Can I Gift a Gun? – Georgia

Do you have the question, can I gift a gun for the holidays? Watch Independent Program Attorney Matt Kilgo teach what you need to know before you buy. 

Matt Kilgo: It’s the holiday season, and the question often arises can I give the gift of a firearm for Christmas, for Hanhakuh, for whatever reason that I wish to give. Birthdays, for instance, family gatherings, yes you can give the gift of a firearm in Georgia. Some pretty common sensical rules apply.

Number one, you can’t give a firearm to a felon. You can’t gift a firearm to someone who is not legally able to possess it. And be aware of your recipient as well. If, for instance, if your recipient is your niece, your nephew, your son, your daughter, or grandchild and under the age of 18, meaning they’re juvenile, typically you cannot gift them a handgun. If you give them a handgun you have to have written permission from a parent or the legal guardian that this individual can possess it for farming, employment, target practice that’s a federal law. 18 U.S.C.922(X) look that one up.

Otherwise, long guns are ok, rifles and shotguns, especially if you are in the same state. Georgia grandmother, Georgia grandfather gives to Georgia grandchildren you’re ok. If one of the parties lives out of state however you’re going to have to go through an FFL.

If dad lives in Tennessee and gives a gun to son in Georgia then dad has to go through a Georgia FFL to make sure that everything is good there. There has to be a transfer through an FFL. You can’t just transfer across state lines.

In other words, you can absolutely give the gift of a firearm. Is it a straw purchase? Absolutely not. Remember a straw purchase, someone asks you to purchase a gun for him or for her, gives you money to purchase a gun for him or for her, that is a straw purchase. That makes the other person a transferer and you purchase a firearm for another person that’s a big no no. That’s a violation of federal law.

If however, you purchase the firearm, even with the intention of giving it as a gift so long as you are in the right state. Georgia to Georgia perfectly fine. And the individual you wish to gift the firearm is responsible and legally permissive to receive it then you’re ok. Go ahead and give that gift. Have a happy holiday. Grant someone the perfect gift for their birthday. It’s ok to give a firearm as a gift just make sure you follow the rules.

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