Question on gifting a Firearm

[PapaJ08]

I am 19, soon to be 20 and I want a firearm. I read that you have to be 21 or older to purchase a firearm and I also read that when gifting a firearm you had to be sure that the said recipient of the gift could legally own or be able to purchase that weapon. Does this mean Im S.O.L if my dad wanted to buy me a firearm? Of course I wouldnt concealed carry and it would be in my safe or in the trunk of my car unloaded. Can he gift it to me or do I have to wait until Im 21...

 

[Bullseye Shooter]

I think this section applies in your case. Since you are over 18, your parents can gift you a firearm. You're just not eligible for a CHL until 21.

It is unlawful to knowingly sell, rent, give or offer to sell, rent or give any firearm to a person under 18 years of age, without the written consent of his parent or guardian.

 

[Texas Solo]

I don't think they can "gift" him a handgun, for which he has to be 21. Doing so would constitute a straw purchase, knowingly buying a weapon for someone who is not eligible to buy it himself.

 

[Bullseye Shooter]

He didn't say it was a handgun, but from what I've read, for Texas is does not matter. I should have posted the entire paragraph.

It is unlawful to sell, rent, loan or give a handgun to any person if it is known that the person intends to use it unlawfully. It is unlawful to knowingly sell, rent, give or offer to sell, rent or give any firearm to a person under 18 years of age, without the written consent of his parent or guardian.

As long as he is over 18, his parents can gift him any firearm under the statute; rifle, shotgun or handgun. It is not a straw purchase since he can legally possess a firearm since he is over 18 and he has his parent's permission since they are the ones giving it to him (which would only really apply if he were under 18).

It is also okay under federal law to gift a handgun to someone over 18 since the prohibition is to give to someone under 18.

(1) Federal law prohibits, except in certain limited circumstances, anyone under 18 years of age from knowingly possessing a handgun, or any person from transferring a handgun to a person under 18.

 

[txinvestigator]

Your dad can give you a firearm as long as you are not otherwise prohibited from having one. If you are a felon, etc., he cannot give you one.

 

[Big country]

It doesn't matter whether it is a hand gun or not you don't have to be 21 to own a hand gun just to buy it from a FFL holder or buy ammo for it. But he never specified whether it was a hand gun or a long gun. Academy has signs up that say you must be 21 or older to handle or purchase a "tactical weapon". that don't make it against the law for an 18 year old to have an AR. But I'll stop before I get carried away on that academy sign.

 

[txinvestigator]

Neither federal or state laws regulate ownership. They govern possession and transfer.

My father gave me my first handgun when I was about 14. I still have it.

 

[thorkyl]

I think the ATF rule of "first kindred" will apply here. (I have never found this rule and have been looking for years)
He is dad, so he can give it to you as long as you can possess one legally.

Just like I bought my kid a walther p22 for her 11th birthday.
She just can't be in possession of it without my "written consent". (and yes when we go to the range I give her written consent)
She does not know the combo to the safe where it is.

 

[thorkyl]

But I'll stop before I get carried away on that academy sign.

I will not...

That is company policy, if you don't like it don't shop there.

I love living in a Country where a business can make a rule like that.
It's their right and my right to not go there or go there.
I personally like Academy, I joke about Bass Pro shop - Go to Bass Pro, find what you want, go to Academy and buy it.

 

[Big country]

I will not...

That is company policy, if you don't like it don't shop there.

I love living in a Country where a business can make a rule like that.
It's their right and my right to not go there or go there.
I personally like Academy, I joke about Bass Pro shop - Go to Bass Pro, find what you want, go to Academy and buy it.

That's why I stopped. I don't like it but it is they're right to do business any way they choose. If they do something that really pisses me off I will quit shopping there. But I'll keep going as long as that's as far as they go. If they start trying some other BS then I will ask for a phone number to give my comments to and be done with it until they either stop or I give up on them entirely. I didn't want to get into an in depth discussion about it here so as not to high jack the thread but there it is the way I feel about their stupid sign. But like you and I both agree it is their right to choose how they do business so I don't complain. Much. LOL

 

[txinvestigator]

I think the ATF rule of "first kindred" will apply here. (I have never found this rule and have been looking for years)
He is dad, so he can give it to you as long as you can possess one legally.

