Minimum age for gifting a long gun to immediate family?

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  • Gatman

    Adequate Member
    May 24, 2013
    21
    Calvert
    I've looked through MD criminal law explaining firearms laws and tried searching the forum, but wasn't able to find the answer to my question.

    What's the minimum age for gifting a long gun?

    Can someone point me to the code, if it exists?

    Thanks
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,063
    Anne Arundel County
    And I've got a follow-on to that question:
    Can I gift ownership of a firearm to someone too young to possess it, if they do not take actual possession until they are of legal age?
     

    rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,008
    Harford County
    When my Father gave me guns and I gave my kids guns and when my son gave his step-daughter a Savage Rascal, we never even thought about involving the state or their stupid ******** rules.

    Other than your kids/Grandkids I would imagine they would have to be 18 and not prohibited.
     

    rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,008
    Harford County
    I bought a 22 revolver from a neighbor when I was 17. The background check consisted of the neighbor asking me whether my Mother knew I was buying it and approved of it! (she did by the way)
    LOL!
     

    newmuzzleloader

    Ultimate Member
    MDS Supporter
    Apr 14, 2009
    4,765
    joppa
    When my Father gave me guns and I gave my kids guns and when my son gave his step-daughter a Savage Rascal, we never even thought about involving the state or their stupid ******** rules.

    Other than your kids/Grandkids I would imagine they would have to be 18 and not prohibited.

    :thumbsup:
     

    fidelity

    piled higher and deeper
    MDS Supporter
    Aug 15, 2012
    22,400
    Frederick County
    I have to look it up, but one can gift a long gun to your children that are 16 and older. For under 16, only if they've successfully passed hunter's safety training.

    Sent from my Pixel XL using Tapatalk
     

    bigmanindc

    Active Member
    Nov 3, 2018
    463
    DMV
    FROM GUNS.COM

    A FEW THINGS TO REMEMBER WHEN GIFTING A GUN FOR CHRISTMAS
    12/17/18 6:30 AM | by GDC Staff
    Considering gifting a gun this Christmas? Guns.com rounded up a few important tips to prevent you from breaking any state or federal laws in the process.

    Is it illegal to give a gun as a gift?

    Buying a gun for someone else is tricky. Even in cases in which the recipient can legally buy and own a firearm, the transaction could still be considered a straw purchase. While the 2014 Supreme Court case Abramski v. United States found that gifting firearms is legally permitted, the caveat is the recipient cannot know about the purchase beforehand.

    Therefore, the Bureau of Alcohol, Tobacco, Firearms and Explosives along with gun industry trade groups recommend giving a gift card from a federally licensed dealer instead of an actual gun. This helps avoid the thorny issue of completing Form 4473 for a firearm that will ultimately end up in someone else’s hands.

    It’s also important to consider the age of the recipient as well as their eligibility to own a firearm in your state. Many states restrict handgun transfers to those under 18, while others require permits or licenses for legal ownership.

    Out-of-state transfers

    When it comes to gifting guns to out-of-state friends and relatives, federal law mandates the transfer occur at an FFL in the state where the recipient lives. Handguns can be shipped through common carrier only, while long guns can travel through U.S. mail. All firearms must ship unloaded and clearly marked, though common carriers can require additional regulations.

    Instate transfers

    There’s no federal law prohibiting you from giving a gun as a present to a friend or relative who lives in the same state. However, residents of California, Colorado, Connecticut, Delaware, New York, Oregon, Rhode Island, Washington and the District of Columbia must complete such transfers through a local FFL. Maryland and Pennsylvania residents must complete background checks for private party transfers of handguns only.

    Heirlooms and antique guns

    Transferring heirloom guns from one relative to the next within the same state usually doesn’t require a background check — though some states are an exception to this rule. Transferring firearms to a resident of another state typically mandates the involvement of an FFL. The National Shooting Sports Foundation said pre-1889 antique firearms should be exempt from this requirement, but check with local law enforcement to be sure.

    When in doubt, just remember gift cards and gun stores, and double check your state’s laws before wrapping up that special gift this holiday season.
     

    shootin the breeze

    Missed it by that much
    Dec 22, 2012
    3,878
    Highland
    When my Father gave me guns and I gave my kids guns and when my son gave his step-daughter a Savage Rascal, we never even thought about involving the state or their stupid ******** rules.

    Other than your kids/Grandkids I would imagine they would have to be 18 and not prohibited.

    Here, here. Keep the damn government out of your business!

    My kids each have an Engage lower. Just need to build em. I’m a bit behind teratos on them having an AR but my kids are two years younger so there’s time yet.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    Here, here. Keep the damn government out of your business!

