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purchasing a firearm for a family member

Discussion in 'Legal & Political Archive' started by Mark W., Feb 7, 2011.

  1. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    My son is active duty US NAVY stationed in CA his home of record and his licenses are all Oregon.

    If I find a deal on a shotgun (something he is looking for) on a forum like this and after talking with him he sends me the funds to cover it. And I purchase it.

    Knowing full well he can pass ANY sort of background check etc. Would this be considerd a straw purchase? When I hand it to him maybe months later?

    Just curious

    Because if I give him my Shotgun which would be the same model it's nothing but a gift to a son.
     
  2. eriknemily

    eriknemily Tillamook County (Cheese!) Member

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    That's kind of sticky. I think technically it would be a straw purchase since your intent is to get it for another person. If you find one you know he wants then I would buy it. Tell your son about it. Ask him if he would like to buy it from you. Then you'd be good to go in my opinion. Just so long as you don't take the money from your son up front before you buy the shotgun. It's only a technical difference but sometimes that's all it takes to make a legal difference.
     
  3. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    Straw has NOTHING to do with if a person can pass a background check or not. If you answer NO to question 11a then it is a straw purchase. Here is the PDF that shows the 4473 and what the answers mean, http://www.atf.gov/forms/download/atf-f-4473.pdf . Again a straw has nothing to do with if the receiving person is legal or not, right from the 4473, "Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person."

    Now if you buy a nice gun for yourself and when your son gets home you decide he needs it as a gift go for it. Or even if you buy YOURSELF a shotgun and when your son gets home he likes it so much he wants to buy YOUR shotgun from you that is legal too...........
     
  4. My wife bought me a rifle for Father's Day. She told the guy at Keith's that it was for me. I thought it constituted a straw purchase, but Keith's let her do it. So ... should they have told her no or is there some BS about it being a "gift" to someone that makes it legal?
     
  5. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    It is NOT illegal to buy a gun as a gift. As a gift YOU are purchasing a gun, then you are doing what you choose with YOUR gun. YOU ARE the actual buyer of the gun.

    The actual wording on the 4473 from the link I posted above,

    Question 11.a. Actual Transferee/Buyer: For purposes of this form, you are the actual transferee/buyer if you are purchasing the firearm for yourself or otherwise acquiring the firearm for yourself (e.g., redeeming the firearm from pawn/retrieving it from consignment, firearm raffle winner). You are also the actual transferee/buyer if you are legitimately purchasing the firearm as a gift for a third party. 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 TRANS- FEREE/BUYER of the firearm and must answer “NO” to question 11.a. 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), (n), or (x). Please note: EXCEPTION: If you are picking up a repaired firearm(s) for another person, you are not required to answer 11.a. and may proceed to question 11.b.
     
  6. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    Ok that makes it perfectly clear. Either the funds to purchase must be mine and I give the firearm to my son as a gift or sell it to him at a later date.


    I was just curious only because I know he is interested in a Rem 870 and a coupel of very nice deals on them have shown up in the classified here. I also want to upgrade my 870 so I to was interested. But will need to find the funds before I talk to any sellers.
     
  7. Well that leads me to another question. I know I can't sell a pistol to my dad across state lines, but can I GIFT a pistol to him? Technically I'm not selling it.
     
  8. Mark, you could always BORROW the money from your son to buy him a GIFT.
     
  9. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    Well I guess that would work since at Christmas instead of a gift the money he would have spent on my gift he gave me in Cash and I went out and bought a Ruger 22-45RP with it and the funds I got from selling a pistol.
     
  10. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    I really need to sell off some of my junk and use the funds to get the Rem 870 I want and then give him my old one. I just want a 3" chamber for hunting.