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Terry G
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That's an excellent question. The latest Form asks are YOU buying this firearm for your self?
jrmiddleton425
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No. It asks if you are the actual buyer/transferee.
It also tells you, in writing (page 4, instructions for question 21a), what the difference is between a straw purchase and a bona fide gift. You may purchase and then GIFT a firearm, if you receive NOTHING in return for doing so.
jmorris
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Yes, maybe.
https://www.atf.gov/firearms/qa/may...or-ammunition-gift-juvenile-less-18-years-age
Doesn’t have to be your kid either.
https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca
You also need to be sure you are not breaking any State or Local laws, on both ends. That said, kids seem to prefer cash..,
https://www.atf.gov/firearms/qa/may...or-ammunition-gift-juvenile-less-18-years-age
Doesn’t have to be your kid either.
https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca
You also need to be sure you are not breaking any State or Local laws, on both ends. That said, kids seem to prefer cash..,
Old_Grouch
Member
Exactly. When in doubt, read the instructions.
Telum Pisces
Member
You will answer yes that you are the actual buyer as long as you are using your money and gifting it to your son/daughter! Legal all day long as long as state laws are followed as well.
HankB
Member
In a related question - can a father facilitate purchase of a firearm for his minor child living at home? The situation I'm thinking of is if Junior has saved his allowance and odd job money long enough to pay for it himself, can Dad "buy" it for him using Junior's money? Or is that kind of father/minor child transaction an illegal straw purchase? (I'm thinking of a normal nuclear family, uncomplicated by things like split custody.)
The answer to your related question is in the third sentence of the quoted instruction in post 6.
F-111 John
Member
Federally, it is legal as long as it is a bona fide gift, HOWEVER, your state laws will also apply to the transfer as to whether it can be done in private, or if the transfer requires the services of an FFL.
Also, not mentioned by you is whether both you and the adult kid live in the same state. If you do not both reside in the same state, then the gift MUST be transferred through an FFL, in the recipient's home state for a handgun, in either your state or the recipient's state for a rifle, again only if allowed by state law.
"You also need to be sure you are not breaking any State or Local laws, on both ends. That said, kids seem to prefer cash..," The problem with that, is that it is gone in a few days, and in a few weeks, they don't remember what they spent it on. a rifle, will last them a lifetime. and they will always remember who gave it to them.
no problem there. she still lives at home.
Old Dog
Member
My daughter loves it when I give her a gun for a graduation, birthday or Christmas gift. I've bought firearms specifically to gift to her. (Did I mention she's a millenial who favors 1911s?)
Nope, it isn't a gift, Junior gave Dad the money so it isn't Dad's money being used to transfer the gun to Junior so Dad isn't the actual transferee/buyer. As pointed out in post number 6 above quoting ATF.
Sav .250
Member
Instead of giving, why not lend. Or let him borrow. Just a thought.
Nope. Hso already explained why, but the fact that you put "buy" in quotes tells me you likely already knew the answer to that.
There is no exception under the straw purchase rules for family. If my daughter gave me $$ to buy a gun for her, that's a straw purchase. If I buy a gun with my own $$ and give it to her, that's a gift. (With the caution that if she's a resident of another state, we still have to go through an FFL.)
Sounds like you raised her right.
Atavar
Member
Actually, a minor child has no legal possessions. They belong to his parents. So it is Dad’s money. Dad can take away a minor child’s bike, his phone or his money.
That's really beyond the scope of this thread, so let's not go down that rabbit hole, OK?
It actually does seem relevant though. If Atavar is correct, (I don't know for sure that he is) a minor can't actually own money, and the money they have is actually their parent's, to do with as they please, it seems like that would change things, no?
Not as far as I can tell. Besides, this is the original question.
The question was not whether a minor can own money or property. The original question had to do with an "(adult) kid."
I get that it wasn't the original question. I suppose a person could start a thread asking if a minor can legally own money or property, but that wouldn't be a firearms law question though........
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