Virginia Gun Owners Forum - VGOF

Im new to VA and would like to know the law regarding the gifting of a firearm (specifically an AR15) to another person. As background, both parties are VA residents, not related to one another, and not prohibited from owning firearms. If you could point me to the law that covers this matter, it would be much appreciated. From my understanding, it is okay, but I just want to cover all my bases.

Thank you.

jak77 wrote:...not related to one another

Here's how you do this so all is on the up and up. If you're buying a new firearm from a local dealer, ask them to whip up a gift certificate and then you give that to the person. Then that person goes down to the dealer and completes the VA and ATF 4473 forms for the required background check. This will prevent you from lying on a gun form about what is essentially a straw purchase.

If you already own the firearm you're going to give as a gift, that may be a different matter. So I'm going to leave that one to someone else to comment on because I just don't know.

Why can't you just set it up like any other private sale? Mark the receipt for $5 and buy them lunch.

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If both parties are VA residents and not prohibited from owning firearms you can give or sell long or handguns with no restrictions. If you purchase from a firearms store you can also give the gun away, as long as it is truly a gift.

wally626 wrote:If both parties are VA residents and not prohibited from owning firearms you can give or sell long or handguns with no restrictions. If you purchase from a firearms store you can also give the gun away, as long as it is truly a gift.

+1

A straw purchase would only be if you were buying it for him because he couldn't and he was paying you to do so.

OakRidgeStars wrote:

jak77 wrote:...not related to one another

Here's how you do this so all is on the up and up. If you're buying a new firearm from a local dealer, ask them to whip up a gift certificate and then you give that to the person. Then that person goes down to the dealer and completes the VA and ATF 4473 forms for the required background check. This will prevent you from lying on a gun form about what is essentially a straw purchase.

If you already own the firearm you're going to give as a gift, that may be a different matter. So I'm going to leave that one to someone else to comment on because I just don't know.

Who said I was buying the firearm? Im planning on gifting a firearm I already own.

Maybe Ill draw up a bill of sale for a penny so all is "on the up and up."

jak77 wrote:

OakRidgeStars wrote:

jak77 wrote:...not related to one another

Here's how you do this so all is on the up and up. If you're buying a new firearm from a local dealer, ask them to whip up a gift certificate and then you give that to the person. Then that person goes down to the dealer and completes the VA and ATF 4473 forms for the required background check. This will prevent you from lying on a gun form about what is essentially a straw purchase.

If you already own the firearm you're going to give as a gift, that may be a different matter. So I'm going to leave that one to someone else to comment on because I just don't know.

Who said I was buying the firearm? Im planning on gifting a firearm I already own.

Maybe Ill draw up a bill of sale for a penny so all is "on the up and up."

Shouldn't be any need. Guns are treated like just about all private property in VA but IANAL.

I'd just draw up a paper that basically says so and so received said rifle from so and so as a gift on date. Signed you and them. Dated and possibly notarized. It'll CYA just in case the firearm is ever used for a crime.

The only law on that subject has to do with whether the donee is a person eligible to be lawfully in possession of a firearm at all. If they are not (e.g., subjected to inpatient treatment for psychological disorders, convicted felons, persons subject to a protective order, etc.) then you may not transfer possession of the firearm to that person. Note that none of that has anything to do with whether or not the person may own or possess title to, the firearm.

So you can "give" a firearm you own to anyone, in the sense of transferring ownership, but you can't "give" the firearm itself to that person if he's not lawfully eligible to be in possession.

Otherwise, you're cool, and he's cool, so knock yourself out.

The only paperwork you need is to wrap it with Hello Kitty paper.

Notarized?

The only reason to do any paperwork was if the recipient wanted some proof of ownership. In which case a paper signed by both parties that said you gave him the gun with the date and serial number would suffice.

rromeo wrote:The only paperwork you need is to wrap it with Hello Kitty paper.

Notarized?

Yes, like I said CYA means cover your as$,in case it is ever used to commit a crime it takes the responsibility away from you without a doubt. Obviously you've never had an issue with having to prove anything. It's definitely not a legal requirement rather some advice. Thought I said that already..... "possibly" before the "notarized"....