Buying a Gun as a Gift: Gifts vs. Straw Purchases

Is it legal to buy a gun for someone else as a gift?

Yes, if it’s a real gift. The instructions for ATF Form 4473 say you are the actual buyer when you’re legitimately buying the gun as a bona fide gift for a third party. The gift is not bona fide if the other person gave or offered you money, services or anything of value to get the gun for them, or if the other person is legally barred from having it.

What is a straw purchase?

A straw purchase is when someone buys a gun on behalf of another person and passes themselves off as the actual buyer. The classic example from ATF: Mr. Smith gives Mr. Jones money to buy a gun for Mr. Smith. Mr. Jones is not the actual buyer, and if he says he is on Form 4473, he’s committing a crime.

It doesn’t matter that the real recipient might be able to pass a background check. Lying about who the buyer is still counts as a false statement on the form.

Gift or straw purchase? Examples

What are the penalties for a straw purchase?

The Bipartisan Safer Communities Act of 2022 made straw purchasing its own federal crime under 18 U.S.C. 932. According to ATF, it carries up to 15 years in prison and fines up to $250,000, and up to 25 years if the gun is used in a felony, an act of terrorism or a drug trafficking crime. Lying on Form 4473 is also a separate felony under 18 U.S.C. 922(a)(6).

Warning signs to walk away

• Someone asks you to buy a gun because they “can’t” or “don’t want to” do the paperwork.
• You’re offered cash, drugs, a favor or a cut to buy a gun.
• The person tells you which gun to buy and pays you back afterward.
• You’re asked to buy several guns at once for someone.

Dealers are trained to watch for these patterns and can refuse a sale if something seems off.

Buying a gun as a gift for a child

ATF says a parent or guardian may buy firearms or ammunition as a gift for a juvenile under 18. There are limits. Federal law generally bars anyone under 18 from possessing a handgun except with a parent’s written permission for specific purposes like target practice, hunting, farming or ranching, and state law can add more rules.

Giving a gun to someone in another state

Federal law generally bars an unlicensed person from transferring a gun directly to a resident of another state. To give a gun to a relative in another state, ship it to a licensed dealer in their state, or have your dealer ship it, and the recipient completes Form 4473 and a background check there. Our how to ship a gun guide covers the details.

Giving a gun to someone in Indiana

Transfers between private individuals in the same state follow state law. See private gun sales in Indiana. Even when a background check isn’t required, federal law makes it illegal to transfer a gun to someone you know or have reason to believe is prohibited, and some people choose to use a dealer for peace of mind.

What the dealer may ask you

If you tell the counter the gun is a gift, expect a few questions. The dealer may ask who it’s for and whether that person gave you money for it. That’s normal. Dealers are responsible for not completing a sale when they have reason to believe the buyer isn’t the real buyer, and they may decline if the answers don’t add up.

A simpler option: let them pick

If you’re not sure what they’d want, a gift card or cash lets the recipient buy the gun themselves. They’ll fill out the paperwork as the actual buyer, and there’s no question about who it’s for.

Laws and agency guidance change. This guide is general education, not legal advice. If you’re unsure about your situation, ask the shop before you buy or talk to an attorney.