Legality of buying guns for kids?

[schmart]

So my children (young adults really) have been talking about getting concealable handguns. Trying to tell if I would be legal in purchasing a gun for each and giving them to them at Christmas. I don't want to even get close to the straw purchase clause. I know I can give them a gun that I have had for a "long time", but is there a period of time I have to have it before I give it away? All of them would pass a background check if we had to transfer through a FFL, but it would be much cooler to have the actual merchandise under the tree, (OK.. in the safe until just prior to opening them) than to have a photo of it and have to go to the dealer the next day...

I'd really like to see a link to the legal doc backing up the correct answer as I do recognize that not everything on the internet is correct!

Thanks!

 

[Bigtanker]

If you are buying it for a gift, you are fine. Your money, not theirs.

I can't tell if you live in Indiana but if you do, there is no reason to have to transfer the gun to them after you give it to them. Indiana has no registration. But it wrap it and gift it.

Someone will be by shortly for the legal parts.

 

[pudly]

Gifting a firearm to your child should be perfectly fine assuming they don't have residence (transferring firearms across state lines) or criminal histories. There is no minimum age for firearm ownership, only purchasing.

Warning: This advice is worth exactly what you paid for it.

 

[ScouT6a]

Yes, as stated above, it is perfectly legal to gift a firearm to your children, AS LONG AS, they are not legally prohibited from owning a firearm.
When purchasing a firearm, as a gift for the children, you ARE the actual purchaser of the firearm. It is not a straw purchase.

 

[Bigtanker]

When you fill out the 4473, fill it out EXACTLY as you would when you buy a gun for yourself. Because you ARE buying a gun for yourself.

 

[jd4320t]

Yep just buy it for them. It's a gift. They can use them and everything. Then when they turn 18 they can get their LTCH and take sole possession.

 

[schmart]

Thanks all! That is what I thought, but just wanted to make sure my understanding is correct.
We are all still Indiana residents, none would otherwise be enjoined from owning a weapon and all but 1 are over 18 all ready... so I think I would be good to go!

--Rick

 

[TheBoss930]

perfectly legal to gift them the firearm immediately.

 

[Kirk Freeman]

All of them would pass a background check if we had to transfer through a FFL, but it would be much cooler to have the actual merchandise under the tree, (OK.. in the safe until just prior to opening them) than to have a photo of it and have to go to the dealer the next day...

I'd really like to see a link to the legal doc backing up the correct answer as I do recognize that not everything on the internet is correct!

Thanks!

Given your facts, as long as everyone is intrastate and not prohibited persons, then gift away.

Please understand that there is no "legal doc" that allows you to do this. This is not German law. The law prohibits certain acts; the law does not allow certain acts.

I would look at the ATFE question and answers and the Indiana Code on Dangerous Control of a Firearm so you can get an idea of what is prohibited.

One last thing, have you considered purchasing training as a gift? Gun school is FAR more important than the actual weapon. The software is to the hardware as 3 is to 1.

 

[9mmfan]

Instead on having a big HS graduation bash for my son he opted for a handgun. He carries it daily now (and yes, he got his LTCH).

 

[throttletony]

What a great thread.
Another cool fact about gifting a gun to someone 18+ y.o. is that they can get their LTCH and carry it, even though they couldn't buy it for themselves I think that's pretty... nifty/spiffy/the bee's knees/etc.

I miss Indiana (I'm in MI now).

 

[Timjoebillybob]

I'd really like to see a link to the legal doc backing up the correct answer as I do recognize that not everything on the internet is correct!

Thanks!

Given your facts, as long as everyone is intrastate and not prohibited persons, then gift away.

Please understand that there is no "legal doc" that allows you to do this. This is not German law. The law prohibits certain acts; the law does not allow certain acts.

I would look at the ATFE question and answers and the Indiana Code on Dangerous Control of a Firearm so you can get an idea of what is prohibited.

He didn't say one that allows him to do this, he asked for one that backs up the answer.
Per the instructions on the form 4473 purchasing as a gift is not a straw purchase.
https://www.atf.gov/file/61446/download (pg4, left side, question 11a)

For your minor child, here is the IN law that applies to handguns and "assault weapons".
Indiana Code 2016 - Indiana General Assembly, 2016 Session
IC 35-47-2-7
Prohibited sales or transfers of ownership
Sec. 7. (a) Except an individual acting within a parent-minor child
or guardian-minor protected person relationship or any other
individual who is also acting in compliance with IC 35-47-10
(governing children and firearms), a person may not sell, give, or in
any other manner transfer the ownership or possession of a handgun
or assault weapon to any person under eighteen (18) years of age.

Also see IC 35-47-10
Chapter 10. Children and Firearms
For more restrictions/laws. But yes you can gift your under 18 child a firearm as long as they aren't prohibited from purchasing one except for being too young, and you don't know they intend to commit a crime with it.

 

[TheJoker]

One last thing, have you considered purchasing training as a gift? Gun school is FAR more important than the actual weapon. The software is to the hardware as 3 is to 1.

What Kirk said! I have bought training for a half dozen of my loved ones this year.

"Owning a handgun doesn't make you armed any more than owning a guitar makes you a musician." -- Jeff Cooper

 

[schmart]

Tim,
THANK YOU for a definitive answer! I should have thought of looking up the 4473 and instructions myself. Hopefully the thread helps somebody else out as well.
--Rick

 

[Shalashaska]

Fed and state law says you have to be 18 to own a handgun. But at 18 you can get your CCW and buy a pistol from a private transfer. I did both less than a month after my 18th birthday.

 

[AngryRooster]

Fed and state law says you have to be 18 to own a handgun. But at 18 you can get your CCW and buy a pistol from a private transfer. I did both less than a month after my 18th birthday.

 

[warthog]

Training would be best. I "owned" my first firearm at 8. My Dad kept it until he showed me how to shoot it and what not to do,like shoot people or be a vandal. He also had to buy the ammo for me so he knew exactly how much I had and what I was doing with it. He wouldn't let me shot alone until I was ten. I still have the rifle too. Oh, before I was able to use the rifle on my own, he took me to an NRA basic safety training event. Here is the rifle for those who like pix like me. A Mossberg Palomino (402) 22 short - Long- LR per the receiver....

 

[Bigtanker]

Fed and state law says you have to be 18 to own a handgun. But at 18 you can get your [STRIKE]CCW[/STRIKE] LTCH and buy a pistol from a private transfer. I did both less than a month after my 18th birthday.

Better Roster?

 

[AngryRooster]

Better Roster?

Wasn't really a facepalm for that. Just 3 small posts above his it was shown per state law that you do NOT need to be 18 to own the handgun. It doesn't appear he bothered to read the OP's question or any other part of the thread when he posted his 39th post.

It's probably just me. Been a bad weekend & I feel like a cat that's been petted backward all day (irritated). Was watching yesterdays runners when I read this thread and saw his post here. My apologies.

 

[Timjoebillybob]

Fed and state law says you have to be 18 to own a handgun. But at 18 you can get your CCW and buy a pistol from a private transfer. I did both less than a month after my 18th birthday.

Cite please.