Can firearms still be gifted after Abramski?
Posted on June 17, 2014 by John Pierce
GunsYesterday the United States Supreme Court handed down a 5-to-4 ruling in the case of Abramski v. United States.
The court held that a buyer may not answer ‘Yes’ to the question ‘Are you the actual transferee / buyer of the firearm’ when they have been given money by a third party to purchase the firearm even if the transfer to the third party also goes through a background check.
The case arose when Abramski’s uncle gave him money to purchase a handgun with Abramski’s law enforcement discount. Abramski purchased the firearm, answering ‘Yes’ to the question ‘Are you the actual transferee / buyer of the firearm’ and subsequently transferred the firearm to his uncle via a licensed dealer. Abramski’s uncle himself completed a 4473 and passed the federal background check.
The court held that regardless of the uncle’s status, Abramski’s answer was a material misrepresentation of fact, subjecting him to prosecution under 18 USC § 924(a)(1)(A).
Having said that, let me answer a question that I have been asked repeatedly over the last 24 hours. Abramski did not affect the legality of buying a firearm as a gift. The ATF has repeatedly held that a buyer purchasing a firearm as a bona fide gift is the actual buyer of the firearm. In fact, it specifically states this on page 4 of the 4473 form that a buyer completes when purchasing a firearm from a licensed dealer.
ACTUAL TRANSFEREE/BUYER EXAMPLES: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT THE ACTUAL TRANSFEREE/BUYER of the firearm and must answer “NO” to question 11a. The licensee may not transfer the firearm to Mr. Jones. However, if Mr. Brown goes to buy a firearm with his own money to give to Mr. Black as a present, Mr. Brown is the actual transferee/buyer of the firearm and should answer “YES” to question 11 a. However, you may not transfer a firearm to any person you know or have reasonable cause to believe is prohibited under 18 U.S.C. 922(g),

, or (x).
The facts of the Abramski case limit the holding to those cases where the money for a purchase comes from one person who requests that another person purchase the firearm for them regardless of the reason or whether the initial purchaser is a prohibited possessor.
You may continue to give the gift of self-defense to family and loved ones.