You can gift a gun under federal law, but whether the transfer is legal depends on three things: whether you already own the firearm or are buying it for the occasion, whether the recipient lives in your state, and whether they are legally allowed to possess a firearm. Get any of those wrong and a well-meaning present can become a federal felony. The simplest case (handing a rifle to your adult son in the same state) requires no paperwork at all. The most involved (shipping a handgun to a relative across state lines) runs through two licensed dealers and a background check.
Same-State Gifts of a Gun You Already Own
If you already own the firearm and the recipient lives in your state, federal law does not require a licensed dealer, a background check, or any paperwork. The ATF has confirmed that an unlicensed person may transfer a firearm to another unlicensed person in the same state, provided the transferor has no reason to believe the recipient is prohibited from possessing firearms.1Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Transfers of Firearms by Private Sellers There is no federal record of the transfer.
State law is where this gets more complicated. Roughly 20 states have universal background check laws that cover most or all private transfers, including gifts. In those states, both parties must go through a licensed dealer even though federal law would let them skip it. Some states layer on waiting periods, registration, or permit requirements for private transfers. Check your state’s rules before handing anything over.
Buying a Gun as a Gift From a Dealer
When you walk into a gun store to buy a firearm you intend to give away, you fill out ATF Form 4473. Question 21.a asks whether you are the “actual transferee/buyer.” If you are paying with your own money and giving the firearm as a genuine gift, you answer yes. The ATF treats you as the actual buyer in that situation.2Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). ATF Form 4473 – Firearms Transaction Record Revisions The dealer runs the NICS background check on you. Once it clears, the gun is yours to give.
If the recipient later has to pick the firearm up from a dealer (because the transfer is interstate, or because state law requires dealer involvement) and they are under 21, the background check on that pickup includes an enhanced review. Under the Bipartisan Safer Communities Act, buyers under 21 can face a waiting period of up to 10 business days while NICS looks for disqualifying juvenile records.3United States Congress. Bipartisan Safer Communities Act
The Line Between a Gift and a Straw Purchase
The distinction is straightforward but unforgiving. A bona fide gift means you buy the firearm with your own money, on your own initiative, and give it to an eligible person without expecting anything back. A straw purchase means someone else is providing the money or directing you to buy the gun for them, usually because they can’t or won’t pass a background check themselves.
Who the true buyer is decides the case. If your brother hands you $500 and asks you to buy him a pistol because he has a felony conviction, that is a straw purchase. If you spend your own $500 on a pistol for his birthday and he has no disqualifying record, that is a legal gift. Lying on Form 4473 about who the actual buyer is violates federal law regardless of whether the ultimate recipient would have passed a check.4Office of the Law Revision Counsel. 18 USC 922 – Section: (a)(6)
Congress created a standalone federal straw purchasing offense in 2022. Penalties run up to 15 years in prison, and up to 25 years when the straw purchase is tied to drug trafficking or terrorism.3United States Congress. Bipartisan Safer Communities Act Even without those aggravating facts, a false statement on Form 4473 combined with a straw purchase charge can produce substantial prison time and fines.
Who Can’t Legally Receive a Gun
Federal law makes it illegal to give a firearm to someone you know or have reasonable cause to believe falls into a prohibited category. This applies whether the transfer goes through a dealer or happens privately in the same state.5Office of the Law Revision Counsel. 18 USC 922 – Section: (d) Under 18 U.S.C. § 922(d) and (g), prohibited recipients include anyone who:
- Has been convicted of a crime punishable by more than one year in prison (all felonies and some serious misdemeanors, no matter what sentence was actually served)
- Is under indictment for such a crime
- Is a fugitive from justice
- Unlawfully uses controlled substances or is addicted to them
- Has been committed to a mental institution or adjudicated mentally unfit at age 16 or older
- Was dishonorably discharged from the military
- Has renounced U.S. citizenship
- Is in the United States unlawfully or was admitted on a nonimmigrant visa
- Is subject to a qualifying domestic restraining order issued after a hearing they had notice of
- Has been convicted of a misdemeanor crime of domestic violence6Office of the Law Revision Counsel. 18 USC 922 – Section: (g)
Knowingly giving a firearm to a prohibited person is a separate federal crime from straw purchasing, and violations carry steep prison sentences under 18 U.S.C. § 924.7Office of the Law Revision Counsel. 18 USC 924
The controlled substance category catches more people than the others, largely because of marijuana. Federal law still classifies marijuana as a controlled substance regardless of state legalization. A recipient who regularly uses marijuana is a prohibited person under federal law even if their state has legalized it recreationally or medically. In January 2026, the ATF revised the “unlawful user” definition to require evidence of regular and recent use over an extended period rather than a single incident, so isolated or sporadic use no longer disqualifies someone.8Federal Register. Revising Definition of Unlawful User of or Addicted to Controlled Substance Regular use still does.
