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

Discussion in 'General Discussion' started by Seedy, Nov 15, 2012.

  1. Seedy

    Seedy Sharpshooter

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    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?
     
  2. Buzzgun

    Buzzgun Sharpshooter

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    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. okietool

    okietool Sharpshooter

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    Let's do a test case. You buy me a Wilson Combat as a gift. :)
     
  4. Boehlertaught

    Boehlertaught Sharpshooter

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    Correct!
     
  5. Seedy

    Seedy Sharpshooter

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    How is this different than a straw purchase?
     
  6. ArGyLe64

    ArGyLe64 Sharpshooter

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    Are you "lying for the other guy"?
     
  7. Boehlertaught

    Boehlertaught Sharpshooter

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    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. TwoForFlinching

    TwoForFlinching Sharpshooter

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    Your money, not his, should be ok.
     
  9. Shootin 4 Fun

    Shootin 4 Fun Moderator Staff Member Moderator

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    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.
     
  10. Seedy

    Seedy Sharpshooter

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    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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