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  1. #1

    Question Is buying a gun as a gift a "straw purchase"?

    A thread about someone buying a handgun as a gift got me thinking about the implications of buying a gun specifically to be given as a gift.

    If you mention that the gun is being bought as a gift, is an FFL required to have the recipient fill out a 4473?

    Obviously if you know the recipient is not legally able to own a firearm you are committing a crime. However what about when the person IS able to own a firearm? I remember something on the last 4473 I filled out stating something about me being the person the gun was for.

    What possible legal implications does buying and giving a gun as a gift entail?
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    Quote Originally Posted by RickN View Post
    As for Iggy and S4F, you two are the people talking about catching me on the side of the road and sticking things up my butt. I had another old pervert develop an unnatural fixation with my tender little tushie 40 some years ago. You two worry me.

  2. #2

    Default Re: Is buying a gun as a gift a "straw purchase"?

    Buying a gun as a gift to someone who can legally own it is not a straw purchase and the person buying the gun is the one who does the paperwork.

  3. #3

    Default Re: Is buying a gun as a gift a "straw purchase"?

    Quote Originally Posted by Seedy View Post
    A thread about someone buying a handgun as a gift got me thinking about the implications of buying a gun specifically to be given as a gift.

    If you mention that the gun is being bought as a gift, is an FFL required to have the recipient fill out a 4473?

    Obviously if you know the recipient is not legally able to own a firearm you are committing a crime. However what about when the person IS able to own a firearm? I remember something on the last 4473 I filled out stating something about me being the person the gun was for.

    What possible legal implications does buying and giving a gun as a gift entail?
    Let's do a test case. You buy me a Wilson Combat as a gift.
    "When the debate is lost, slander becomes the tool of the loser" - Socrates.
    “The things that will destroy America are prosperity at any price, peace at any price, safety first instead of duty first and love of soft living and the get-rich-quick theory of life.”― Theodore Roosevelt
    My feedback.

  4. #4

    Default Re: Is buying a gun as a gift a "straw purchase"?

    Quote Originally Posted by Buzzgun View Post
    Buying a gun as a gift to someone who can legally own it is not a straw purchase and the person buying the gun is the one who does the paperwork.
    Correct!

  5. #5

    Default Re: Is buying a gun as a gift a "straw purchase"?

    Quote Originally Posted by Buzzgun View Post
    Buying a gun as a gift to someone who can legally own it is not a straw purchase and the person buying the gun is the one who does the paperwork.
    How is this different than a straw purchase?
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    Quote Originally Posted by RickN View Post
    As for Iggy and S4F, you two are the people talking about catching me on the side of the road and sticking things up my butt. I had another old pervert develop an unnatural fixation with my tender little tushie 40 some years ago. You two worry me.

  6. #6
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    Default Re: Is buying a gun as a gift a "straw purchase"?

    Are you "lying for the other guy"?

  7. #7

    Default Re: Is buying a gun as a gift a "straw purchase"?

    A straw purchase is you , a person that can legally purchase a firearm, buying a firearm and handing it to someone that can't pass the test.

  8. #8

    Default Re: Is buying a gun as a gift a "straw purchase"?

    Your money, not his, should be ok.

  9. #9

    Default Re: Is buying a gun as a gift a "straw purchase"?

    The way I understand it, is that you can legally buy a gun as a gift for a family member but not your next door neighbor.
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  10. #10

    Default Re: Is buying a gun as a gift a "straw purchase"?

    Quote Originally Posted by ArGyLe64 View Post
    Are you "lying for the other guy"?
    If you say that you are buying the gun for yourself when you intend to give it as a gift (even to a legal recipient), then you would be lying.

    Technically, if you are buying the gun with the intent to give it to someone doesn't the recipient have to fill out a 4473? When I've been involved with charities giving guns to people, the recipient's spouse had to "do the paperwork"...however in that case the guns were going straight from the FFL to the recipient. The guns were paid for by OSA members and the FFL owner. Obviously none of you who participated filled out any paperwork! So in this case the "givers" didn't do the paperwork, the recipient did.
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    Quote Originally Posted by RickN View Post
    As for Iggy and S4F, you two are the people talking about catching me on the side of the road and sticking things up my butt. I had another old pervert develop an unnatural fixation with my tender little tushie 40 some years ago. You two worry me.

  11. #11

    Default Re: Is buying a gun as a gift a "straw purchase"?

    As long as the person can legally own the gun, and pass the 4473 you can buy the gun and give it to him or her. Straight from the ATF agent I talked to.

  12. #12

    Default Re: Is buying a gun as a gift a "straw purchase"?

    Quote Originally Posted by Seedy View Post
    How is this different than a straw purchase?
    A straw purchase is a deliberate attempt to circumnavigate the law in which an individual purchases a firearm and gives possession/ownership to a another person who is legally unable to do so.
    I received word today that a friend of mine, Connor, passed away to what I believe was a heart attack. We were just laughing and joking together yesterday in class and only a few hours later Connor passed away. Life is short so cherish every second. May you forever rest in the presence of The Lord, Connor "Bubba" Hamilton. 2/18/14

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  13. #13

    Default Re: Is buying a gun as a gift a "straw purchase"?

    Quote Originally Posted by Shootin 4 Fun View Post
    The way I understand it, is that you can legally buy a gun as a gift for a family member but not your next door neighbor.
    How did the FGST buying the pistol for Trace work? I remember it had to go to his Mother as he's a minor.
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    Quote Originally Posted by RickN View Post
    As for Iggy and S4F, you two are the people talking about catching me on the side of the road and sticking things up my butt. I had another old pervert develop an unnatural fixation with my tender little tushie 40 some years ago. You two worry me.

  14. #14

    Default Re: Is buying a gun as a gift a "straw purchase"?

    Quote Originally Posted by beast1989 View Post
    A straw purchase is a deliberate attempt to circumnavigate the law in which an individual purchases a firearm and gives possession/ownership to a another person who is legally unable to do so.
    Are you sure that is the legal definition?
    Feedback

    Quote Originally Posted by RickN View Post
    As for Iggy and S4F, you two are the people talking about catching me on the side of the road and sticking things up my butt. I had another old pervert develop an unnatural fixation with my tender little tushie 40 some years ago. You two worry me.

  15. #15

    Default Re: Is buying a gun as a gift a "straw purchase"?

    Quote Originally Posted by Seedy View Post
    If you say that you are buying the gun for yourself when you intend to give it as a gift (even to a legal recipient), then you would be lying.

    Technically, if you are buying the gun with the intent to give it to someone doesn't the recipient have to fill out a 4473?
    No, because you are, in fact, the purchaser.

    It would be a straw purchase if you were buying it with money from the person receiving the "gift".

    And, the recipient of the gift does not have to be a family member etc, you can legally give your neighbor (or anyone else who can legally own it) the gift of a firearm. You can't gift a firearm to a resident of another state as that would constitute an illegal transfer unless you sent it to a dealer in the recipient's state of residence and the dealer did the transfer paperwork.

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