Gifting A Handgun to Someone 18-20

[Treyden]

I am 20 years old am looking to possess my first handgun. I am aware that I can only purchase one from a private seller (per Tennessee Law). So my question is, could my mother/father purchase the handgun from a licensed dealer then gift it to me or have me buy it from them (as that would be a purchase from a private seller)? Would this be considered legal?

[FUJIMO]

First,  welcome to TGO.

Its a federal law (not state) that restricts you purchasing from an FFL. However, you may purchase from a private individual from your state as long as you are legally allowed to own a handgun. 

https://www.atf.gov/questions-and-answers/qa/may-individual-between-ages-18-and-21-years-age-acquire-handgun-unlicensed 

As to legally carrying on the person unless you are active or discharged military you are restricted until 21.

https://www.usconcealedcarry.com/resources/ccw_reciprocity_map/tn-gun-laws/

I would like to state I am NOT a lawyer and if these laws have changed then greater TGO minds will chime in to correct me  

WARNING   Handguns are addictive and you may find yourself unsatisfied with just owning 1 .

[Omega]

I wouldn't involve an FFL, it is too close to a straw purchase if they intend to transfer it to you.  It is permitted to gift someone a gun you get from an FFL, but many recommend you give a gift certificate or that the intended owner go do the paperwork.  

[ohell]

Make a fun project with a 80% lower until you find seller agreeable to transfer under federal age or can ffl purchase.  
No way you suggest someone purchase firearm to find out they don’t like it offer to sell to you. If someone had to look short term ownership could look like straw purchase. Proving is another story, but the punishment is in the process. 

[Snaveba]

How far are you from turning 21?  I totally understand wanting to be a handgun owner. However, if it is just that you want one now, as opposed to 6-12 months from now, it might be the easiest to just wait.  
 

And Fujimo is correct, they are addictive. 

[jeff43]

16 hours ago, FUJIMO said:

WARNING   Handguns are addictive and you may find yourself unsatisfied with just owning 1 .

It’s not just handguns!!

Long guns too!

[bobsguns]

On 11/22/2021 at 10:41 AM, Omega said:

I wouldn't involve an FFL, it is too close to a straw purchase if they intend to transfer it to you. 

Not at all. It clearly states on the 4473 instructions a family member may gift a firearm w/o it being considered a straw purchase. Question 21A on the 4473.

 

Edited November 25, 2021 by bobsguns

[monkeylizard]

14 hours ago, bobsguns said:

Not at all. It clearly states on the 4473 instructions a family member may gift a firearm w/o it being considered a straw purchase. Question 11A on the 4474.

 

 

I'm not sure what a 4474 is, but 4473 doesn't have a question 11A.

It has a 21A and nowhere does it make an exception for gifting to a family member. In fact, the word "family" isn't found anywhere on 4473 or its definitions pages.

https://www.atf.gov/file/61446/download

 

As for the OP, yes, they can gift it to you. But you can not have a pre-arranged setup where they're buying it on your behalf. It would probably be easier if you just waited until you're 21.

Edited November 24, 2021 by monkeylizard

[Snaveba]

1 hour ago, monkeylizard said:

 

As for the OP, yes, they can gift it to you. But you can not have a pre-arranged setup where they're buying it on your behalf. It would probably be easier if you just waited until you're 21.

And now the Men in Black know your plan…

[bobsguns]

8 hours ago, monkeylizard said:

I'm not sure what a 4474 is, but 4473 doesn't have a question 11A.

4474 is the Italian version..........................    

 

Fat fingers on my part. Should've been 21A, not 11A. My apologies. I corrected my earlier post.

I mentioned family because the OP did but you most certainly are correct in that it doesn't matter if one is family or not. 

Edited November 25, 2021 by bobsguns

[kwe45919]

I am not a lawyer, this is not legal advise.

As a parent myself, if my child asks for something for Christmas, I buy it and then I gift it to them. It's what you do especially during the Christmas holiday. 

If you ask your parents for a product, any specific product of your choosing for Christmas and they purchase and gift it to you, then there isn't an issue. 

JMO...

[Garufa]

OP is 20.  Wait until 21 then it’s not even a question.

[Croakerhouck]

Another option is simply for your mother/father to buy the handgun you desire from a private sale and gift it to you. No FFL's to worry about. Or you could do what I did when I was your age, and just state your age upfront in your want to buy ad when buying so only people who are comfortable with selling to a 18-20 year old sell to you if you would like to buy it yourself. Or wait 1-11 months to turn 21:)

[wttam]

Helpful information

 

 

 

 

[Capbyrd]

Another helpful bit of information.  
 

Don't trust advice from people on the internet without backing it up.  The law is written down.  Study the law to get your answers.  

 

 

 

[FUJIMO]

5 hours ago, Capbyrd said:

Another helpful bit of information.  
 

Don't trust advice from people on the internet without backing it up.  The law is written down.  Study the law to get your answers.  

 

 

^^THIS^^

Better yet its sometimes wise not to start a thread that can later come back to bite you

[RandyB]

I wouldn’t give it any thought (provided you can legally own one). Have your parents buy it and if anyone asks where it came from tell them it’s none of their business or it belongs to your dad and you just borrowed it.

[bobsguns]

6 hours ago, RandyB said:

I wouldn’t give it any thought (provided you can legally own one). Have your parents buy it and if anyone asks where it came from tell them it’s none of their business or it belongs to your dad and you just borrowed it.

Good answer!    

[Capbyrd]

11 hours ago, bobsguns said:

Good answer!    

No it's not.  

[bobsguns]

42 minutes ago, Capbyrd said:

No it's not.  

Sure it is. Nothing illegal about it & it's no one's business where it came from. 

RandyB nailed it.

[Capbyrd]

12 minutes ago, bobsguns said:

Sure it is. Nothing illegal about it & it's no one's business where it came from. 

RandyB nailed it.

No it is not.   This isn't something like a potential traffic ticket.  This is concerning a felony that could land you in prison for 20 years.  If you want to take chances with that kind of thing, fine.  But do not recommend it to someone else, especially a young man asking for advice on how to stay on the right side of the law. 

This isn't about what law should be.  This is about what the current law is and how to avoid running afoul.  

[FUJIMO]

Given the OP posted this then ghosted on out I'd consider anything at this point

This thread could have been closed 500 words ago

[Capbyrd]

1 minute ago, FUJIMO said:

Given the OP posted this then ghosted on out I'd consider anything at this point

This thread could have been closed 500 words ago

Just because the OP is gone doesn't mean that the information isn't useful for others.  

[FUJIMO]

Just now, Capbyrd said:

Just because the OP is gone doesn't mean that the information isn't useful for others.  

I didn't say scrub the thread but the current law has been pointed out and his question answered. From there it's just opinion on what "I" would do which is what you referenced above ^^^^. And as you covered it's best not to suggest brushing off a felony like it were jay walking.

[chances R]

Not an attorney, nor is this legal advice....but certainly my opinion based on knowledge and study of related matters.  Straw purchase and gifts are entirely different.  Proof only has to be provided to LE if necessary.  Keep in mind, in TN, it is legal for certain 18 - 20 yo to carry a handgun in TN.  They have to be able to legally obtain such firearms in some way; private purchase or gifts would be such ways.  One has to be certain to walk that line above reproach.  Whether you want to be involved in such a transaction is your personal choice.  I would simply say that both buyer and seller need to be aware of the laws and act accordingly.