AR gift question

TheRussianNightmare · Jun 14, 2016

I was considering purchasing an AR lower, building a cheap stater HBAR, and giving it to my 18 year old son. Is there any legal problem with that?

I know 21 is the minimum age to buy a lower, but 18 is the minimum age for a rifle. He would receive a complete, legal rifle.

Also, if I built it into a pistol first, disassembled, and rebuilt as a rifle, would he be able to revert it to pistol at age 21?

I don't believe any paper work would be required to transfer the complete long gun, correct?

Tactics · Jun 14, 2016

Interested in the answers as well.

TheRussianNightmare · Jun 14, 2016

Tactics said:
Interested in the answers as well.

I know, MD gun laws as clear as mud :sad20:

I just want verify what is, or is not legal.

mopar92 · Jun 14, 2016

TheRussianNightmare said:
I was considering purchasing an AR lower, building a cheap stater HBAR, and giving it to my 18 year old son. Is there any legal problem with that?

No legal issues although a Bill Of Sale is recommended

I know 21 is the minimum age to buy a lower, but 18 is the minimum age for a rifle. He would receive a complete, legal rifle.

Also, if I built it into a pistol first, disassembled, and rebuilt as a rifle, would he be able to revert it to pistol at age 21?

No because it would be transferred as a rifle it would not be able to legally revert to a pistol.

I don't believe any paper work would be required to transfer the complete long gun, correct?

None required by law

.

iH8DemLibz · Jun 14, 2016

Would the lower still be considered an Other/Pistol/77R?

Making paperwork a requirement?

TheRussianNightmare · Jun 14, 2016

iH8DemLibz said:
Would the lower still be considered an Other/Pistol/77R?

Making paperwork a requirement?

Good point. These are the kind of nuances I was trying to get sorted before I do anything.

mopar92 · Jun 14, 2016

iH8DemLibz said:
Would the lower still be considered an Other/Pistol/77R?

Making paperwork a requirement?

No, once it's completed as an HBAR and transferred as such that supercedes the 77R. It will still be "registered" under your name, but the bill of sale will prove you disposed of it properly.

TheRussianNightmare · Jun 14, 2016

mopar92 said:
No, once it's completed as an HBAR and transferred as such that supercedes the 77R. It will still be "registered" under your name, but the bill of sale will prove you disposed of it properly.

I see. Thank you very much for the clarification. :party29:

mopar92 · Jun 14, 2016

squirrels said:
Is this a "straw purchase", since the purchaser (father) is not the actual intended recipient (son)?

How does the law work in that regard, if you want to give a long-gun as a gift?

Not a straw purchase. There's actually a section on the 4473 if you intend to give it as a gift.

Alphabrew · Jun 14, 2016

TheRussianNightmare said:
I was considering purchasing an AR lower, building a cheap stater HBAR, and giving it to my 18 year old son. Is there any legal problem with that?

I know 21 is the minimum age to buy a lower, but 18 is the minimum age for a rifle. He would receive a complete, legal rifle.

Also, if I built it into a pistol first, disassembled, and rebuilt as a rifle, would he be able to revert it to pistol at age 21?

I don't believe any paper work would be required to transfer the complete long gun, correct?

That's probably perfectly legal but I would just buy him a complete rifle. They are cheap now, and that way there is no state paperwork associated with the lower with your name on it. Keep it simple.

fidelity · Jun 14, 2016

OP, it's in other threads (that I would pull up if not on the phone), but any non regulated rifle (which is all of them these days in MD, incl HBARs, Mini 14s, 300 BLK ARs, KS-47s, etc) can be given to 16 year olds by their guardians. In addition, if they've successfully completed hunter safety training, they can legally possess a long gun at an even younger age. My 13-yr has a 22LR rifle (albeit kept in my safe that he can't access - until there's reason to get a safe that he can access). He'll be getting more if it's clear MD is going to pass some new restrictive legislation that would otherwise restrict his future rights.

