Rifle basics

Giving a Rifle as a Gift: Legal Basics for the Holidays

A rifle under the tree is a tradition in many families. Doing it lawfully takes a little planning, and sometimes the best gift is letting the recipient choose.

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Short answer

Under federal law you may buy a rifle as a bona fide gift using your own money, as long as the recipient did not pay you or give you anything of value for it and is not prohibited from having firearms. If they paid, it is a straw purchase, which is a federal crime. Gifts to someone who lives in another state generally must go through a licensed dealer (FFL) in the recipient's state. Many states add their own transfer rules, so check your state and the recipient's before you buy.

The bona fide gift rule, in plain English

When you buy a firearm from a licensed dealer, you complete ATF Form 4473 and certify whether you are the actual transferee/buyer. ATF's guidance to dealers (see its June 2021 FFL Newsletter) explains that someone legitimately purchasing a firearm as a bona fide gift for a third party is the actual buyer. It also says a gift is not bona fide if another person offered or gave the purchaser money for it.

SituationGenerally
You pay with your own money and give the rifle to your adult son, who did not pay youA bona fide gift under federal guidance, subject to state law
Your friend gives you cash and asks you to buy the rifle for themA straw purchase, which is illegal
You buy it for someone you know or have reason to believe is prohibited from having firearmsIllegal under federal law
You buy it to get your discount for someone who reimburses youNot a bona fide gift

ATF's newsletter is clear that the relationship between the buyer and the other person does not change this analysis. Family members are not exempt.

Recipients in another state

Federal law generally prohibits an unlicensed person from transferring a firearm directly to an unlicensed person who lives in another state. ATF's same newsletter notes that interstate transfers between unlicensed individuals are unlawful unless a licensed dealer facilitates the transaction. In practice, that usually means shipping or delivering the rifle to an FFL in the recipient's state, where the recipient completes the paperwork and background check. There is a narrow federal exception for transfers carrying out a bequest (inheritance), described in 18 U.S.C. 922(a)(5); a holiday gift is not that.

Dealers charge transfer fees and have their own policies. Call the recipient's local dealer before you buy, and ask how they handle incoming gift transfers. Shops are often at their busiest between Black Friday and Christmas, so start early if the rifle needs to arrive and transfer before a holiday or a late-season hunt.

Age rules

Under 18 U.S.C. 922(b)(1), licensed dealers may not sell a rifle or shotgun, or its ammunition, to someone they know or have reasonable cause to believe is under 18. Many families give a first rifle to a younger hunter by buying it themselves, keeping ownership and control, and supervising its use. State laws on minors and firearms vary widely, including rules on supervision, storage and the age at which a minor may possess a rifle, so check yours. Our family range day guide has ideas for introducing a young shooter safely.

State transfer laws

States differ more than most gift-givers expect. Some require private transfers to be processed through a dealer with a background check; some extend that to family members, others exempt close relatives; some have permit, waiting period or registration requirements; and some restrict particular rifles or magazine capacities. Our guide to rifle buying in restrictive states shows how to find the official source for each state. If in doubt, do the transfer through a dealer.

Gift options that avoid guessing

Even when a rifle gift is lawful, it is easy to pick the wrong one. Fit, caliber, action and optics are personal. Consider:

Giving a rifle you already own

Passing down a rifle you own, such as a first deer rifle handed to a grown child, is a private transfer rather than a dealer sale. Federal law still prohibits transferring a firearm to anyone you know or have reasonable cause to believe is prohibited from possessing one, and the out-of-state rule above still applies. Within one state, whether a dealer and background check are required depends on that state's law. Many families keep a simple written record of the transfer, with the date, the rifle's make, model and serial number, and both parties' names, even where the law does not require one. If the rifle is going by mail or courier, note that carriers have their own firearm shipping policies, and shipments to another state generally go to a licensed dealer.

If you do give a rifle

  1. Confirm the gift is lawful under federal law and in both states, if two are involved.
  2. Pay with your own money; accept nothing of value in return.
  3. Choose a rifle you are confident fits the recipient's use and size, or plan an exchange window with the dealer.
  4. Arrange secure storage until the gift is given. A wrapped rifle is still a rifle in the house; keep it locked.
  5. Give a lock or storage solution with it. Our holiday travel and storage guide covers storage during busy, guest-filled weeks.
  6. Include ammunition the recipient is legally allowed to have, or a voucher for it.

Gifts that pair with a new rifle

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Radians Terminator Earmuff

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If they already own the rifle, a scope upgrade can be a gift, but check their mount and tube size first.

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FAQ

Can I buy a rifle as a gift for someone?

Under federal law, yes, if it is a bona fide gift paid with your own money, the recipient gave you nothing of value for it, and the recipient is not prohibited from having firearms. State laws may add requirements.

What is a straw purchase?

Buying a firearm on behalf of someone else, for example when they give you the money. You are not the actual buyer, and it is illegal.

Can I give a rifle to a family member in another state?

Generally the transfer must go through a licensed dealer in the recipient's state, who handles the paperwork and background check.

How old do you have to be to receive a rifle as a gift?

Licensed dealers may not sell rifles to people under 18 under federal law. Rules on minors possessing rifles vary by state; adults often keep ownership and supervise use.

Do I need a background check to give a rifle to my son?

It depends on your state. Some states require private transfers, including some family transfers, to go through a dealer. Check your state's official guidance.

What is a good alternative to gifting a rifle?

A dealer gift card or a shopping trip together lets the recipient choose a rifle that fits them and complete the purchase themselves.