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-   -   Gifting a gun. (http://www.firearmstalk.com/forums/f97/gifting-gun-77572/)

Mosin 12-03-2012 01:29 AM

Gifting a gun.
 
I believe it's legal to sell your gun to someone you know isn't a felon, and its legal to give a fun as a gift. But when you buy a gun, they specifically ask if the gun is for you or someone else.
What if I want to buy a gun as a gift?

Or how about when I'm at the lgs and call my friend and he asks me to pick up a rifle for him?

racer_x 12-03-2012 01:39 AM

check that yes an see if you walk out with it

trip286 12-03-2012 01:44 AM

Don't participate in straw purchases. This especially includes any buddies that want you to pick up their next deer rifle, even though you KNOW they're fine, upstanding citizens and they're legal to own and purchase any gun they want, aye, even if you've been with them the day before when they cleared a NICS check with flying colors.


But, in my non attorney opinion, If you're getting one as gift, make it family or a significant other. Then, bear in mind that you're "buying it for yourself", but giftwrap your "used" gun before giving it to your son for his 18th birthday (or however old your state says he must be)

c3shooter 12-03-2012 02:28 AM

Go to the form 4473. Read that section. And see Important Information #1 on the back, like it says at that question.

The question is NOT who the gun is for. The question is "Are you the actual BUYER?"

Translation- I bought the gun with my money. I plan to make a gift of it to my son. NOT A STRAWMAN PURCHASE.

Alternate- A co-worker knew I was going to the gun show this weekend. He gave me $100, and asked me to get him a 91/30 from the show. THAT is a STRAWMAN purchase, and illegal. I am NOT the actual buyer. Whether he can legally possess a gun does not enter in to it.

Mosin 12-03-2012 02:41 AM

So then I can buy myself a rifle, then go to my friends house, and he can buy it from me?

Like an 'Oh man, you bought the last Mosin with the matching numbers I wanted to complete my collection! I'll give you $200 for it!'

My question is, what is the difference if I buy a gun and sell it to my friend the next day, same day, or 5 years after I buy the gun. In the eyes of the law.

Example is, I was at my LGS, and called my buddy to let him know they had the .22 he liked in stock, he asked me to pick it up.

What is the difference (legally) in doing that, or buying it and selling it to him 'the next day' because I had buyers remorse?

willfully armed 12-03-2012 02:46 AM

Quote:

Originally Posted by racer_x (Post 1036421)
check that yes an see if you walk out with it

Yes on question one is the correct answer.

Your interpretation of the law means nothing. If you're charged with a straw purchase, its up to the judges interpretation or the juries opinion.



Lets say you've got a mint M48 Yugo Mauser that your buddy has been eyeballing for a decade.... you decide to give it to him. That should be interpreted as a gift.

Lets say you're at the Pawn shop, see a bitchin 357 ruger and buy it for your brother in law.
you have a 0.01% chance proving it was not a straw purchase.



SO, I personally only purchase a gun to be gifted for a close family member. Wife, children, parents, siblings.

Don't **** around with your freedom.

racer_x 12-03-2012 03:11 AM

EDITED- No- possibly misunderstood. C3

c3shooter 12-03-2012 03:21 AM

What is the difference? One is legal, the other ain't. A shotgun with an 18 inch bbl is legal, 17 and 15/16th inches is good for 10 yrs in a Federal prison.

Please don't ask me to explain WHY- you are assuming that gun laws make sense.

Mosin 12-03-2012 03:25 AM

Quote:

Originally Posted by c3shooter
What is the difference? One is legal, the other ain't. A shotgun with an 18 inch bbl is legal, 17 and 15/16th inches is good for 10 hrs in a Federal prison.

Please don't ask me to explain WHY- you are assuming that gun laws make sense.

Hell, 10 hours ain't bad! SBRs here I come!!! :-D

racer_x 12-03-2012 03:25 AM

thank you C3


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