How to receive a gun as a gift?

[pips]

I am 20 years old and my sister, that is 21, wants to purchase me a handgun as a gift for my belated birthday. What is the process and the laws to go about this particular situation?

I know that I can legally possess a handgun, but I do not know the specifics. If you could provide the actual laws that would be great, because I will have to show the legal process to my sister so she doesn't feel she is doing something illegal. Thanks a lot for your replies

[seamusTX]

Welcome to the forum.

Assuming you both live in Texas, she buys it and hands it to you. That's it.

P.S.: Not in the store. Gun store owners and employees are trained to watch for that sort of thing as evidence of a straw purchase. Men who are not eligible to buy a firearm due to their criminal history often have girlfriends buy for them.

Also, your sister will have to buy the ammo if it's a caliber that is used mainly or only in handguns, such as 9 mm Luger. The big stores like Academy have this programmed into their cash registers, and there's no arguing with them.

The only Texas law on this subject is Penal Code 46.04 and 46.06.

http://www.statutes.legis.state.tx.us/D ... .htm#46.04" onclick="window.open(this.href);return false;

Federal law allows giving firearms as bona fide gifts with no further paperwork.

http://www.atf.gov/firearms/faq/unlicen ... d-transfer" onclick="window.open(this.href);return false;

- Jim

[Purplehood]

Also, your sister will have to buy the ammo if it's a caliber that is used mainly or only in handguns, such as 9 mm Luger. The big stores like Academy have this programmed into their cash registers, and there's no arguing with them.

Jim, what do you mean by this? Are you saying that the store has to have a record of the ammo buyer having purchased the handgun, or are you saying that you must be 21 to buy ammo; or something completely different?

I am confused here.

[Carry-a-Kimber]

Also, your sister will have to buy the ammo if it's a caliber that is used mainly or only in handguns, such as 9 mm Luger. The big stores like Academy have this programmed into their cash registers, and there's no arguing with them.

Jim, what do you mean by this? Are you saying that the store has to have a record of the ammo buyer having purchased the handgun, or are you saying that you must be 21 to buy ammo; or something completely different?

I am confused here.

They key in your DOB, I think that is what Jim is reffering to. They only do it to me about 50% of the time, I must be a familiar face around there.

[seamusTX]

You have to be 21 or older to buy handgun ammo.

If you look younger, I guess they card you. What little hair I have left is gray, and my son is older than 21.

They do not record any information specifically about ammo purchases, except maybe at Wal-Mart. That went out in 1987.

Academy asks for your ZIP code for demographic purposes, and you're free to say 00001 (which I don't think is a real ZIP code).

- Jim

[The Annoyed Man]

My son, who will be 21 in January, bought pistol ammo at a local Academy without an ID check just a couple of weeks ago. That same store has also recently not sold him the exact same kind of ammo, after asking to see his TDL. Also, this same store has let him buy pistol ammo after first declining him, after I identified myself as his father and saying "it's OK, he's with me" - I having just bought my own ammo right before him.

The law says he can't buy his own right now, but I don't think most store employees are fully up to speed on that.

[seamusTX]

I could buy liquor when I was 18. The legal age at that time in that place was 21. It's all a question of how old the person looks and how much the seller cares about the law—or doesn't.

A few years ago, Academy's cash registers were mistakenly programmed to require all ammo purchasers to be at least 18 years old. I happened to be buying some ammo when a manager was training a new employee and explicitly said that the buyer had to be 18, period.

Later they programmed in the distinction between handgun and long gun ammo. I've noticed it with .22 LR and 9 mm.

- Jim

[pips]

Thanks for the informative reply. So basically, the only restrictions are if I am a felon. The gun department guy at the Academy my sister works at told her that she would "have to get the gun transferred in the gift recipient's name." I think she failed to mention to the man that the recipient's age was 20.

Also, if I give my sister money to buy the ammo I am going to be using at the range, is that considered a straw purchase?

[The Annoyed Man]

In the cases I mention above, it was .45 ACP pistol ammo being bought. However, he has purchased .223 ammo there a number of times, and they have never bothered him.

I guess that he looks "mature" for his hage - meaning that he doesn't take after me.

I suppose too that maybe they recognize him as a regular ammo customer, and it just didn't occur to them to card him when he was buying pistol ammo. But like I said, I've seen them decline him too.

[seamusTX]

So basically, the only restrictions are if I am a felon.

There are other restrictions, including being nuts, a drug addict, convicted of a domestic violence misdemeanor, under indictment, dishonorably discharged from the military—this list does on.

The gun department guy at the Academy my sister works at told her that she would "have to get the gun transferred in the gift recipient's name."

There is no procedure for doing so.

Texas law allows an 18-year-old to buy a handgun from a private party with no paperwork. Federal law prohibits anyone under 21 from buying from an FFL. I think you can see where that situation is headed.

Also, if I give my sister money to buy the ammo I am going to be using at the range, is that considered a straw purchase?

The concept of a straw purchase applies only to firearms. Probably there are laws about transferring ammo to felons or aliens. I don't know. You can look it up on the BATFE web site.

- Jim

[snorri]

I haven't been carded for alcohol since the 20th century. I still occasionally get carded for ammo. Go figure.

[The Annoyed Man]

Thanks for the informative reply. So basically, the only restrictions are if I am a felon. The gun department guy at the Academy my sister works at told her that she would "have to get the gun transferred in the gift recipient's name." I think she failed to mention to the man that the recipient's age was 20.

Also, if I give my sister money to buy the ammo I am going to be using at the range, is that considered a straw purchase?

She doesn't have to tell them squat about you when she buys the gun. The Form 4473 will be in her name. Then she gifts you the gun when she gets home. The key word is "gift." If you gave her money to buy the gun with, then that would be a straw purchase. I have purchased a couple of guns with the purpose of gifting them to my son, and I am certain I violated no laws.

To the best of my knowledge, straw purchasing does not apply to ammo, but I'm no lawyer. However, I can't imagine that anyone would give your sister a bad time for buying ammunition for a family member.

I have purchased ammo on my son's behalf when he was in high school and required him to pay me back for it as an object lesson in the cost of shooting. Most of the time I just paid for it, but a couple of times I made him pay me back because he was taking my paying for his ammo entirely too much for granted. The lesson stuck, and he became more respectful of my wallet.

[pips]

Thanks everyone. So once she gifts the gun to me, is it still under her name?

One of the main worries from my sister is what would happen if I were to screw up and, god forbid, accidentally shoot someone at the range. Understandably, she does not want to be the one held responsible, and I do hope that I would be the one to suffer the consequences if it were my mistake. What would happen if I were pulled over for a traffic violation and the firearm were in the vehicle, do I inform the LEO that the firearm is mine or my sister's?

[seamusTX]

Thanks everyone. So once she gifts the gun to me, is it still under her name?

If your sister buys a new firearm from an FFL, it will be traceable to her forever. That record cannot be broken or eradicated.

It would take the BATFE tracing it from the manufacturer to the dealer. They don't do that often. Mostly it's when a firearm is found at a crime scene without an obvious owner or custodian.

If it's a used (second-hand) firearm, the record will still be there on paper, but it most likely will be a dead end.

For the rest of your questions, you're asking for legal advice that I am not qualified to give. I don't say this to be negative or anything. I just know my limits.

- Jim

[Bullwhip]

The gun department guy at the Academy my sister works at told her that she would "have to get the gun transferred in the gift recipient's name."

Gun guy has no clue. Don't take legal advice from him.