Liability of gifted gun to family member - Page 1

[ARCHIVED THREAD] - Liability of gifted gun to family member

Posted: 12/3/2020 1:30:12 PM EDT

Was wanting to see if anyone here has heard of any legal backlash or getting sued after gifting a weapon to a family member and they have to use it.
I know everyone gets sued today even if it's a good shoot. My son has been wanting one of my Glocks and I have put him off for quite some time. I'm thinking of taking the gun to the guns store and doing it as a transfer so he can do his first 4473. Would that shield me from any lawsuits that could happen in the future if he used the weapon in any capacity?
Or, should I just be the bad guy and keep saying no to my son out of fear of possible reprocussions in the future that may or may not happen.

Posted: 12/3/2020 1:34:35 PM EDT

[#1]

If your son can pass a 4473 and your state doesn't have any weird requirements for private sales just "sell" it to him

.

Posted: 12/3/2020 1:38:32 PM EDT

[#2]

Quote History

Quoted:
If your son can pass a 4473 and your state doesn't have any weird requirements for private sales just "sell" it to him

.

View Quote

Agreed.

Why get the government in your business if you don't have to?

Posted: 12/3/2020 1:40:32 PM EDT

[#3]

I did buy my son a hunting rifle when he was 13 which is in my possession until he is an adult. Even then I will very carefully consider the timing at which I give it to him to keep in his possession.

In general though, I will not transfer guns to anyone unless I'm dead.

If you don't want the glock anymore, I think your idea of a legal transfers is a good one, although I think in some States simply doing a legal bill of sale and and self transfer is adequate. If not let him by his own glock. You can say that that is paranoid etc. but what if it is stolen from him and used in a crime. Guess who's on the hook Dad? Give him a gift card or money for a present and he can buy his own.

Posted: 12/3/2020 1:59:37 PM EDT

[#4]

Nowadays I would. People change.

Posted: 12/3/2020 2:01:41 PM EDT

[#5]

Quoted:
Was wanting to see if anyone here has heard of any legal backlash or getting sued after gifting a weapon to a family member and they have to use it.
I know everyone gets sued today even if it's a good shoot. My son has been wanting one of my Glocks and I have put him off for quite some time. I'm thinking of taking the gun to the guns store and doing it as a transfer so he can do his first 4473. Would that shield me from any lawsuits that could happen in the future if he used the weapon in any capacity?
Or, should I just be the bad guy and keep saying no to my son out of fear of possible reprocussions in the future that may or may not happen.

View Quote

Are you both residents of the same State? Is he an adult? If so, just present it to him as a gift and then it's his and not yours. Guns carry no special liability that doesn't transfer with ownership.

Posted: 12/3/2020 2:03:27 PM EDT

[#6]

Quote History

Quoted:
... but what if it is stolen from him and used in a crime. Guess who's on the hook Dad?

View Quote

Explain how Dad will be on the hook.

Posted: 12/3/2020 2:21:41 PM EDT

[#7]

No disrespect, but that really is a silly question.

If he wants a glock and you want to give it to him then find a cool way to do it and enjoy passing something on to your son.

No muss no fuss.

If you make a deal out of being fearful there is a liability concern then you are just teaching him that he should live in fear like you.

Come on man!

Posted: 12/3/2020 2:24:23 PM EDT

[#8]

If I buy a bottle of wine and the store follows the state law and checks my age to make sure I'm over 21 and then I sell or give that bottle to someone I know is over 21 and then that person gets a DUI from drinking that bottle you think they're coming after me?

Posted: 12/3/2020 2:38:03 PM EDT

[#9]

If he is no longer a minor and he has no prohibitions or mental peculiarities that trouble you I would simply gift it to him. Comply with state laws if licenses and permits apply.

Posted: 12/3/2020 7:46:48 PM EDT

[#10]

Good copy on all responses,

Posted: 12/12/2020 10:23:09 PM EDT

[#11]

Quote History

Quoted:
No disrespect, but that really is a silly question.

If he wants a glock and you want to give it to him then find a cool way to do it and enjoy passing something on to your son.

No muss no fuss.

If you make a deal out of being fearful there is a liability concern then you are just teaching him that he should live in fear like you.

Come on man!

View Quote

Pretty much this.

Further, if my son needs to use a gun, I'd rather him have one than not.

Posted: 12/13/2020 10:37:09 AM EDT

[#12]

If your concerned or scared, sell it to him for a $1 with paper or gift it with a receipt and move on and enjoy.

Posted: 12/28/2020 2:48:17 AM EDT

[#13]

I’m with the consensus...give it to him....
Did you buy him a car? What if he wrecked and killed someone? Are you liable?
If you and him meet for lunch and you buy him a drink?
Don’t overthink it,

Posted: 12/28/2020 2:54:49 AM EDT

[#14]

You're worried about being sued if your adult son is involved in a self defense shooting with a Glock you give him?

Unless you have some reason to believe he may use the gun to intentionally harm someone or in a careless manner I'm not sure how you would be liable and how an FFL would change that.

Posted: 12/28/2020 7:22:09 PM EDT

[#15]

Teaching my son about the possibility of having reprocussions of liability is bad, got it.
I'll add that to my father son talks about there is nothing to worry about in the world. All our talks about being prepared for possible future events aren't necessary because everyone does the right thing and there are no bad people with cruel intentions. WOW.
By the way, I don't live in fear, neither does my family. I have seen the real world up close and personal. I have served my country as a soldier, and I have protected the innocent as a police officer for 25 years. How does asking for help with a possible liability question equate into me living in fear and passing that on to my son?
Sorry, struck a nerve.

