Firearms as Gifts

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In this episode  I discuss whether you can give firearms as gifts this holiday season.

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Episode Transcript

(00:12):
Welcome to the live to shootpodcast.
My name is Jeff Dowdle and I'vebeen a licensed farm dealer for
the last 16 years.
And this podcast talk about allthings related to the second
amendment, anything else goingon in the news or a personal
story of mine.
So welcome, welcome, welcome.
I hope everybody had a greatThanksgiving.
I sure did.
We took a family trip beforeThanksgiving to Charleston, and

(00:33):
there my oldest son proposed tohis girlfriend, and she said
yes, and so we have a wedding onthe horizon coming up in the
Dowell household, and then we,you know, visited Charleston,
and so And then got together onThanksgiving with a lot of
friends and family and it wasjust, it was just a good time.
And so we had a really goodThanksgiving.

(00:54):
But the one thing, and I wasasked this a couple times even
at Thanksgiving, and I get askedthis, Every time you know this
time of year rolls around andit's about gifting firearms Can
you gift a firearm and a lot oftimes the questions not posed so
much is about gifting They'llalso say, you know, I want to

(01:14):
get this to my son but I how doI transfer it into his name or
my daughter or my wife and So Ithought I would address that
just a little bit here today,and, and I caveat all that to
say that this all is based on mebeing NFL in Texas.

(01:35):
And there are other states wheresome of this will not
necessarily apply.
From a federal standpoint, it istrue, but then when you get down
to the state and even locallaws, things may be just a
little bit different.
different in terms of what I'mgoing to say.
So the first thing I want to sayis that there is no federal gun
registry.
So you do not transfer guns intoyour name or anybody else's name

(02:01):
at a federal level.
So when you come in.
as to my place and pick up agun.
Now you do fill out a 4473, buttechnically that does not put
the gun in, in your name.
Basically all that does isrecord the transfer from me to
you.
So when a dealer ships me a gun,they're transferring the gun to

(02:23):
me.
And basically that point intime, that gun is, is reg, is
listed as, as in my possession.
Now, Whenever you transfer it,whenever somebody were to ask me
what happened to that gun, Iwould say I transferred it to,
to you.
Now that gun isn't registered inyour name.
There's no place anybody canlook it up and see that it is in

(02:45):
your name.
So there's no necessary need toquote unquote transfer another
gun to somebody else's need.
Now.
There are efforts afoot tochange that.
But what I want to say rightnow, that that does not exist at
the federal level.
Now, local and state levels,there are places where you may
have to get a pass, a license, ayou know, truly register that

(03:12):
gun in your name because you'reonly allowed to own one.
particularly, but at a federallevel and at freedom loving
states such as Texas, that's notthe case.
Now, in terms of gifting afirearm, yes, you can gift a
firearm.
That is not What is a consider astraw purchase?
Straw purchase is when you'rebuying a gun, typically with

(03:34):
somebody else's money forsomebody that cannot purchase
that gun, they cannot qualify topurchase that gun.
That is what a straw purchaseis.
Now, funny thing is that I had.
A conversation with an ATF agentover this very topic.
And somebody was asking him, youknow, Hey, I want to buy this
and I want to give it to mywife.
And he's like, no, no, no, no,you can't do that.

(03:56):
He's on the phone while he wasin my house and he said, you
can't do that.
They, she, I'll have to do the4473 and you have to do the
background check.
And because you can't, you know.
buy a gun for somebody elsebecause that's a straw purchase.
And I'm like, no, that's not astraw purchase.
You know, if he, he can givethat to him, if he doesn't
believe that there's any reasonwhy that she is prohibited from

(04:19):
owning a firearm.
Now, if she is prohibited, thenno, they cannot do that.
But yes, you can gift a firearm.
So you can buy a gun and gift itto your son or daughter in terms
of and not have to transfer itinto their name, as long as
they're not prohibited from,from owning that gun.
No, they're not a felon oranything like that.
And you know, kids can be inpossession of arms.

(04:41):
They may not be able to purchasea, like a, a handgun, but they
can actually be in possession ifthey're 18.
So those are the differentthings that can happen.
Now uh, with this, the advent ofthe safer communities act, you
know, a lot of things arechanging.
And one of those is, is, youknow, about, you know, buying

(05:01):
guns and then and, and thenreselling them.
And right now there's, it's theway they changed the, the
wording is that it used to bethat if, if you were buying a
gun for your, and then resellingthem for your livelihood to make
money and for your livelihood,then you had to be an FFL.
Now they changed that wording tobe, if you're buying a gun and

(05:24):
It's gonna make a profit.
So this is different thangifting it.
But if you're gonna buy a gun,then you're reselling it now
They're they're making it towhere you're technically gonna
have to be an FFL dealer if youwant to Make a firearm, you know
sell a firearm after you'vebought it now.
There's some Differentexceptions, but in the typical

(05:46):
ATF fashion, they leavethemselves a lot of room of
latitude.
So I did hear some information,some suggestions.
No longer should you be keepingtrack of how much you paid for
firearms.
If you sell a firearm and do abill of sale, just don't do a
bill of sale, bill of transfer,and put no pricing on that

(06:06):
transfer at all.
Do not, you need to not keeptrack of pricing anymore in
terms of your firearms.
But it's, like I said, but goingback to gifting it, it is
perfectly acceptable gift offirearm to another person.
There is no need to, to transferit.
Now they are talking about the,that's where this universal

(06:26):
background check junk comes inis that now they're starting, if
they enact this universalbackground check, and that's
where some states have this,that even if you want to gift it
to somebody, they have to be Youhave to have a background check
and you technically would haveto come into a dealer and truly
transfer that and have thatdealer do that background check.
So far into Texas, we do not douniversal background checks.

(06:49):
There's not a federal universalbackground check requirement at
this point in time.
But, keep your eyes open.
That's happening too.
So But during this holidayseason, go out and buy guns.
Give them as gifts.
Buy lots of guns and give lotsof gifts of guns.
We have to keep this movementgoing.
We have to keep supporting thesecond amendment and, and, and
doing all those things.

(07:09):
So it is perfectly fine andacceptable to give a gun as a
gift and you don't have to worryabout transferring it to other
people's names.
So just wanted to pass that on.
I'll be talking about otherlittle things probably in the
next few weeks, but have a greatday, have a great week, and I
will talk to you later.