Can You Legally Gift Someone a Gun in Oklahoma?
With it being the holiday season a lot of people are wondering if it's legal to gift someone a firearm for Christmas, or really any time. Can you gift a gun in Oklahoma and if so what are the laws surrounding that?
CAN YOU LEGALLY GIFT SOMEONE A GUN IN THE SOONER STATE? SEE BELOW
For a lot of us guns are the perfect gift to give and receive. That along with any and everything related to firearms. Most of us got our first gun as a kid at Christmas or on a special Birthday. The tradition continues.
It is legal to gift a gun in Oklahoma. However, there are some laws you must follow
The really short answer to this question is yes. It's perfectly legal to gift someone a firearm in Oklahoma. That being said there are some laws that must be followed otherwise you may end up in serious trouble.
Most importantly the person you're gifting the gun to cannot be a prohibited person. So what does that mean? Anyone who is a convicted felon, deemed mentally defective, or has been hospitalized at a mental institution, has been convicted of a crime that is punishable by over a year in jail, or is a fugitive from justice.
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Other criteria that would make someone a prohibited person is being addicted to or a user of illegal drugs, having a restraining order prohibiting harassing, stalking or threatening a spouse or partner, having a domestic violence conviction of any kind, being in the U.S. illegally or having renounced your citizenship.
Additionally, if you've been dishonorably discharged from the military, or have been indicted and are facing felony or serious misdemeanor changes you're also prohibited from purchasing or possessing firearms. For the complete listing review the official ATF Form 4473 by clicking here. This is used by FFL (Federal Firearm Licensees) when submitting a background check using NICS (National Instant Background Check System).
Hit play on the video below to learn more about gifting a gun in Oklahoma
Federal law also states that a person must be at least 18 years old to purchase a long gun such as a rifle or shotgun and a minimum of 21 years old to purchase handguns. Does this mean you can't gift your son or daughter or other persons under 18 a firearm? Again the really short answer is no. At least in Oklahoma anyway. Keep in mind there are both Federal and State gun laws so it may be illegal in some states.
In Oklahoma, it is legal to gift a gun to someone who is under 18 which includes rifles, shotguns, and even handguns. As a parent, you can gift a gun. But what about grandchildren, or other minors you wish to gift a firearm to? You can with the permission of the parent or legal guardian. Keep in mind like adults, minors cannot be a prohibited person and the same disqualification criteria listed above applies to them as well.
KEEP SCROLLING TO SEE OKLAHOMA'S TOP 10 MOST POPULAR CARRY GUNS
Oklahoma law also states that the minor or juvenile can not be an adjudicated delinquent, or convicted of any crime which includes violence or the threat of violence. Also, you must be certain that they don't pose a risk of using the firearm illegally or to commit a crime. The important thing to remember is whoever you're gifting the gun to whether it's an adult or minor must be a responsible, law-abiding citizen who isn't a threat.
A firearm that is gifted to a minor can only be used for hunting, recreational shooting, training, firearm education, safety courses/classes, skeet, and trap, shooting sports, and target practice. It cannot be carried or in the possession of the minor unless being used for the lawful purposes as mentioned above.
You can gift a firearm to your child as a parent or to another minor with permission
Now if you'd like to purchase and gift a gun to someone who is out of state that's a whole different set of rules/laws. The above only applies to Oklahoma so you'll have to check the gun laws of the state the recipient of the firearm lives in to ensure it's legal. Again what's legal here may not be elsewhere. Also, the gun will have to be transferred to an FFL in the state that the recipient lives in and a NICS background check will be required. The main thing is to make sure you're doing everything properly and legally to avoid trouble.
A LOT OF US MYSELF INCLUDED GOT OUR FIRST GUN AS A KID AT CHRISTMAS
Lastly, it needs to be stressed that you never, ever want to gift a gun to a prohibited person, or else you'll be facing some serious fines and jail time. Never purchase a firearm for someone who cannot due to their background and/or record. This is called a straw purchase and is highly illegal. Check here to learn more about straw purchases. So there's the long and short of it. So if you wish to gift a gun to someone this holiday season or any time you can do so and know you're doing it right. Before you do it never hurts to double-check all the laws and consolute the experts. After all, I'm not an attorney or in a position to offer legal advice. A great resource for all firearm-related questions is U.S. Law Sheild and OK2A (Oklahoma 2nd Amendment Association). Maybe Santa Claus will bring me a firearm for Christmas. *Fingers Crossed*
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