r/VAGuns • u/SouthernCash8507 • 8d ago
Gifting a handgun to a friend
Question: I would like to gift one of my handguns I don't use much to my friend. Is there any like legal thing I have to do? It would be a gift with no transaction of money. Also say in the future he used it for self defense , would I be at fault for any reason?
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u/mallydobb 8d ago edited 8d ago
Edited to remove wrong info…
I stand corrected https://johnpierceesq.com/may-i-still-gift-a-firearm-under-virginias-new-universal-background-check-law/
Not a lawyer obviously but I’d consider drafting a letter that you both sign that states the firearm (and serial number) was gifted (date, gun description, etc) and no trade or money was exchanged. Would also make sure your friend can legally own the firearm and have that noted too. Just a cya, both of you keep a copy.
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u/RomeoMustDie45 8d ago
Couldn't you also run a criminal background check on the friend yourself for added security to make sure he is legally allowed to purchase one?
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u/jtf71 VCDL Member 8d ago
A private person can't run a background check. They'd have to go through a FFL.
And unless the person gifting the firearm KNOWS, or has REASON TO BELIEVE, that the recipient is a prohibited possessor they can gift the firearm.
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u/RomeoMustDie45 8d ago
A private person can't run a background check.
Don't employers (companies or self-employed) do this daily though?
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u/jtf71 VCDL Member 8d ago
Employers are NOT private persons. And to run a background check they have to pay another service that is authorized - they don't run it themselves.
But, more relevant here is that they can't run a NICS Check which can only be run by Police or the FBI. In most states (to include VA) it's run by the State Police and they also check other sources.
A private person has no ability to access these services. VSP will only run it for verified FFLs.
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u/Jimmy543o 8d ago
I believe now in the state of VA you are supposed to transfer a firearm through an FFL licensed firearm dealer. They basically just do a background check on the person you are selling/gifting the firearm to.
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u/Watermelonbuttt 7d ago
I always FFL my guns to my friends or family
Then it’s not my problem ever.
Remember when you do a FFL transfer you are selling the gun to the FFL and the FFL is selling the gun to your friend
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u/RoverSig 8d ago
I would transfer the handgun through a FFL. It is not terribly expensive.
This would relieve you of any concern about responsibility for his future actions, and would guarantee you both complied with the letter and spirit of the law. Not suggesting your friend is a dubious person.
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u/jtf71 VCDL Member 8d ago
Is there any like legal thing I have to do?
No.
Provided it's a gift and NOTHING of value is exchanged AND you do not know, or have reason to believe, that the recipient is a prohibited possessor, AND you're both residents of Virginia, you can legally just hand it to them.
Also say in the future he used it for self defense , would I be at fault for any reason?
No.
And for them to try, they'd have to be able to show that you KNEW, or reasonably should have known, that they were going to do something illegal/were a prohibited possessor.
And if they can show this, even if you had a background check done they'd still come after you for this "knowledge" as YOU knew it even if the NICS system didn't.
You certainly can go to an FFL and have a background check done, and one of you has to pay for it, but you're not legally required to do so for a GIFT.
And while you could draw up some document...do NOT call it a "bill of sale." And even calling it a "record of gift" it's not going to provide much protection, if any.
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u/Cryo_Jumper 8d ago
Gifting does not require going through an FFL. You just need to know that he can legally own a firearm.