Just like I bought my kid a walther p22 for her 11th birthday.
She just can't be in possession of it without my "written consent". (and yes when we go to the range I give her written consent)
She does not know the combo to the safe where it is.

The law does not prohibit your daughter from possession at all. The law makes it an offense for a person to sell, rent, lease, or give a firearm to a person under 18.

You do not need written permission for your daughter to be in possession of the firearm.

46.06 of the penal code makes it an affirmative defense if the transfer of the weapon was not a sale, and you gave your effective consent for her possession.

 

[Texas42]

Could someone tell me the federal law that prohibits the possession of a handgun by a minor? Thanks.

I was under the impression that according to Texas law, if you had parental consent, a minor could possess a handgun. I don't know the federal law though.

 

[txinvestigator]

Could someone tell me the federal law that prohibits the possession of a handgun by a minor? Thanks.

I was under the impression that according to Texas law, if you had parental consent, a minor could possess a handgun. I don't know the federal law though.

There is no federal law regarding possession.

 

[Texas42]

There is no federal law regarding possession.

Thanks. I didn't so, but I have been wrong before.

 

[usaf_vito]

This probably isn't the place to ask this (better off asking the Calguns folks) but if I wanted to give my younger brother in CA (19) a handgun as a gift, would that be legal? Or could/should I gift it to my dad then have him regift it to my brother?

 

[Texas42]

I'd say that California people know more about california law.

 

[Jason]

I'd say that California people know more about california law.

I thought the general consensus was that the people of California couldn't tell you which end of the cow makes the cow patties?

 

[M. Sage]

This probably isn't the place to ask this (better off asking the Calguns folks) but if I wanted to give my younger brother in CA (19) a handgun as a gift, would that be legal? Or could/should I gift it to my dad then have him regift it to my brother?

It's a bit more complicated because it's CA. IIRC, sibling gifts are considered the same as any other, but the exceptions they make are for father/mother to son/daughter or even grandparents to grandchildren. There is still a host of CA BS to deal with, but I think that you can actually bypass the "not unsafe" handgun roster by giving a handgun via intra-familial transfer across state lines. But yes, you'd be better off asking Calgunners because it's been a year for me - my CA law knowledge is getting rusty and I was never that familiar with that part of the law anyway.

I thought the general consensus was that the people of California couldn't tell you which end of the cow makes the cow patties?

Calguns.net is actually a very good resource. There are a lot of people there that either know or know where to find info an whatever legal question you can think of.

Being a serious CA gun owner means you almost have to be a lawyer.

 

[Bullseye Shooter]

This probably isn't the place to ask this (better off asking the Calguns folks) but if I wanted to give my younger brother in CA (19) a handgun as a gift, would that be legal? Or could/should I gift it to my dad then have him regift it to my brother?

All gun transfers in California have to be done through an FFL dealer. It is illegal for a dealer to transfer a handgun to someone under 21. You would need to have to firearm transfered to your father in California. He can allow your younger brother to possess it since he is over 18 (not a minor). It is my understanding that used handguns do not need to be on the approved list to be sold; that is only for new manufactured handguns.

Originally Posted by Jason
I thought the general consensus was that the people of California couldn't tell you which end of the cow makes the cow patties?

Jason, you might want to consider that there are people on this forum who may have lived in California at one time and may just have relatives who are still there. There are a lot of good Californians fighting the good fight to keep the firearms that they own and slandering them is not a productive use of your time. If you think I'm kidding, how about checking out the CRPA website at www.crpa.org.

 

[Texasjack]

It is easy to become jaded towards people in places like CA or NY. I lived in NY for a few years and thought the general population would drive me crazy. But I had to join a rod and gun club to use a shooting range and it didn't take long to find out that the members (and there were a lot of them) were great guys who were just as frustrated about their regulations as I was. Charlton Heston loved to tell about all the liberal neighbors that came to him about getting a gun when rioting was going on in Los Angeles. He told them he would gladly loan them a gun, but there was a 10 day waiting period.