Federal Firearm Laws on Gun Gifts
When asking "Can you give guns to friends," look at the federal laws first.
Under federal law, giving a gun as a gift without a background check is legal as long as:
- The recipient is not prohibited from owning firearms.
- The gun is not a regulated or illegal one in federal or state law.
- The gift-giver and recipient reside in the same state.
- The gift is not made as part of a “straw purchase.”
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) defines a “gift” as a firearm transferred without any expectation of payment or compensation.
As for the “straw purchase,” this is when someone buys a gun on behalf of another person who may not be able to pass a background check.
If you're buying a gun from a licensed dealer with the intention of giving it to a friend, be honest about that on Form 4473.
Giving Guns to People in the Same State
Can you give guns to friends in the same state? If you and your friend live in the same state, giving guns as gifts is usually easier.
In many states, like Texas or Arizona for example, you can hand over a firearm gift to someone without going through a federal firearms licensee (FFL or licensed dealer).
Some states will require you to use an FFL even for gifts between people living in the same state. The FFL will run a background check on your recipient before he can take possession of the gun.
Hawaii and Connecticut are examples of states that do this.
Giving Guns to People in Other States
Can you give guns to friends in different states? If your friend lives in a different state, federal law requires the gun to be transferred through an FFL in the recipient’s state.
So, you’ll have to ship the gun to a licensed dealer in your friend’s area and your friend will have to pass a background check to claim the gun.
Note that failing to follow this requirement is a federal offense — even if the transfer is a gift and the recipient is legally allowed to own a firearm.
State-Specific Requirements for Gun Gifting
As noted earlier, gun laws vary significantly by state. Some states have stricter rules for private transfers of firearms. For example:
- California and New York require that all firearm transfers go through a licensed dealer, regardless of whether it’s a sale or a gift.
- Illinois mandates a Firearm Owner’s Identification (FOID) card for both parties and requires verification of buyer eligibility through the state’s online system.
- Washington State and others have universal background check laws that apply to all firearm transfers.
So, before giving a gun to a friend, it’s critical to check your state’s Department of Justice or Attorney General’s website. Look for the specific requirements in your jurisdiction.
How to Safely Give Someone a Firearm
To stay on the right side of the law:
- Verify eligibility: Make sure your friend is legally allowed to own a firearm.
- Check your state’s laws: Find out what your state requires for gun transfers.
- Document the transfer: While not required in all states, it's wise to keep a written bill of sale (like this Texas bill of sale).
- Use an FFL if needed: For out-of-state transfers or strict states, use a licensed dealer to complete the transfer.
Conclusion on Gifting Guns
Now you know the answer to "Can you give guns to friends in the US?"
Basically, you can, but the legal process for doing so varies based on where you and your friend live.
When in doubt, consult an FFL to handle the transfer legally and safely. Your local FFL or your friend’s local FFL can usually provide guidance on the relevant laws.