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Started By
Message
Can you buy a rifle as a gift?
Posted on 8/8/13 at 7:30 pm
Posted on 8/8/13 at 7:30 pm
Can I buy a rifle from Cabella's and just give to my dad for his birthday?
4
Posted on 8/8/13 at 7:31 pm to guttata
Sure, how do you think I got all my guns...I mean my "wife's" guns...
Posted on 8/8/13 at 7:33 pm to guttata
Yes, but when you buy it don't mention that. Say on the form that you will be the owner of the rifle.
Once you own it, you can legally gift it to whomever you please in Louisiana as long as they aren't felons or crazy.
Once you own it, you can legally gift it to whomever you please in Louisiana as long as they aren't felons or crazy.
Posted on 8/8/13 at 7:33 pm to guttata
I would suggest you buy the gun for yourself, then at some point in the future decide to gift it to your father.
Posted on 8/8/13 at 7:34 pm to guttata
quote:
Can I buy a rifle from Cabella's and just give to my dad for his birthday?
As long as you do not have a reasonable belief he is legally prohibited from buying or possessing a firearm. Read the 4473 carefully and make sure you do not lie on it, because, as the Dixie Chicks said, "There's your trouble."
This post was edited on 8/8/13 at 10:15 pm
Posted on 8/8/13 at 7:34 pm to DrTyger
quote:
Yes, but when you buy it don't mention that.
This post was edited on 8/8/13 at 10:08 pm
Posted on 8/8/13 at 7:36 pm to Tigerpaw123
So just buy it and put it in my name, then give it to him? Is there any paperwork he could then fill out to show it is his gun now? If the gun got stolen, would I be the one on the hook if a crime was committed?
Posted on 8/8/13 at 7:37 pm to Ace Midnight
I say that because I've tried to do the same in the past and once you say that the retailers won't sell you the gun.
Posted on 8/8/13 at 7:39 pm to DrTyger
Yeah had that happen once.
Filling everything out and slipped and said it was a gift for pops.
Lady at the counter grabs the forms and wouldn't make the sale.
Filling everything out and slipped and said it was a gift for pops.
Lady at the counter grabs the forms and wouldn't make the sale.
Posted on 8/8/13 at 7:41 pm to guttata
quote:
So just buy it and put it in my name, then give it to him? Is there any paperwork he could then fill out to show it is his gun now? If the gun got stolen, would I be the one on the hook if a crime was committed?
Gun is really never in any bodies name, you go buy it, pass the background check, they give you the gun, later you decide to give it to pops, no problem, nothing to do to change names because it was never in any bodies name, years down the line if anything happens and cops come looking for you just tell them you gifted the gun to your dad
Posted on 8/8/13 at 7:42 pm to CP3
Exactly, so don't facepalm me Ace. 
Posted on 8/8/13 at 9:35 pm to DrTyger
quote:
Exactly, so don't facepalm me Ace.
Since I'm not going to be representing any of you, it would be inappropriate for me to give out legal advice. However, I strongly encourage everyone to be in full compliance with all local, state and federal laws requiring firearms to avoid criminal liability. If you have questions about something, I recommend you acquire competent legal counsel towards this end.
:peaceout:
Posted on 8/8/13 at 9:41 pm to Ace Midnight
Let me ask you this, is it or is it not legal to give a firearm as a gift in LA?
Posted on 8/8/13 at 9:44 pm to DrTyger
quote:
Let me ask you this, is it or is it not legal to give a firearm as a gift in LA?
No it is not, and I do not think that is what he was referring too, however it is illegal to buy a gun for someone else, so if you are buying it to give away ...that is illegal, however if you buy it for yourself, then decide to gift it, no problem, a fine line in the sand
Posted on 8/8/13 at 9:52 pm to DrTyger
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 on 8/8/13 at 9:55 pm to kengel2
Your local FFL could also just call their local ATF agent and get clarity.
Posted on 8/8/13 at 9:59 pm to Tigerpaw123
quote:
I would suggest you buy the gun for yourself, then at some point in the future decide to gift it to your father.
This is the correct answer.
It is illegal to buy a gun for someone. You can buy a gun for yourself and give it to someone though.
Guns are not registered in Louisiana. You don't have to transfer or "put it in someone's name." When you buy the gun they run a background check just to make sure you're not a felon. You're not registering or putting it in your name.
With all that said, the short answer to your question is "yes."
Posted on 8/8/13 at 10:09 pm to kengel2
Guttata,
The correct short answer is this:
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:
Here's the form:
LINK
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 on 8/8/13 at 10:13 pm to guttata
quote:
Can you buy a rifle as a gift?
So just buy it and put it in my name, then give it to him? Is there any paperwork he could then fill out to show it is his gun now? If the gun got stolen, would I be the one on the hook if a crime was committed?
Younger not on the hook if a stolen gun is used in a crime....most guns used in crimes are stolen
Posted on 8/8/13 at 10:14 pm to kengel2
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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