Rules for gifting firearms this holiday

The act of gifting a firearm to a family member, close friend or relative can bring a unique sense of joy and connection. I will never forget my dad giving me a lever action Daisy BB-gun at Christmas when I was 8-years old. I was only allowed to shoot it with him until I was 10 – what fun that was. Today, in our modern world of artificial everything (intelligence), you must first remember that we live in New York. We have very special rules here for firearm transfer, even as a gift.

The first thing to remember if you’re thinking about giving someone a gun is that ownership of a firearm brings with it serious responsibilities and legal obligations that other consumer products don’t. So, let’s look at some questions you may have about giving a firearm as a gift. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) recommends that if you want to give someone a new firearm, rather than going to a gun store, buying it on your own and giving it to, say, a family member, consider instead purchasing a gift certificate from that retailer and giving it to him or her as their present. That way, they’ll get the exact gun they want, and there’s no question about who is “the actual buyer of the firearm.” That is a question that every purchaser must certify on the federal ATF Form 4473 at the time of purchase.

Let’s assume that gift cards are out of consideration because you want to give “Old Betsy,” your favorite old deer rifle, to your son or daughter, or you want to see the joy on their face when they unwrap their present. The first question you must ask is whether the intended recipient can legally own a firearm.

Remember, you can never under any circumstances transfer a firearm to someone you know – or have reasonable cause to believe – legally can’t own one. That’s a federal felony, so be careful. One side note – pre January 1, 1899, antique firearms are generally exempt from a transfer requiring a background check. Be safe and check with your retailer (or local law enforcement) before you hand over your prized possession.

Many gun stores in New York have closed up shop with the special rules now imposed by Albany – the few that remain must follow all the new laws.
National Shooting Sports Foundation photo

The next question is whether the person can own the gifted firearm where they live. With more than 20,000 different gun laws on the books, even the kinds of firearms that law-abiding citizens can own can vary from place to place. For example, juveniles (under age 18) are generally precluded by law from possessing a handgun, and states like New York restrict many types of firearms and magazine sizes with additional age restrictions. The ATF website has listings of the gun laws for all the states.

It is legal to purchase a firearm from a licensed firearm retailer that you intend to give as a gift. No law prohibits the gift of a firearm to a relative or friend who lives in your home state. However, whether you purchase a new firearm or want to gift a gun you already own, keep in mind that many states (California, Colorado, Connecticut, Delaware, Illinois, Nevada, New Jersey, New York, Oregon, Rhode Island, Washington State, and the District of Columbia) absolutely require you to transfer a firearm through a local licensed firearm retailer who will perform an instant background check to make sure the recipient is not prohibited from owning the gun.

This background check involves verifying the recipient’s identity and ensuring they are not a prohibited person, such as a felon or someone with a history of domestic violence. Maryland, Minnesota and Pennsylvania require a background check for a private-party transfer of a handgun and other specific types of firearms. Other states, including New York, also require the recipient of a firearm to have a particular license or permit before taking possession of a firearm.

If the person you want to give the gift of a firearm to does not reside in the same state as you, then under federal law, you have to ship the firearm to a licensed firearm retailer in the state where the recipient lives who can transfer the firearm after a background check. In that regard, you can only ship a handgun by common carrier (but not U.S. mail) and a long gun by U.S. mail or common carrier to a federally licensed retailer, but not to a non-licensed individual in another state. With all carriers, federal law requires you to declare that your package contains an unloaded firearm. To be safe, always consult your carrier in advance about their regulations for shipping firearms.

So, as you can see, there are a lot of things to consider when making a gift of a firearm to ensure you do it properly and using a gift certificate from a firearm retailer near where the gift recipient lives might be the best solution in order to avoid legal pitfalls and state law variations. If you do purchase a firearm as a gift, consider also purchasing the gift of safety, include a locking device. Add a cable lock or trigger lock, and also, know that all handguns (new or pre-owned) purchased from federally licensed dealers must be accompanied by a locking device.

However, many secure storage options are available to prevent unwanted access, including lock boxes, lockable gun cases, and safes that hold multiple firearms. Owning firearms and securely storing them when not in use go hand in hand. To learn more about firearms rules, laws and firearm safety, visit the NSSF website at https://www.nssf.org/. The NSSF is the firearm industry trade association. Their website is a comprehensive resource for all things related to firearms, including safety, hunting, shooting, range rules, and much more. It provides access to fact sheets, printed guides, webinars, and videos created specifically for firearm enthusiasts. I especially found the hunting sector invaluable with “How to Get Started Hunting.”

In New York, our gun laws have recently been specifically redesigned to prevent criminals and those who threaten to harm themselves or others from buying or possessing guns. The renewed legislation puts the New York State Police in charge of compliance, meaning they are responsible for ensuring that all firearm transactions and ownership adhere to the state’s laws. This includes provisions that protect and preserve the right of law-abiding citizens to buy, sell, keep or use guns. Many age-old firearm owners find the specific rules in New York State somewhat restrictive. To learn more, visit https://troopers.ny.gov/Firearms/. For specific questions about firearms in New York or for help understanding the laws or submission forms, just call 1-855-LAW-GUNS.

Gotta love the outdoors.

Outdoor Calendar:

Nov. 23-Jan. 19: Late Canada Goose Season – South Area. See syllabus. Nov. 30-Dec. 14: Pennsylvania Regular (firearms) Deer Season. See https://www.pgc.pa.gov.

Dec. 5: Western New York Walleye monthly meeting, 630PM, 36 Pierce Ave., Hamburg.

Dec. 8: LAST DAY of 2024 NYS Southern Zone Regular (firearm) Big Game season.

Dec. 8: Bear Lake Rod & Gun monthly meeting, 4PM, 4391 Cassadaga-Stockton Rd., Cassadaga, NY, (rescheduled from Dec. 1 due to snowfall).

Dec. 9-Dec. 17 and Dec. 26-Jan. 1: NYS Southern Zone Late Bowhunting Season

NOTE: Send Calendar info or related outdoor news to forrestfisher35@yahoo.com.