"Straw"/gift purchases.
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Old 01-16-2011, 12:20 AM   #1
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Default "Straw"/gift purchases.

Alright...My brother and I got to talking about this on the way home from the range today after seeing some of the older gents shooting their handguns.

We have always wanted to shoot handgun competitions and we have both seen kids as young as 12 shooting in these tournaments....

My question to all of you IS: Is it legal for my father to buy a handgun for me in order to shoot these competitions? Do I need to be a member of a certain club? Whose name would it be registered under? I live in NY by the way...so I'm not getting my hopes up.

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Old 01-16-2011, 12:26 AM   #2
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You should recieve my bill for legal consultation in the next day or two. As always, we appreciate exact change, small bills.

Here is Virginia, I can give a firearm to a member of my family as a bonafide gift, and have done so. You, sir, are in the wrong state. You need to research the laws of NY- including the ones that deal with permits, licensing, and registration of handguns.

Brief summary for ya- What are the Gun Laws in New York?

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Old 01-16-2011, 12:35 AM   #3
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Originally Posted by LUBrowningBoy View Post
Is it legal for my father to buy a handgun for me in order to shoot these competitions?.
according to federal law, YES.

YOu need to check with NY laws though.


ATF Online - Firearms - Frequently Asked Questions - General

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Q: May a parent or guardian purchase firearms or ammunition as a gift for a juvenile (less than 18 years of age)?

Yes. However, possession of handguns by juveniles (less than 18 years of age) is generally unlawful. Juveniles generally may only receive and possess handguns with the written permission of a parent or guardian for limited purposes, e.g., employment, ranching, farming, target practice or hunting.

[18 U.S.C. 922(x)]
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Old 01-16-2011, 01:03 AM   #4
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Check local laws and also I would see about contacting the people in the tournaments that you have seen who are clearly under 18/21 and find out if they know any laws you need to be aware of that you might have overlooked.

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Old 01-16-2011, 01:23 AM   #5
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thanks for the help guys...I know asking for legal "advice" here isn't always smiled upon with great acceptance

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Old 01-16-2011, 02:12 AM   #6
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Originally Posted by LUBrowningBoy View Post
thanks for the help guys...I know asking for legal "advice" here isn't always smiled upon with great acceptance
nothing wrong with asking for where to find actual legal advice.
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Old 07-16-2011, 06:47 PM   #7
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Hi, I'm very new here and have enjoyed reading the posts ~ thanks for sharing !

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Old 07-17-2011, 12:26 AM   #8
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Originally Posted by LUBrowningBoy View Post
Alright...My brother and I got to talking about this on the way home from the range today after seeing some of the older gents shooting their handguns.

We have always wanted to shoot handgun competitions and we have both seen kids as young as 12 shooting in these tournaments....

My question to all of you IS: Is it legal for my father to buy a handgun for me in order to shoot these competitions? Do I need to be a member of a certain club? Whose name would it be registered under? I live in NY by the way...so I'm not getting my hopes up.
It might be similar in NY as it is here in MI since we have to have our handguns registered also,but I don't know for sure.-Here,(excluding ccw holders)only the owner of the handgun may have it in thier possession or fire it exept if you are at a recognized shooting range and the owner of the actual handgun is present.It's probably not legal for him to buy it for you in a state that requires registration,but it may be legal for you to use it.
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Old 07-17-2011, 12:39 AM   #9
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Hi, I'm very new here and I apologize for jumping into the group and asking for help
Get thee and your dad to a lawyer toot-de-suite! This is waaaaay to serious an issue to be looking for advice on a forum for. There's a whole range of possibilities and I don't think I've read any real legal advice on this board from an actual lawyer.

I think anyone answering this would only be speculating.


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Old 07-17-2011, 12:54 AM   #10
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What he said up there ^^^. This is a serious matter for you, F-I-L, and your Dad. If you have ever been convicted of a felony, and have not had your firearm rights restored by a court, you are looking at a Federal felony.

This is WAY the hell too serious for gun buffs that are NOT ATTORNEYS ADMITTED TO THE BAR IN YOUR STATE to be offering advice.

Other than this advice I will offer for free (usually I charge for it). Your post is what is known as an "Utterance against your own self interest". Posts that you make on an open forum CAN be used against you, your F-I-L, and your Dad in court. The first line of the Miranda warning is "The law requires that I advise you that you have the absolute right to remain silent." You just violated that.

Two steps I would take if I were in your shoes.
1. ANY question from ANYONE other than MY attorney would be answered as "I would like to speak with my attorney before answering any questions."

2. I would go back to my post, and delete it.

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