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Can I Gift a Gun? – Oklahoma

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

Robert: Hello this is Robert Robles. Attorney for U.S. LawShield in the state of Oklahoma, and I would like to talk to you about giving or gifting a gun to somebody in the state of Oklahoma.

It is perfectly legal in the state of Oklahoma for the owner, yourself, to give the gun to somebody as long as they are in a condition where they are allowed to have a gun. What do I mean by that? I mean they cannot be a convicted felon. The cannot be a minor.  They cannot be a lunatic or a person of unsound mind. They cannot be intoxicated. You have to be a wise as to who you give the gun to.

In Oklahoma, there are no gun registration laws that need to be followed. However, we do have federal requirements called the ATF Form 4473, which is a gun transfer document. It has to be signed and executed and conducted by a federal firearm licensee. That would be a gun dealer, who would conduct the transfer and inquire about the suitability of the person you want to give the gun to. You only have to do this if the person you intend to give the gun to is a resident from out of state.

The important thing is is the federal government does not want you to conduct a straw man purchase. You are a straw man purchaser if you are not the actual purchaser of the firearm. However, this term excludes legitimate gifts. For example, if your brother gives you money to go to the gun store and buy for him that is a straw man purchase. If you are buying a gun for your brother and its Christmas time and you want to give him a legitimate gift that is legal and not a straw man purchase.

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