Can You Give a Gun as a Gift? Federal Rules Explained

Birthdays, graduations and the holidays are when a lot of people wonder: can you give a gun as a gift? Under federal law, the short answer is yes. You can buy a firearm for someone else as a genuine gift, and you can give a gun you already own to a family member or friend. There are a few rules that matter a lot, though, and the biggest one is about who is really paying for the gun. This guide walks through them in plain English.

A quick note before we start: this is general information about federal law, not legal advice. States and cities add their own rules on top of federal law, and some regulate transfers between private people, including family. It's worth reading your state's gun law page before you buy or hand over a firearm.

Can you give a gun as a gift under federal law?

Yes. When you buy a gun from a licensed dealer, you fill out ATF Form 4473, and question 21.a asks whether you are the "actual transferee/buyer." The form's own instructions say a person is the actual buyer if they are "legitimately purchasing the firearm as a bona fide gift for a third party" (ATF Form 4473, August 2023). Bona fide simply means real and in good faith.

So if you pick out a rifle for your daughter's birthday and pay for it with your own money, you are the actual buyer, and you answer "yes" to 21.a. ATF's June 2021 FFL Newsletter lists "Buying a firearm as a gift?" as not a straw purchase, "as long as the purchaser is the actual buyer, and the gift is bona fide."

When is a gun gift not a real gift?

The same Form 4473 instructions spell out two situations where a gift is not bona fide:

• The other person paid you or gave you something for it. If the person getting the gun "offered or gave" you money, services or anything of value to get it for them, it isn't a gift.
• The other person isn't allowed to have a gun. If the recipient is prohibited by law from receiving or possessing a firearm, it isn't a bona fide gift, no matter who paid.

The form gives a simple pair of examples. If Mr. Smith gives Mr. Jones the money and asks him to buy a gun for him, Mr. Jones is not the actual buyer, must answer "no," and the dealer may not transfer the gun to him. If Mr. Brown buys a gun with his own money to give to Mr. Black, with nothing provided by Mr. Black, Mr. Brown is the actual buyer and answers "yes."

What is a straw purchase?

A straw purchase is when someone buys a gun on behalf of the real buyer and fills out the paperwork as if it were their own purchase. ATF's newsletter explains that it can happen even when nobody involved is prohibited. It describes the Supreme Court case Abramski v. United States (2014): a man with a former police ID offered to buy a Glock 19 for his uncle to get a discount, took a $400 check from his uncle with "Glock 19 handgun" written on the memo line, and then bought the gun from a dealer. Neither man was prohibited, and the Court still ruled he broke federal law by certifying that he was the actual buyer.

ATF's newsletter sums it up with a few quick scenarios:

• Buying a firearm on behalf of someone else, prohibited or not: straw purchase.
• Buying a firearm for someone else to save them money or get them a discount: straw purchase.
• Buying a firearm as a bona fide gift: not a straw purchase.
• Using your spouse's credit card account: not a straw purchase, as long as you're an authorized user on the card.

These are serious crimes. Making a false statement on Form 4473 is a felony under federal law (18 U.S.C. 922(a)(6)), and the form itself reminds buyers of that above the signature line. A separate law, 18 U.S.C. 932, makes it a crime to buy a gun for someone you know or have reasonable cause to believe is prohibited, or who plans to use it in a felony, with up to 15 years in prison (up to 25 in the most serious cases).

The practical takeaway is gentle but important: if someone hands you money and asks you to pick up a gun for them, that's not a gift, even if it's a family member you trust completely. Many families find it easiest to let the recipient buy the gun themselves, or to give a store gift card so the person can choose exactly what they want.

Can I give a gun I already own to a family member?

Often, yes. ATF's newsletter says federal law allows an unlicensed person to transfer a firearm to an unlicensed resident of their own state, as long as they don't know or have reason to believe the person is prohibited, and the transfer complies with state law. ATF also notes there may be state laws that regulate these private transfers, so check your state's page first.

