National Having a gun shipped as a gift?

[Dinglenutz]

Yes, the seller is sending the gun to an FFL. The FFL is transferring the gun to the person on their end. This means the person getting the gun is passing a background check. The only downside here is cost.

In my case I was buying them online, so they were being shipped someplace anyway. I had them shipped to dad's local FFL and done. He liked the gift, by the way

I don't see how it should matter who pays for a gun so long as the actual owner fills out their 4473

I think the only issue is perception; some might find the gift of a firearm to be an unlikely extravagance, particularly if the person paying is somehow prohibited from owning a firearm. In my case both myself and the actual recipient were legal transferees, so a strawman purchase wouldn't have made any sense. In fact if memory serves the purchase is actually only considered a strawman purchase if the eventual possessor is a prohibited person, but again, I'm not a lawyer and that's not legal advice.

 

[DLS]

...In fact if memory serves the purchase is actually only considered a strawman purchase if the eventual possessor is a prohibited person, ...

This.

A straw purchase is where a person who can legally acquire / possess a firearm does so for the benefit of a person who can not legally acquire / possess said gun.

If I can legally possess a firearm, and my friend can also legally possess a firearm there is nothing wrong with my buying a gun with full intention of reselling / gifting it to him. It's not a straw purchase.

Back when gun shows were worth attending I'd always let friends know when I was going. A number of times they let me know if I found a certain firearm for a certain price they would appreciate me buying it and reselling it to them at a later date (usually the next day or so). I fill out a 4473 and pass the BGC and buy the gun. The next day, when selling the gun to my friend, he does the same thing (4473/BGC). No crime, no foul, nothing but the hassle of a second set of paperwork and BGC.

Also, it doesn't matter who pays for the purchase and that person does not have to be involved in the transfer process / paperwork. If the firearm goes directly from the legal seller to a legal purchaser following the legally required process (forms/ BGC) you're fine. The actual person paying does not have to be part of the transfer process at all.

 

[bbbass]

To hell with their "unusual procedures", I don't play games and refuse to allow them to do it to me, I will walk out of their door flying the one finger salute and never walk back in.

BTW gifting firearms to family members is legal even in Commie Oregon so long as said family member isn't prohibited.

Like you, I don't use dealers/FFLs that I have had problems with... but believe me, they are out there. Just sayin to be prepared cuz that's the way it is...

 

[DLS]

Just because someone has an FFL doesn't mean they know and understand the law. I've run across many a shop who did not, and would not budge from their position even when shown the applicable statutes and ATF provided info on the subject.

And yet they whine and lament on how the customer is abandoning them to the big box stores and are putting them out of business.

Luckily we have good, well informed local shops, like Sporting Solutions and Safe Fire.

 

[titsonritz]

Like you, I don't use dealers/FFLs that I have had problems with... but believe me, they are out there. Just sayin to be prepared cuz that's the way it is...

...and they are usually the same tools charging 50 bucks for a BGC. F' them.

 

[bbbass]

F' them.

Yeah!!!!

 

[FourTeeFive]

There is no law saying you can't pay for a gun for someone else.

"Strawman" refers to someone intentionally buying and doing the paperwork on a firearm with the intention of selling or giving it to someone else, without the receiving person doing any paperwork. The only exception is if you're giving it as a gift to a family member, and that I think varies by state law.

This is no different than going online and buying a gun, then having it shipped to an FFL for someone else. The FFL does all the paperwork and everything is legal.