Giving a gun as a gift - TX

R

Rjeezie

New member
Just wanted to double check, but what do you have to do anything special/different if you plan on buying a gun to give to somebody as a gift?
 
+1
Lie on the background check form and delete this thread asap
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Or to do it legally, assuming it is a Christmas gift, go to a licensed dealer the next day and pay him for a transfer. If it is being bought from a dealer, and you explain what you want to do he may wave the fee. Depends on the dealer.
 
robhof

Don't know about Tx, but I've bought at least 3 pistols as gifts for my son and all I did was make up a bill of sale and have it notarized and for price, I wrote gift. I was told this is legal by a Deputy sheriff, who is a member of our gun club.
 
Don't know about Tx, but I've bought at least 3 pistols as gifts for my son and all I did was make up a bill of sale and have it notarized and for price, I wrote gift. I was told this is legal by a Deputy sheriff, who is a member of our gun club.
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Specific notarization or does it matter?
 
There is no registration of firearms in Texas. Buy the gun. You are not lieing on the forms. You are buying it for yourself.

Give it to your son.

It is his. Nothing else has to be done. Don't try to make Texas into New York or other anti gun states.

I have at least 10 weapons given to me by my father when we both lived in Texas. No one cared then and no one cares now.
 
There is no registration of firearms in Texas. Buy the gun. You are no lieing on the forms. You are buying it for yourself.

Give it to your son.

It is his. Nothing else has to be done. Don't try to make Texas into New York or other anti gun states.
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See that's what I thought but I wasn't sure
 
+1 on post 2 above mine,the only time it becomes a problem is if its a straw purchase,knowingly buying it for someone that can't legally purchase OR posses a firearm. you are obviously not doing that,enjoy!!
 
Let's clear some things up...

...the only time it becomes a problem is if its a straw purchase,knowingly buying it for someone that can't legally purchase OR posses a firearm.
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No, that's providing a firearm to a prohibited person.

A straw purchase is receiving compensation from another person to provide him/her with a firearm. It doesn't matter whether the person receiving the gun is prohibited from owning it or not.

It may sound like I'm picking nits but it's really important to understand the difference. The above statement may mislead some people into concluding that an illegal straw purchase is OK if the person receiving the firearm is eligible to own it. It's STILL NOT OK. Don't do it. :)

That said, giving a firearm as a gift is legal under federal law and also TX state law. The key is that no compensation is expected from the person receiving the firearm. It's really quite simple: compensation = straw purchase = ILLEGAL, no compensation = gift = OK. :cool:

BTW note that I use the word "compensation", i.e. money, goods, or services. Another common knuckle-headed misconception is that you can't give the straw purchaser any money, but somehow it's OK to, say, give her your air compressor in trade, or agree to mow his lawn all summer. Any court of law is going to see right through this sham; really, it's imbecilic. :rolleyes:

BOTTOM LINE: Assuming the person receiving the gift is over the age of 17 and you believe they're legally eligible to own it, you're fine. Really. :D Just fill out the Form 4473 like normal.

MANDATORY DISCLAIMER: I am not an attorney, nor do I play one on TV. ;) This is not official legal advice. Caveat emptor.
 
Thank you. I know for a fact the person is legally elgible to own one and is over 17 (family member). It is a Christmas gift, so no compensation whatsoever. Thanks again, just wanted some clarity
 
You know what else? I think it's pretty sad that we even have to worry about the legality of a law abiding citizen buying his son a firearm.:(
 
The "problem" is determining who is a "law abiding" citizen at the point of sale/transfer/gifting/loaning - etc. There are A LOT of straw purchases in the gang ridden area here in Eastern PA.
 
chris-you have your definition and thats fine:rolleyes:


from wikipedia:
"A straw purchase is any purchase whereby the purchaser is knowingly acquiring an item or service for someone who is, for whatever reason, unable to purchase the item or service themselves. This term can be applied to any such purchase, but it is most widely used in relation to the sale of fire arms, especially in United States federal gun laws"....


but it's a moot point now isn't it?
 
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from wikipedia:
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Please, do not rely on wikipedia for your legal knowledge. That's just not smart.

Whatever you do, make it the legal and responsible choice please. There's no point in just being lazy when you can still do it legally.
 
When I bought my daughter a pistol I purchased a gift certificate and then gifted that to her. She picked out the one "She" wanted and filled out the paperwork herself.
Of course I have bought firearms for them as teenagers and they have them today and the paper trail would lead back to me.
However I look at a handgun a little different, if they are old enough to own then they can do the paperwork.
 
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