    My kids each have an Engage lower. Just need to build em. I’m a bit behind teratos but my kids are two years younger so there’s time.

    I just built them recently. You’re good.
     

    fidelity

    piled higher and deeper
    MDS Supporter
    Aug 15, 2012
    22,400
    Frederick County
    I have to look it up, but one can gift a long gun to your children that are 16 and older. For under 16, only if they've successfully passed hunter's safety training.

    Sent from my Pixel XL using Tapatalk

    Looked it up. See exception (b)(4) near the top here ...

    https://govt.westlaw.com/mdc/Docume...Type=CategoryPageItem&contextData=(sc.Default)

    or here ...

    https://law.justia.com/codes/maryland/2016/criminal-law/title-4/subtitle-1/section-4-104

    In MD, children can't have access to firearms, and the state defines children as under the age of 16. An exception is given to children that have a certificate of hunter safety training.

    Separately, I've read that the MD code restricts handgun possession to 21 years and older (I need to look this up to verify). I know that it restricts long gun purchases until 18 or older, and handgun purchases until 21 or older. Because there is a separate possession restriction on handguns until reaching 21 years of age, and not one for long guns, then the general exceptions for firearm access for children (linked above) pertains to long guns if I understand things correctly.
     

    Gatman

    Adequate Member
    May 24, 2013
    21
    Calvert
    Yeah, but purchasing, possessing, owning, gifting, transfering, and accessing are all defined by MD law.

    I'm trying to definitely find the spot in the code that defines the minimum age to own a long gun.

    What's the minimum age to own the long gun, but not have unsupervised access?
     

    fidelity

    piled higher and deeper
    MDS Supporter
    Aug 15, 2012
    22,400
    Frederick County
    Here's the antigun Gifford's center summary (search for "Maryland" on the page) ...

    https://lawcenter.giffords.org/gun-laws/state-law/50-state-summaries/minimum-age-state-by-state/

    Maryland also prohibits any person from selling, renting or transferring ammunition for a regulated firearm to a person under age 21, or any ammunition to a person under age 18. Maryland also prohibits the sale or transfer of a rifle or shotgun to a person under age 18.

    However, there appears to be no minimum age to possess a rifle or shotgun in the state.

    What they basically say is that it's not illegal. They also have citations to the MD code.

    Eta: doubt that there is anything in the MD code that says it is illegal for a kid to own a firearm. This would prevent inheritance. Possession is what they are concerned about.
     

    Gatman

    Adequate Member
    May 24, 2013
    21
    Calvert

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    Here's the antigun Gifford's center summary (search for "Maryland" on the page) ...

    https://lawcenter.giffords.org/gun-laws/state-law/50-state-summaries/minimum-age-state-by-state/



    What they basically say is that it's not illegal. They also have citations to the MD code.

    Eta: doubt that there is anything in the MD code that says it is illegal for a kid to own a firearm. This would prevent inheritance. Possession is what they are concerned about.

    There isn’t anything AFAIK. That age of 16 on long guns might be the best you can get. Unless they have adult supervision, they can’t possess under 16 (without a hunger safety certification).

    If you are looking at something like trying to get them something before something is banned, good luck.

    If they are 18 or older (21 for handguns) you/they are absolutely covered. Under that...legally dubious. The best you’ll get is testing something in court.

    “You were too young to have owned that AR before it was banned”

    I’d bet you could make that case that since it is an immediate family transfer MD law only bans SALES to those under the age of 18 for long guns. Since MD law specifically calls out that at 16 you can possess a long gun without adult supervision, doesn’t that mean they can own one?

    I wouldn’t personally test it. I especially wouldn’t test under 16, even if they had a hunter’s Ed cert.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    I am loving the patriotism I'm seeing in this thread.
    I will no longer comply with unconstitutional laws.

    I don’t see a question of patriotism. The question is what does the law say. Not what is the moral answer. The moral answer is “are they conceived yet?”

    The legal answer is there doesn’t appear to be one. Do you want to test it in court? That is really the only question. If you don’t, a legal adult is for sure good. Or get an opinion letter from the DA.

    If you don’t mind testing it in court, whatever age you care to name. Maryland law doesn’t seem to say. All they state is the age of possession and age of sale. It is 21 for handguns and what were regulated guns (that are all now banned). 18 to buy and 16 to possess for long guns, unless you have a hunter safety certification.

    I’d argue if you can possess them (without supervision) then you can own them.

    The question wasn’t, “should I comply with an unconstitutional law or not”. It was what is the law. The law is...shrug. Best we can do is say what we know is fine and what might be okay and what is probably legally dubious. A 4 year old owning a gun is probably legally dubious, they can’t legally possess it unsupervised.
     

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