Sent from my Nexus 5X using Tapatalk

TheRussianNightmare · Jun 14, 2016

fidelity said:
OP, it's in other threads (that I would pull up if not on the phone), but any non regulated rifle (which is all of them these days in MD, incl HBARs, Mini 14s, 300 BLK ARs, KS-47s, etc) can be given to 16 year olds by their guardians. In addition, if they've successfully completed hunter safety training, they can legally possess a long gun at an even younger age. My 13-yr has a 22LR rifle (albeit kept in my safe that he can't access - until there's reason to get a safe that he can access). He'll be getting more if it's clear MD is going to pass some new restrictive legislation that would otherwise restrict his future rights.

Fantastic information. Thank you for posting. :thumbsup:

Pinecone · Jun 17, 2016

squirrels said:
Is this a "straw purchase", since the purchaser (father) is not the actual intended recipient (son)?

How does the law work in that regard, if you want to give a long-gun as a gift?

Gifts are legal.

A straw purchase is where the final recipient may not legally buy the firearm or the intent is to hide the final recipient.

Biggfoot44 · Jun 17, 2016

If you buy ir of your own initive and funds, and give it y o your son, it's a legit gift. I he hands you $800 or however much , and says " Dad, buy this for me" , it's straw.

As to your buying stripped lower into pistol, then reconfigure into HBAR, give to son, and he subsequently re-re- converts to pistol on 21st Bday ? Congradulations ! As far as I remember, this has never come up before. I quickly conceived of rationals for yes and no. I * think * the yes is controling, but I'd have to research more fine than have time before naptime.

ericoak · Jun 17, 2016

A person was convicted of a straw purchase even though the person they sold to was a lawful recipient and underwent a background check.

https://www.oyez.org/cases/2013/12-1493

gungate · Jun 17, 2016

ericoak said:
A person was convicted of a straw purchase even though the person they sold to was a lawful recipient and underwent a background check.

https://www.oyez.org/cases/2013/12-1493

Sounds a lot like he was guilty. Follow the rules or face the consequences.

Pinecone · Jun 21, 2016

Biggfoot44 said:
If you buy ir of your own initive and funds, and give it y o your son, it's a legit gift. I he hands you $800 or however much , and says " Dad, buy this for me" , it's straw.

Maybe. Maybe not. But probably.

What was the intent of son handing over the money for the purchase?

How about this one: Son hands Dad $800 to buy pistol, as Son is 18. Dad purchases, maintains possession, lets Son shoot it. At 21, Dad transfers pistol to Son.

chuck · Jun 21, 2016

Biggfoot44 said:
If you buy ir of your own initive and funds, and give it y o your son, it's a legit gift. I he hands you $800 or however much , and says " Dad, buy this for me" , it's straw.

As to your buying stripped lower into pistol, then reconfigure into HBAR, give to son, and he subsequently re-re- converts to pistol on 21st Bday ? Congradulations ! As far as I remember, this has never come up before. I quickly conceived of rationals for yes and no. I * think * the yes is controling, but I'd have to research more fine than have time before naptime.

I have been reading up on this and probably figured a bunch of incorrect stuff. But, if you buy an AR rifle, you have to fill out the forms for an SBR to make it a pistol. If you buy an AR pistol you can make it into a rifle and then turn it back into a pistol. This assumes you don't have the pistol barrel and the stock on at the same time.

I was thinking about getting an AR but now I'm looking at a Sig AR pistol instead.

SCARCQB · Jun 23, 2016

A local dealer gave me flack on this last Christmas.

I wanted to build a hbar as a gift for my 25 year old son. We went to a local dealer and I told him about what I had planned. I wanted my son, to go through the paperwork and I'll pay for the receiver.

He gave me a song and dance number about this was a straw purchase. Really?

He refused to take my money and suggested that I should just buy a gift certificate instead.

I will never go back to this store. Too much ******** comes with the sales talk. It's insulting .

AR gift question

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