Firearm & Gun Forum - FireArmsTalk.com > General Firearms Forums > Legal and Activism > Gifting a gun.

Reply
 
LinkBack Thread Tools Display Modes
Old 12-03-2012, 01:29 AM   #1
Feedback Score: 0 reviews
 
Mosin's Avatar
 
Join Date: Jun 2010
Posts: 4,438
Liked 3763 Times on 1803 Posts
Likes Given: 664

Default 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?

__________________

America has fought wars across the globe, because we kept our firearms while others let dictators take theirs...

Mosin is offline  
 
Reply With Quote

Join FirearmsTalk.com Today - It's Free!

Are you a firearms enthusiast? Then we hope you will join the community. You will gain access to post, create threads, private message, upload images, join groups and more.

Firearms Talk is owned and operated by fellow firearms enthusiasts. We strive to offer a non-commercial community to learn and share information.

Join FirearmsTalk.com Today! - Click Here


Old 12-03-2012, 01:39 AM   #2
Feedback Score: 0 reviews
 
racer_x's Avatar
 
Join Date: Oct 2012
Location: Arkadelphia, AR
Posts: 961
Liked 283 Times on 228 Posts
Likes Given: 1244

Default

check that yes an see if you walk out with it

__________________
racer_x is offline  
 
Reply With Quote
Old 12-03-2012, 01:44 AM   #3
Feedback Score: 0 reviews
 
Join Date: Feb 2011
Location: West, by God, Funroe,Louisiana
Posts: 18,707
Liked 9203 Times on 5058 Posts
Likes Given: 74

Default

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)

__________________
trip286 is offline  
 
Reply With Quote
Old 12-03-2012, 02:28 AM   #4
Moderator
FTF_MODERATOR.png
Feedback Score: 0 reviews
 
c3shooter's Avatar
 
Join Date: Feb 2008
Location: Third bunker on the right,Central Virginia
Posts: 16,489
Liked 8588 Times on 3725 Posts
Likes Given: 1320

Default

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.

__________________

<--- Your Moderators at our weekly Troll Hunt

c3shooter is offline  
2
People Like This 
Reply With Quote
Old 12-03-2012, 02:41 AM   #5
Feedback Score: 0 reviews
 
Mosin's Avatar
 
Join Date: Jun 2010
Posts: 4,438
Liked 3763 Times on 1803 Posts
Likes Given: 664

Default

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?

__________________

America has fought wars across the globe, because we kept our firearms while others let dictators take theirs...

Mosin is offline  
 
Reply With Quote
Old 12-03-2012, 02:46 AM   #6
Feedback Score: 0 reviews
 
willfully armed's Avatar
 
Join Date: May 2009
Location: Olathe,JOCO KS
Posts: 1,998
Liked 127 Times on 96 Posts
Likes Given: 13

Exclamation

Quote:
Originally Posted by racer_x View Post
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.
__________________

I could make a list of a bunch of guns i have, or "have", or wish I had. Why would one feel compelled to provide that infornation freely? Do you feel the need to show off? Is it some immature game of oneupsmanship?

Why do you feel it necessary to list your guns?


Last edited by willfully armed; 12-03-2012 at 03:31 AM.
willfully armed is offline  
 
Reply With Quote
Old 12-03-2012, 03:11 AM   #7
Feedback Score: 0 reviews
 
racer_x's Avatar
 
Join Date: Oct 2012
Location: Arkadelphia, AR
Posts: 961
Liked 283 Times on 228 Posts
Likes Given: 1244

Default

EDITED- No- possibly misunderstood. C3

__________________

Last edited by c3shooter; 12-03-2012 at 03:25 AM.
racer_x is offline  
 
Reply With Quote
Old 12-03-2012, 03:21 AM   #8
Moderator
FTF_MODERATOR.png
Feedback Score: 0 reviews
 
c3shooter's Avatar
 
Join Date: Feb 2008
Location: Third bunker on the right,Central Virginia
Posts: 16,489
Liked 8588 Times on 3725 Posts
Likes Given: 1320

Default

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.

__________________

<--- Your Moderators at our weekly Troll Hunt


Last edited by c3shooter; 12-03-2012 at 03:25 AM.
c3shooter is offline  
HOSSFLY Likes This 
Reply With Quote
Old 12-03-2012, 03:25 AM   #9
Feedback Score: 0 reviews
 
Mosin's Avatar
 
Join Date: Jun 2010
Posts: 4,438
Liked 3763 Times on 1803 Posts
Likes Given: 664

Default

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
__________________

America has fought wars across the globe, because we kept our firearms while others let dictators take theirs...

Mosin is offline  
2
People Like This 
Reply With Quote
Old 12-03-2012, 03:25 AM   #10
Feedback Score: 0 reviews
 
racer_x's Avatar
 
Join Date: Oct 2012
Location: Arkadelphia, AR
Posts: 961
Liked 283 Times on 228 Posts
Likes Given: 1244

Default

thank you C3

__________________
racer_x is offline  
 
Reply With Quote
Reply

Thread Tools
Display Modes


Similar Threads
Thread Thread Starter Firearms Forum Replies Last Post
Gifting guns. texaswoodworker Legal and Activism 7 02-29-2012 01:57 PM
Will gifting work? 2ndAmendmentFreedom Legal and Activism 7 01-07-2012 04:20 AM
Question regarding gifting a handgun in CA Michael421 General Handgun Discussion 23 12-04-2011 02:09 PM
Gun Gifting - VA PeteZaHut Legal and Activism 9 03-14-2011 01:13 PM



Newest Threads