Gifting a gun

Discussion in 'Legal and Activism' started by Missouribound, Feb 17, 2014.

  1. Missouribound

    Missouribound Well-Known Member

    I'm not sure if I am in the right area, so if I'm not I would appreciate one of the mods to put it where it belongs.

    There is so much talk about straw purchases that it blurs my understanding of gun purchases. If I want to purchase a firearm for my brother in law, can I do that without his knowledge? (not much of a surprise if he knows about it)
    Every gun I have bought has been for me, and of course the wife is an equal partner. But I have been wondering if purchasing a gun for a relative is both allowed and legal? I'm sure many of you have done similar purchases so I need your expertise.
  2. MisterMcCool

    MisterMcCool Well-Known Member Supporter

    Both of you must be residents of the same state.

  3. nitestalker

    nitestalker New Member

    If you are purchasing a new gun as a gift for another person you risking a violation. The Form 4473 will ask if you are purchasing this firearm for your own use. If you answer no it will not likely be approved. If you answer yes you have committed a violation.
    His wife should make the decision on such a purchase.:)
  4. danf_fl

    danf_fl Retired Supporter

  5. c3shooter

    c3shooter Administrator Staff Member

    Sorry, that is not correct. The 4473 asks if you are the actual purchaser, not what you intend to do with it.

    It is perfectly legal under Federal law to buy a gun as a bonafide gift to another person, so long as that person is not prohibited from possessing a gun, and you both reside in same state.

    Use your own money, gift. Use his money to buy a gun for him- strawman sale.
  6. mseric

    mseric New Member

    Correct, and a Gift to an out-of-state person is legal as long as it is transferred by FFL.

    Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, ATF P 5300.4 -
    Federal Firearms Regulations Reference Guide 2005 (Revised - 9/05)] Page 165


    Questions have arisen concerning the lawfulness of firearms purchases from licensees by persons who use a "straw purchaser" (another person) to acquire the firearms. Specifically, the actual buyer uses the straw purchaser to execute the Form 4473 purporting to show that the straw purchaser is the actual purchaser of the firearm. In some instances, a straw purchaser is used because the actual purchaser is prohibited from acquiring the firearm. That is to say, the actual purchaser is a felon or is within one of the other prohibited categories of persons who may not lawfully acquire firearms or is a resident of a State other than that in which the licensee's business premises is located. Because of his or her disability, the person uses a straw purchaser who is not prohibited from purchasing a firearm from the licensee. In other instances, neither the straw purchaser nor the actual purchaser is prohibited from acquiring the firearm.

    In both instances, the straw purchaser violates Federal law by making false statements on Form 4473 to the licensee with respect to the identity of the actual purchaser of the firearm, as well as the actual purchaser's residence address and date of birth. The actual purchaser who utilized the straw purchaser to acquire a firearm has unlawfully aided and abetted or caused the making of the false statements. The licensee selling the firearm under these circumstances also violates Federal law if the licensee is aware of the false statements on the form. It is immaterial that the actual purchaser and the straw purchaser are residents of the State in which the licensee's business premises is located, are not prohibited from receiving or possessing firearms, and could have lawfully purchased firearms from the licensee.

    An example of an illegal straw purchase is as follows: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. If Mr. Jones fills out Form 4473, he violates the law by falsely stating that he is the actual buyer of the firearm. Mr. Smith also violates the law because he has unlawfully aided and abetted or caused the making of false statements on the form.

    Where a person purchases a firearm with the intent of making a gift of the firearm to another person, the person making the purchase is indeed the true purchaser. There is no straw purchaser in these instances. In the above example, if Mr. Jones had bought a firearm with his own money to give to Mr. Smith as a birthday present, Mr. Jones could lawfully have completed Form 4473. The use of gift certificates would also not fall within the category of straw purchases. The person redeeming the gift certificate would be the actual purchaser of the firearm and would be properly reflected as such in the dealer's records.