Posted: 12/31/2020 12:28:32 AM EDT

[#16]

Quote History

Quoted:
Teaching my son about the possibility of having reprocussions of liability is bad, got it.
I'll add that to my father son talks about there is nothing to worry about in the world. All our talks about being prepared for possible future events aren't necessary because everyone does the right thing and there are no bad people with cruel intentions. WOW.
By the way, I don't live in fear, neither does my family. I have seen the real world up close and personal. I have served my country as a soldier, and I have protected the innocent as a police officer for 25 years. How does asking for help with a possible liability question equate into me living in fear and passing that on to my son?
Sorry, struck a nerve.

View Quote

get off the cross...
we need the wood.

Posted: 12/31/2020 12:51:03 AM EDT

[#17]

I've lost track of how many guns I've given my sons, both before and after they turned 18. some were guns of mine being handed down. Some were new purchased presents.

I have no special concerns about liability should they need to use one for self defense. Both sons got their carry permits at 18, before they could even buy a handgun from an ffl

Posted: 12/31/2020 1:19:21 AM EDT

[#18]

Quoted: Was wanting to see if anyone here has heard of any legal backlash or getting sued after gifting a weapon to a family member and they have to use it.
I know everyone gets sued today even if it's a good shoot. My son has been wanting one of my Glocks and I have put him off for quite some time. I'm thinking of taking the gun to the guns store and doing it as a transfer so he can do his first 4473. Would that shield me from any lawsuits that could happen in the future if he used the weapon in any capacity?
Or, should I just be the bad guy and keep saying no to my son out of fear of possible reprocussions in the future that may or may not happen.

View Quote

1) 4473 is a form of registration, and you want to put your son on a list w/ a probable incoming anti-gun corrupt Democratic administration?
2) If a political party can steal a presidential election, then nothing will protect you from a lawsuit, b/c the rules are made up and the points don't matter.

Posted: 12/31/2020 9:31:16 AM EDT

[#19]

Quote History

Quoted:
Teaching my son about the possibility of having reprocussions of liability is bad, got it.
I'll add that to my father son talks about there is nothing to worry about in the world. All our talks about being prepared for possible future events aren't necessary because everyone does the right thing and there are no bad people with cruel intentions. WOW.
By the way, I don't live in fear, neither does my family. I have seen the real world up close and personal. I have served my country as a soldier, and I have protected the innocent as a police officer for 25 years. How does asking for help with a possible liability question equate into me living in fear and passing that on to my son?
Sorry, struck a nerve.

View Quote

I would say a nerve was struck somewhere in this conversation.

Edited to protect feelings.

Posted: 12/31/2020 7:08:45 PM EDT

[#20]

I'm guessing you never filled one of those pesky little forms out then, God bless the idiots like me that has been doing it wrong all these years.
Buying from a dealer has always been a safety gap type of insurance to me, I stopped going to gunshows years ago. I'm guessing you are worried about the government going around to all the gun stores to obtain all 4473 forms and using that to collect weapons, I believe that would take oh, about a hundred years to do so I'm not worried about that ever happening.
My cross is made of iron, not wood.
If no one has heard of someone having legal issues with a gifted weapon then I appreciate the earlier responses and consider this thread closed or maybe there's room for a few more posts from members trying to add opinions not requested.

Posted: 12/31/2020 8:38:58 PM EDT

[#21]

I filled out one of the pesky forms that now has a checkbox for mental illness on it.

Why did you stop going to gunshows?

Posted: 12/31/2020 9:31:55 PM EDT

[#22]

I guess I finally reached a moment of clarity in my life, I ran out of room in the man cave for (weapons and ammo) , at least that's what my wife told me. I try to follow orders or I get latrine duty.

Posted: 12/31/2020 9:44:24 PM EDT

[#23]

I just gave my middle girl a gun locker for this exact problem.

FW_wife is promising a ready rack for the bedroom.

Posted: 12/31/2020 10:19:02 PM EDT

[#24]

Nice, I wanted one for the bedroom also, the wife took off her bra and told me here is your Ready Rack.....no complaints so far.

Posted: 1/12/2021 12:03:47 AM EDT

[#25]

1. As long as your state doesn’t require a FFL to do a background check to transfer the firearm then there’s no need to do so.

2. You won’t be liable for anything done with the firearm as long as you know your son isn’t restricted from firearm ownership due to criminal record or mental illness.

3. If you’re afraid of the gun being stolen from him and then used in the commission of a crime buy him a handgun safe for the home and have him buy a lockbox for his vehicle so when the gun isn’t on his person it’s secured.

4. If he doesn’t have one yet encourage him to get his concealed carry license. That way he can at least mostly have the gun on him at “all” times.

Posted: 1/20/2021 8:48:39 PM EDT

[#26]

If your son:
A. Is not a convicted felon or other prohibited person,
B. Is of legal age,
C. Lives in the same state as you do,

Then you're golden. If he decides to shoot someone with the gun you gifted to him, you're not liable for it unless you either:
A. Knew he would do it,
B. Knew he was mentally unstable enough to do it,

Then you'd be in shit.

You're good, OP. Gift away. You do not have to go to a gun shop and do a 4473, it's Mississippi

[ARCHIVED THREAD] - Liability of gifted gun to family member

Handguns » Carry Issues

Warning

Confirm Action

About AR15.COM

Stay Connected

Newsletter

Contact Us