Federal law is firm about one thing here: it's illegal to sell or "otherwise dispose of" a firearm to anyone you know or have reasonable cause to believe is prohibited, such as someone under indictment for or convicted of a felony, a fugitive, or an unlawful user of a controlled substance (18 U.S.C. 922(d)). Our federal laws page on prohibited persons lists the categories.

Can I give a gun to someone who lives in another state?

Not directly. Under 18 U.S.C. 922(a)(5), a person who isn't a licensee can't "transfer, sell, trade, give, transport, or deliver" a firearm to an unlicensed person they know or have reason to believe lives in a different state. The word "give" is right there in the law, so gifts are included.

The usual solution is the same one used for buying online: the gun goes to a licensed dealer in the recipient's home state, and the recipient picks it up there after the paperwork and background check. Our guide How does an FFL transfer work? walks through it step by step, and our Dealer Finder can help you find a dealer near them. Our federal laws page also covers private sales across state lines.

The same law has two narrow exceptions. It doesn't apply to:

• carrying out a bequest (a gift in a will) or an inheritance, if the person receiving the firearm is allowed to have it under the laws of their own state; or
• the loan or rental of a firearm for temporary use for lawful sporting purposes.

Can I give a gun to someone under 18 or under 21?

Age rules depend on who is handing over the gun and what kind of gun it is.

• From a dealer: a licensed dealer can't sell or deliver any firearm to someone it believes is under 18, or a handgun to someone under 21 (18 U.S.C. 922(b)(1), as explained in ATF's newsletter). So a parent can't buy a handgun as a gift for a 19-year-old and have the dealer hand it to them, because the dealer can't deliver it to them.
• Handguns and juveniles: federal law generally makes it illegal to transfer a handgun, or ammunition suitable only for a handgun, to anyone under 18 (18 U.S.C. 922(x)). There are limited exceptions, including temporary use for target practice, hunting, a safety course, or farm and ranch work with a parent's or guardian's prior written consent, and an inheritance of title (but not possession) of a handgun.
• State rules: many states set their own ages for owning or receiving firearms, so it's worth checking our federal age summary and your state's page.

Giving a gun as a gift FAQ

• Can I buy a gun as a gift for someone else? Yes, under federal law, if it's a bona fide gift. Form 4473 says you're the actual buyer when you buy the gun with your own money as a gift and the recipient gives you nothing of value for it, and the recipient isn't prohibited from having firearms.
• Is it a straw purchase if my friend pays me back later? It can be. Form 4473 says a gift is not bona fide if the other person offered or gave you money, services or anything of value to get the firearm for them. In that case you aren't the actual buyer and must answer "no" to question 21.a.
• Is it a straw purchase to buy a gun for someone who could legally buy it themselves? Yes, if you're really buying it on their behalf. ATF points to Abramski v. United States (2014), where the Supreme Court ruled the buyer broke federal law even though neither he nor his uncle was prohibited.
• Can I give a gun to a family member who lives in another state? Not directly. Federal law bars an unlicensed person from giving a firearm to an unlicensed resident of another state. Send it through a licensed dealer in the recipient's state instead. Bequests and inheritances are an exception if the recipient may legally own the gun in their state.
• Can I give my 16-year-old a handgun? Generally no. Federal law makes it illegal to transfer a handgun to someone under 18, with limited exceptions such as temporary use for target practice, hunting or a safety course with a parent's or guardian's prior written consent.
• Can I use my spouse's credit card to buy a gun? Yes, according to ATF's 2021 FFL Newsletter, as long as you're an authorized user on the card. You still need to be the actual buyer.
• Do I need a background check to give a gun to a relative in my state? Federal law doesn't require one for a private transfer between residents of the same state, as long as you don't know or have reason to believe the person is prohibited. Some states do regulate these transfers, so check your state's law first.

Related reading

• How does an FFL transfer work?
• Form 4473 and background checks on our federal laws page
• Prohibited persons under federal law
• Gun laws by state
• Find a licensed dealer

A gun can be a thoughtful, meaningful gift, especially when it comes with time at the range together. Keep the paperwork honest, make sure the recipient can legally have it, and check your state's rules. If anything about your situation is unclear, a local dealer or an attorney can help.