Gifting a handgun to a friend

Am i legally responsible to ask a friend any personal questions about his past before i agree to make an even trade for his wood fired grill and smoker for my 38 special handgun. I have known him as a neighbor for 10 years and i have no reason to believe he had any criminal past.

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@John1578 Welcome to our community, we are glad to have you with us. :slightly_smiling_face:
What state are you in???

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@John1578
Welcome to the Community :handshake:.

My honest recommendation… legally responsible or not… do you trust people these days? I don’t. I trust myself, my wife and my kids.
If you want to live a happy life, made the transaction through FFL and let them deal with legal responsibility.

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You may not transfer a firearm to anyone you have reason to believe is a prohibited person.

They also must be a resident of the same state.

Federally that is all I am aware of. Check your state to see if there are any laws about private sales that go beyond that

uscca.com/laws

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What He said!
Do you like the thought of the ATF crawling up yer ass?
Do you KNOW (really know) this person?
Why invite Trouble?
Take him to a Gun shop and help him pick out his own Firearm!
*and IF he can’t pass muster w/ the Fed’s he shouldn’t own a Gun…
Is the gun in YOUR name/on YOUR 4473?
YOU are responsible for that Firearm till you go to an FFL and they buy it from you
removing you from the ownership/4473
It isn’t worth a Great deal on a Wood Fire Grill or a EV Car on Blocks!

Welcome John1578, Welcome to the fold Brother.

Do EVERYTHING BY THE BOOK—So you don’t get one thrown at you.

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For what it’s worth, in a great many states, by the book does not require that you register the transaction with the federal government via an FFL and 4473. For most states, this is an optional decision.

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I don’t take chances w/ this Administration and their Minion Alphabets.
That Gun can be stolen, lent out to another fellow whatever.
It COULD come back and bite me on the ass. NO THANK YOU!
The couple of Hundred$$$$$ or a Stove or Car or a Good deed is not worth
that firearm being used in a Massacre or Political Assassination
I have had ‘CLEAN’ Guns, NO history, No papers when the World was sane
and not Over ruled and Regulated. If I had one of THOSE it COULD be a quiet Gift BUT…
image

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@John1578 Welcome aboard. Great first question.
Personally I would never gift or trade a firearm with a neighbor or a close friend without having my own personal documentation and a deep knowledge of their past!
I keep a firearms log book, so the 38spcl I gifted/sold to my daughter for a $1.00 is recorded with the serial number and date.

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… A Picture of you handing the firearm over
A Vile of her blood
A DNA test from TRI-Core
A signed Affidavit (in triplicate witnessed by the entire Neighborhood)
A picture of the resident-in-thief in a diaper (My get out of Jail free card).

I’m NOT Paranoid, But am I Paranoid enough?

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Not to mention Ancestry.com. If we’re going to dig, go deep or go home!
If I lend my firearm to a neighbor on the range I require their first born!

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“Take my wife Please!” —R. Dangerfield

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That will not remove you as the original owner. An ATF trace will only find the original owner.

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In my state, Colorado, you have to go through an FFL which conducts a background check (and charges a fee for doing so). You can’t simply ask your friend whether they are a crook or a “prohibited person.”

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Even that…
You won’t be able to control what’s happening with the firearm anymore.
Is it gonna be locked in the safe? What happens if it gets stolen? What happens if , God forbids, will be used in shooting?
If the firearm is still attached to you on federal level, you can expect XXX agency ruining your front door and windows one night…

Sometimes doing something legally allowed doesn’t mean it’s the way to go.
Secure yourself from future problems. Couple hundreds bucks exchange may not be worth federal investigation.

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He has to be not a prohibited person.
Best way to find out is by completing a Form 4473 at a FFL.

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Welcome John 1578.

As you can see, there are several strong opinions in reference to this particular subject. I don’t trade or give away any of my weapons for any reason. I have learned that lesson. I don’t even sell them anymore.

I bought my ex wife a little Taurus .380 PT58. Sweet little pistol. When we divorced, she wanted to take it with her. I just wanted her gone, so I agreed. We had our lawyers draw up a separate document stating I was giving her the pistol in agreement with our divorce. I gave her the pistol in front of both our lawyers. We both signed the document, the lawyers signed the document. Her lawyer was supposed to file with the Government but never did. She sold the pistol to a pawn shop. Got $150 for it. I told her when we divorced if she ever needed to sell it, I would give her $400 for it. The pawn shop sold it to someone else. That person went and committed a crime and got caught.

Guess who they came looking for…

I had to dig through some ancient history, but I did find all our divorce papers and the document we all signed transferring it to her. Her lawyer never filed anything.

It will be better for you to come up with a dollar amount equivalent to the worth of the pistol and just give him the cash. Keep the pistol.

Do not EVER let your weapons go for any reason.

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In WI he could do a private sale or trade. I would suggest a signed bill of sale. :roll_eyes:

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aka, a registry

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I am not a lawyer, but technically, the OP has to not have reason to believe the recipient is a prohibited person.

Which is a significant and important distinction to make

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Does he have any other guns! Does he have a carry permit!! Just say he’s borrowing it and gave you his fired grill and smoker as collateral!!!

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