Gifting a firearm

[Sling1]

A few friends and I would like to give another friend a brand new 10/22. We are all MD residents. I asked my FFL and was told it was legal, but I think I need more information. He didn't have any in stock and I think I have to make a Wally-World purchase. I'm not about to take their advice.

 

[MDFF2008]

I don't think Walmart, outside of maybe Cumberland area sells guns anymore.

Couple things:

It's legal to buy someone else a gun, but, and feel free to correct me;

1.) You go and buy the gun. The FFL runs your information and you buy the gun.

2.) You transfer the gun to your friend through the MSP or FFL. They will check his information and it will go through.

Since I'm assuming it's a long gun, the transfers will happen that day.

It is not considered a straw purchase to do this because your friend is not a prohibuted person. Straw purchase only applies if the person is not allowed to own guns.

Now if his background check comes back bad, and the FFL doesn't transfer it, and you loan/give it to him anyway, that would be a crime.

 

[novus collectus]

It is a gift to a MD resident and it is not a regulated firearm, so buy the gun and just give it to him.....that is all.
No paperwork, no nothing. They just have to be over 18 and you must not knowingly be giving to a prohibitted person (looneys and felons).

 

[novus collectus]

I don't think Walmart, outside of maybe Cumberland area sells guns anymore.

Couple things:

It's legal to buy someone else a gun, but, and feel free to correct me;

1.) You go and buy the gun. The FFL runs your information and you buy the gun.

2.) You transfer the gun to your friend through the MSP or FFL. They will check his information and it will go through.

Since I'm assuming it's a long gun, the transfers will happen that day.

It is not considered a straw purchase to do this because your friend is not a prohibuted person. Straw purchase only applies if the person is not allowed to own guns.

Now if his background check comes back bad, and the FFL doesn't transfer it, and you loan/give it to him anyway, that would be a crime.

Incorrect.

1.) You go and buy the gun. The FFL runs your information and you buy the gun.

This part is coirrect, if bought as a gift the giver buys the gun as theirs on the 4473 form.

2.) You transfer the gun to your friend through the MSP or FFL. They will check his information and it will go through.

If the other person is also a MD resident, then because the 10/22 is not a regulated firearm there is not need to go through an FFL or the MSP.

It is not considered a straw purchase to do this because your friend is not a prohibuted person. Straw purchase only applies if the person is not allowed to own guns.

A straw purchase is when someone buys a firearm for someone else and it is not a gift regardless of if they are prohibitted persons or not, for instance using the other person's money to buy the gun. This purchase is going to be a gift and therefore not a straw purchase.

Now if his background check comes back bad, and the FFL doesn't transfer it, and you loan/give it to him anyway, that would be a crime.

As I said above, the friend will not have to get a background check done.

 

[Markp]

I just love it when people make up the law as they go.

 

[MDFF2008]

Hey

I got part of it correct. Anyway, I was just being extra cautious with the second background check.

 

[Markp]

Hey

I got part of it correct. Anyway, I was just being extra cautious with the second background check.

I wasn't trying to deride you... It's just that (all of us do this) we assume that the law is far more stringent than it often is, because with this hobby the penalties for being wrong are pretty severe.

Mark

 

[JKrew]

I wasn't trying to deride you... It's just that (all of us do this) we assume that the law is far more stringent than it often is, because with this hobby the penalties for being wrong are pretty severe.

Mark

Many people who don't own guns do that even more. I've had a few people ask if I had a liscence to own guns. There is also the issue of registration that many get wrong.

 

[MDFF2008]

No worries, I wasn't mad.

I completly agree with you, and from my point of view, I would probally do the "official" transfer instead of just gifting it, just to be 110% safe.

 

[Sling1]

Thanks for the help!

I didn't think it was that difficult and needed the reassurance. A friend was recently promoted to Colonel and I wanted to make sure I did it by the book.

A lot of the gun laws are antiquated or don't make reasonable sense. I assumed there would be more to gifting a small caliber varmint rifle, glad I was wrong.

 

[mh53gunner]

I know that Wally World in Frederick (Buckystown Pike) still sells firearms. Montgomery County stores no longer carry firearms or ammo.

 

[cyclist]

I know that Wally World in Frederick (Buckystown Pike) still sells firearms. Montgomery County stores no longer carry firearms or ammo.

Not so, at least for the Germantown store, which does carry ammo (unless something changed in the last couple of weeks)

 

[midcountyg]

It is a gift to a MD resident and it is not a regulated firearm, so buy the gun and just give it to him.....that is all.
No paperwork, no nothing. They just have to be over 18 and you must not knowingly be giving to a prohibitted person (looneys and felons).

Novus is right on the money. As long as the person you are giving it to is allowed to have it, you just buy it and give it to them. The only exception would be a regulated firearm. Then it must be transfered through MSP or a FFL.

 

[mh53gunner]

Not so, at least for the Germantown store, which does carry ammo (unless something changed in the last couple of weeks)

Interesting. What ammo do they carry? The last time I went to that dump of a Wally World they had discontinued firearms. That anti gun thing in Mont Co.

 

[Markp]

Thanks for the help!

I didn't think it was that difficult and needed the reassurance. A friend was recently promoted to Colonel and I wanted to make sure I did it by the book.

A lot of the gun laws are antiquated or don't make reasonable sense. I assumed there would be more to gifting a small caliber varmint rifle, glad I was wrong.

Yep, it's not in Maryland... had this been Komifornia, it would have probably required a body cavity search. You could transfer an AR-15 FTF in MD provided it's an HBAR or an SKS, but better safe than sorry when it comes to going to jail and especially for a Military Officer. He'll be happy to hear that you did your due diligence.

Mark

 

[Caveat Emptor]

Technically, you can gift a non-regulated firearm by just giving it to that person. Nonetheless, for the sake of record keeping, it's not a bad idea to write up a "gift letter", receipt, or similar document to record that the purchaser gave the firearm to someone else. In the event the firearm is lost or stolen, an ATF trace will lead back to the purchaser, and it's nice to have some type of documentation showing when and to whom the firearm was given. Just a suggestion . . .

 

[Old Salty Dog]

I don't think Walmart, outside of maybe Cumberland area sells guns anymore.

The Wally World in St. Mary's County still sells guns.

 

[MauiWowie]

Wally in Aberdeen is where I bought my shottie

 

[Vicious]

Does anyone know what the rules are for giving a hand gun to someone (family member) who lives out of state (Delaware)?

 

[novus collectus]

Does anyone know what the rules are for giving a hand gun to someone (family member) who lives out of state (Delaware)?

Send it to an FFL in their state DE) for transfer. If it is a temporary loan for sporting purposes then it should be legal without an FFL, but gifts or any other type of transfer of ownership requires an FFL in their state (in their state because it is a handgun).