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re: Can you buy a rifle as a gift?

Posted on 8/8/13 at 9:52 pm to
Posted by kengel2
Team Gun
Member since Mar 2004
30925 posts
Posted on 8/8/13 at 9:52 pm to
quote:

Let me ask you this, is it or is it not legal to give a firearm as a gift in LA?


Its entirely legal to buy a firearm as a gift. However, if the person you are gifting the item to is not legally able to own or possess a firearm that is illegal.

Most shops wont let you have it if you say you are giving it as a gift, because they are just covering their arse. Its that whole right to refuse service thing and one gun doesnt make pay their mortgage for the rest of their life thing.
Posted by kengel2
Team Gun
Member since Mar 2004
30925 posts
Posted on 8/8/13 at 9:55 pm to
Your local FFL could also just call their local ATF agent and get clarity.
Posted by TigerOnThe Hill
Springhill, LA
Member since Sep 2008
6819 posts
Posted on 8/8/13 at 10:09 pm to
Guttata,

The correct short answer is this:
quote:

Its entirely legal to buy a firearm as a gift. However, if the person you are gifting the item to is not legally able to own or possess a firearm that is illegal.

Most shops wont let you have it if you say you are giving it as a gift, because they are just covering their arse. Its that whole right to refuse service thing and one gun doesnt make pay their mortgage for the rest of their life thing.



For anyone who wants the long answer, here 'ya go. This is from the back page of ATF form 4473 and is meant to explain question 11 a that deals w/ the OP's situation:

quote:

Question 11.a. Actual Transferee/Buyer: For purposes of this form, you are the actual transferee/buyer if you are purchasing the firearm for yourself or otherwise acquiring the firearm for yourself (e.g., redeeming the firearm from pawn/retrieving it from consignment, firearm raffle winner). You are also the actual transferee/buyer if you are legitimately purchasing the firearm as a gift for a third party. ACTUAL TRANSFEREE/BUYER EXAMPLES: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT THE ACTUAL TRANS- FEREE/BUYER of the firearm and must answer “NO” to question 11.a. The licensee may not transfer the firearm to Mr. Jones. However, if Mr. Brown goes to buy a firearm with his own money to give to Mr. Black as a present, Mr. Brown is the actual transferee/buyer of the firearm and should answer “YES” to question 11.a. However, you may not transfer a firearm to any person you know or have reasonable cause to believe is prohibited under 18 U.S.C. § 922(g), (n), or (x). Please note: EXCEPTION: If you are picking up a repaired firearm(s) for another person, you are not required to answer 11.a. and may proceed to question 11.b.


Here's the form:
LINK
Posted by DrTyger
Covington
Member since Oct 2009
22325 posts
Posted on 8/8/13 at 10:14 pm to
quote:

Most shops wont let you have it if you say you are giving it as a gift, because they are just covering their arse. Its that whole right to refuse service thing and one gun doesnt make pay their mortgage for the rest of their life thing.



That was what I thought.
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