Gifting Across State Lines
Federal law prohibits unlicensed individuals from transferring a firearm to anyone they know lives in a different state.9Office of the Law Revision Counsel. 18 USC 922 – Section: (a)(5) You can’t hand a gun to your out-of-state nephew over Thanksgiving dinner and call it done. A licensed dealer has to be involved, and the specific path depends on the type of firearm.
Handguns
An interstate handgun gift has to go through a licensed dealer in the recipient’s home state. You bring the firearm to a local dealer, who ships it to a dealer in the recipient’s state. The recipient goes to that dealer, fills out Form 4473, and passes a background check before taking possession. Both dealers may charge transfer fees, commonly $20 to $75 each, though prices vary.
Rifles and Shotguns
Long guns get a narrower option. A licensed dealer can complete an over-the-counter transfer of a rifle or shotgun to a non-resident as long as the transaction complies with federal law and the laws of both states involved.10Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Federal Firearms Licensee Quick Reference and Best Practices Guide In practice, that can mean handling the whole transfer at a dealer in your state. Not every dealer will do it, because they have to verify compliance with both states’ laws.
Age Limits for Recipients
Federal age limits for receiving a gift differ from the limits for buying at a store, and they split by firearm type.
For handguns, an unlicensed person cannot transfer a handgun to anyone under 18. Minors under 18 can temporarily possess a handgun only under narrow exceptions, with written parental consent and adult supervision for activities like target shooting, hunting, or farm and ranch work.11Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Minimum Age for Gun Sales and Transfers12ATF eRegulations. 478.103 Posting of Signs and Written Notification to Purchasers of Handguns
For rifles and shotguns, federal law sets no minimum age for a gift from an unlicensed person. Many states impose their own age floors, so check local law before handing a long gun to a minor.
If the gift goes through a licensed dealer (because state law requires it or the transfer is interstate), the dealer’s age rules control: 21 for handguns, 18 for long guns. Buyers under 21 at a dealer are also subject to the enhanced NICS review that can add up to 10 business days.
Antique Firearms Sit Outside These Rules
Firearms manufactured in or before 1898 are classified as “antique firearms” and are exempt from the Gun Control Act entirely.13Office of the Law Revision Counsel. 18 USC 921 – Section: (a)(16) The exemption also covers replicas that use non-standard ignition systems or ammunition no longer commercially available, and muzzle-loaders designed for black powder that cannot accept fixed ammunition. If the firearm qualifies, no FFL transfer, Form 4473, or background check is required under federal law, even across state lines. Some states regulate antiques more strictly, so confirm local rules before relying on the exemption.
Getting the Gun to the Recipient
If you and the recipient aren’t in the same room, you’ll either ship the firearm or carry it yourself. Both have federal rules that are easy to trip over.
Shipping
Non-licensees can mail rifles and shotguns through USPS to recipients within the same state, or to a licensed dealer in another state. Handguns have historically been off-limits for USPS shipping by non-licensees, and private carriers like FedEx and UPS generally require the sender to be a licensed dealer or to ship to one. The practical result is that an interstate handgun gift almost always moves between two FFLs regardless of carrier.
Flying With It
TSA requires any firearm you fly with to be unloaded, locked in a hard-sided container, and placed in checked baggage only. You must declare it at the airline ticket counter during check-in.14Transportation Security Administration. Firearms and Ammunition Ammunition must be securely packaged in checked luggage as well. Loaded firearms and loose ammunition are never allowed in a carry-on. Federal law protects your transport across state lines as long as the firearm is unloaded and stored out of reach and you are legally allowed to possess it in both your departure and destination states.15Office of the Law Revision Counsel. 18 USC 926A – Interstate Transportation of Firearms Flying does not exempt you from the interstate transfer rules: you still cannot hand the gun to an out-of-state recipient without going through an FFL when you arrive.
Gift Tax on High-Value Firearms
Most gifts won’t trigger any tax obligation. In 2026, you can give up to $19,000 per recipient per year without filing a federal gift tax return.16Internal Revenue Service. What’s New – Estate and Gift Tax If the firearm’s fair market value exceeds $19,000, you’ll need to file IRS Form 709, though you likely won’t owe any tax unless you’ve already used a substantial portion of your lifetime gift tax exemption.17Internal Revenue Service. Instructions for Form 709 The value is the fair market value at the time of transfer, not what you originally paid. A standard hunting rifle or home defense shotgun will never hit the threshold. An engraved pre-war Colt or a curio collection might.