With the holidays approaching fast, there have been several searches online that have come up when it comes to looking for unique gifts to buy someone you care about. One of the most interesting and questionable types of gifts that has been rising in the market over the last year has been the purchasing of handguns for other people.

However, this poses a big question many people are curious about. Is it legal to buy a handgun as a gift for someone else?

In short, the answer is yes. However, this also comes with some stipulations. Let’s take a look at some of these to help clear up a few questions before you decide to try and buy a pistol or handgun for someone this holiday season.

Let’s Talk About Straw Purchases

First, it’s important to understand what a straw purchase is so you don’t get mixed up in the world of purchasing firearms for other people.

A straw purchase is essentially an illegal purchase of any type of firearm. This is primarily due to the buyer of the gun being unable to pass a background check or does not wish to have their name associated with the gun that is being purchased. In this case, the one who wants to have the gun regardless will have someone else purchase it for them as a proxy.

This right here is absolutely illegal and can get everyone in a lot of trouble with the law, especially if there is some type of monetary transaction being done between the proxy buyer and the actual buyer. This, however, is significantly different than if you are purchasing a gun for someone as a gift. Let’s take a look at the main differences:

Follow the Local Laws

Purchasing a firearm for someone else is legal but only if the person who is being gifted the firearm is legally allowed to have one in their state. However, you’ll also want to look into what your local laws are as some state and local laws require a Federal Firearms License (FFL) for any legal transfer to occur.

For instance, you cannot legally gift a firearm to someone else when it’s being done between two private parties when they live in different states. This is mainly because of the different laws that each state has for owning or purchasing a firearm. In order to properly gift it to someone outside of your state, the firearm is required to be shipped to an FFL.

Only after that will they do a background check to properly complete the transfer. Again, check your local locals and guidelines when looking into this option.

Be Careful How You Purchase

People who work at stores that sell guns are not legally required to sell you one just because you pass a background check. If they feel suspicious of your transaction, they have every right to turn you away.

For example, one store owner had a patron come in with an earbud in as they were asking him questions about an AR-15. Once the store owner would answer their questions, the patron would then repeat the answers to whomever they were speaking to on the phone.

This raised big red flags because the owner knew they weren’t purchasing the gun for themself, rather for someone else. In this case, the store owner turned them away, despite them having passed a federally required background check.

Any store owner is going to ask an ample amount of questions, especially if you are purchasing for someone else. If you are set on purchasing a handgun for someone as a gift, there is an easy way to bypass many of these types of issues that could arise.

How to Gift a Firearm Without Breaking the Law

The best way to go about purchasing a firearm for someone else is to go with them to the store. This way, the person you are gifting can learn more about the firearm they may be acquiring and can go through all of the necessary legal requirements to ensure a safe and secure transaction. You are still able to pay for their gift, but it alleviates the added pressure.

If the person you are gifting doesn’t live within the same location as you, another option is to purchase a gift card for them at their local firearm store or online firearm shop.