Pistol as a gift

[jvanwink]

I have a pistol that I want to give to one on my children as a gift. What are the legal requirements for transfer of weapon?


Thanks!

[seamusTX]

The recipient must not be legally prohibited from owning a weapon. if you are talking about a person 17-20 years old, about the only common reasons for that would be a felony conviction or being on probation or under indictment or an order of protection. (I am not implying that you are likely to have such problems; I'm just trying to cover all the bases.)

If you're clear in that department, just wrap it nicely.

Gifts are not straw purchases.

Children under 17 fall into a gray area. You can give them a firearm and they can say that it is theirs; but as their parent, you can take it away and even sell it.

You can also run into Penal Code §46.13, which makes it a criminal offense to allow a minor under 17 to have access to a loaded firearm under some circumstances. That law is meant to be used when a child abuses a firearm. Parents have been letting their children hunt and plink in Texas since day 1. Again, I'm just trying to cover all the bases.

- Jim
[Edited to correct typos]

[boomerang]

Jim gave you a very good summary. I just want to add the 46.13 offense requires a "readily dischargeable firearm" (loaded with ammunition, whether or not a round is in the chamber) so the gift giving wouldn't be an offense if the gun was unloaded. Same with them keeping it in their room, as long as there's no ammo in the gun. And as Jim said, 46.13 refers to a child under 17 so if your child is 17+ that doesn't apply.

There's no registration in Texas so you don't have to fill out any forms or keep any record of the gift. As long as they can legally own the gun, it's no different than giving them a baseball glove or clothing or furniture as a gift in Texas.

[KBCraig]

The answers so far are correct, assuming your kid lives in Texas. Except for items bequeathed in a will, all interstate transfers of handguns must be processed through a FFL in the recipient's state of residence. That also means the recipient must be 21.

[seamusTX]

Kevin is correct, of course. I was assuming that the OP lives in Elm Mott, which is near Waco, and his child lives either with him or at least in Texas.

- Jim

[Venus Pax]

The answers so far are correct, assuming your kid lives in Texas. Except for items bequeathed in a will, all interstate transfers of handguns must be processed through a FFL in the recipient's state of residence. That also means the recipient must be 21.

Would an FFL be required if the child were to take the gun home with him/her while traveling by vehicle?

[KBCraig]

The answers so far are correct, assuming your kid lives in Texas. Except for items bequeathed in a will, all interstate transfers of handguns must be processed through a FFL in the recipient's state of residence. That also means the recipient must be 21.

Would an FFL be required if the child were to take the gun home with him/her while traveling by vehicle?

Legally, yes.

The transfer is "interstate" based not on where it takes place, but by where the two parties reside. My next-door neighbor and I could do a trade while standing in Alaska, perfectly legally. But I can't legally sell a gun to a co-worker who lives five miles away in Arkansas, no matter where the trade were to take place.

The key word is "transfer", and "sell" or "give" are irrelevant.

As a practical matter, such "illegal" transfers take place all the time, and no one cares. Unless one of the parties lives in a state with handgun registration, and the recipient subsequently uses the gun to commit a crime, the chances of being caught are minuscule. Mostly because no one cares.

By the way, when it comes to interstate transfers where neither party holds an FFL, the rules are the same for long guns as for handguns. Edit to add: The only difference is that with a long gun, the transfer can take place at an FFL in either state, if both states' laws allow it. For a handgun, it must take place at an FFL in the recipient's state.

[SlowDave]

The recipient must not be legally prohibited from owning a weapon. if you are talking about a person 17-20 years old, about the only common reasons for that would be a felony conviction or being on probation or under indictment or an order of protection. (I am not implying that you are likely to have such problems; I'm just trying to cover all the bases.)

If you're clear in that department, just wrap it nicely.

Gifts are not straw purchases.
<snip>
- Jim
[Edited to correct typos]

So, is this the same situation if it's not a kid? What is the legal definition of a "straw purchase"? If you purchase a handgun and then give it to someone else, family member or not (if there's a difference), what is required for it not to be considered a straw purchase? Let's limit the discussion to where all parties are TX residents for now.

[seamusTX]

Yes. Legally it doesn't matter if the recipient is your child (minor or adult), other relative, or friend.

A straw purchase occurs when the ultimate recipient solicits the sale, and it usually involves payment from the ultimate recipient to the intermediate purchaser.

Sorry if that doesn't make sense, but it's been a long day. Let me give an example:

You are a person who is completely legal to purchase a firearm. Your brother-in-law comes to you and says, "Could you buy a pistol for me at the gun show Saturday? I can't make it because I have to work. I'll pay you cash for it."

So you go to the gun show and pay $400 for a Taurus Millennium Pro 9 mm.

A few days later your BIL pays you the $400 plus a few bucks for gas and your trouble.

That is a straw purchase. It could go unnoticed forever. But if it turns out that your BIL is prohibited from owning a firearm or uses it in a crime, and the police can trace it to you, you could be in big trouble.

There are probably other examples that could be considered straw sales. I'm not an expert by any means. But this is the textbook example.

- Jim

[rm9792]

I dont know that that is a Straw Purchase. I was under the impression that to qualify as such the end recipient has to be barred from purchasing and the buyer goes along with it. I have bought (and sold) stuff for people at shows because they couldnt go due to work and such. They could legally own and purchase but simply cant make it there. Basically if you are skirting the law in any way then it is a Straw Purchase. I hate to be Clintonian here but there are no rules on how long I have to own the firearm before I can resell it is there? This isnt a common occurence, maybe twice a year at most.

[seamusTX]

One of the offenses that is commonly called a "straw purchase" is defined in 18 U.S.C. § 922 (a)(6). You can read the text here: http://trac.syr.edu/laws/18/18USC00922.html" onclick="window.open(this.href);return false;

The gist of it is that it is illegal to make a false statement when purchasing a firearm from a licensed dealer.

One of the questions on Form 4473 is "Are you the actual buyer of the firearm(s) listed on this form?"

Personally, I wouldn't want to have to explain why a firearm that I bought last weekend was found in the possession of someone other than a member of my household. YMMV and all that.

- Jim

[KBCraig]

I was under the impression that to qualify as such the end recipient has to be barred from purchasing and the buyer goes along with it.

No, the "actual purchaser" doesn't have to be barred from purchasing.

It's a straw purchase any time the person filling out the 4473 and making the purchase, is doing so for someone else, and with someone else's money.