday ad for $400 Glocks at a local gun store. You tell your wife "Hey! When you go to get milk, swing by Bob's Tactical Armory and Mall Ninja Supply and get me one of thse Glocks.....here's some cash...." Again straw sale because your wife is not the actual buyer/transferee....you are.

Example5: Parents give their eighteen year old son $100 cash as a gift. Son says "Hey mom, I would really like to build an AR from scratch.....would you go down to Bob's Tactical Armory and get it?" He gives his mom the $100, mom fills out the 4473 and commits perjury. She is acquiring a firearm on behalf of another person.

 

[AH.74]

Example4: You see the Black Friday ad for $400 Glocks at a local gun store. You tell your wife "Hey! When you go to get milk, swing by Bob's Tactical Armory and Mall Ninja Supply and get me one of thse Glocks.....here's some cash...." Again straw sale because your wife is not the actual buyer/transferee....you are.

I think this is a gray area if there is one. Who is to say that the gun isn't for both of them? If so, then she is the buyer.

Is the money "his" only? Or is it "theirs?"

Do you factor state property laws into this equation at all?

 

[bonefamily]

Thanks for the replies, everyone. No restrictions to own firearms for the both of us so all is good there. I'll pick it up this weekend and then wait for Santa to pay his visit...