Gifting a gun.

Discussion in 'Legal and Activism' started by Mosin, Dec 2, 2012.

  1. Mosin

    Mosin Well-Known Member

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    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?
     
  2. racer_x

    racer_x New Member

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    check that yes an see if you walk out with it
     

  3. trip286

    trip286 New Member

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    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)
     
  4. c3shooter

    c3shooter Administrator Staff Member

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    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.
     
  5. Mosin

    Mosin Well-Known Member

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    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?
     
  6. willfully armed

    willfully armed New Member

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    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.
     
    Last edited: Dec 2, 2012
  7. racer_x

    racer_x New Member

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    EDITED- No- possibly misunderstood. C3
     
    Last edited by a moderator: Dec 2, 2012
  8. c3shooter

    c3shooter Administrator Staff Member

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    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.
     
    Last edited: Dec 2, 2012
  9. Mosin

    Mosin Well-Known Member

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

    racer_x New Member

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  11. gunguru

    gunguru New Member

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    What I did when I worked in retail selling guns was have person A buy person B a gift card for the amount (weapon, tax and DROS fee) then give it to person B so they can fill out the paperwork. It worked, ruined the surprise, but it worked.
     
  12. texaswoodworker

    texaswoodworker New Member

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    Now, your dealing in firearms which is illegal without the proper FFL. Even know you didn't initially plan on selling the gun when you bought it, you would have a hard time proving that the the BATFE if you got caught.

    If your giving your buddy a gun as a gift, that's fine. But if your buddy wants to buy a gun, he has to go the the gun shop and do it himself. If you just bought a gun that your buddy really wants, I really don't know how long you should legally wait. Maybe a few months???
     
  13. John_Deer

    John_Deer New Member

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    Many stores will not sell gift cards. I wanted to get a gun for my brother. I called the gun shop looking to buy a gift card. They said I need to mail him a check and let him buy the gun. The gun shop owner knows my brother and they are good friends. The shop owner very politely told me that there is to many ways for gift purchases to be seen as straw purchases. I have to respect that. He has a nice business.
     
  14. Mosin

    Mosin Well-Known Member

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    I thought you could do private sales, hence all the gun sales in the local classifieds.
     
  15. danf_fl

    danf_fl Retired Supporter

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    Private sales are permissible.
    But I would normally do it through an FFL if there was the slightest doubt in my mind about purchaser.
    And if I gift a firearm, I know the receiver.
     
  16. John_Deer

    John_Deer New Member

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    You can do as you please. But you might have to prove yourself innocent for reselling a gun a couple days after you bought it. All it takes is one over-zealous officer to find out about the sale and you will have your hands full. Federal agents can hold you without charging you with anything for as long as they please. I would do my best to avoid any attention from the ATF.
     
  17. c3shooter

    c3shooter Administrator Staff Member

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    Yes, in most states, a private sale is legal. However, if you are charged with "Engaging in the business" of buying and selling guns without a license, you ARE going to need a lawyer. A pattern of buying and selling will do that.

    No, no magic number of guns. No, no magic time you must hold a gun before selling it. In some cases, it has been the purchase and resale of ONE gun.

    You collect military arms. You have an M1 Carbine. You buy a better one, decide to sell the first- NOT "engaging in the business".

    You go to a gun show- really good price on 91/30s. You buy 6 of them, keep one, and over the next month sell the other 5 to your buds. "Engaging in the business".

    You are moving to Fresnoistan where you are not permitted to own .29 caliber rifles. You decide to sell your collection of .29 caliber rifles. NOT "engaging in the business".

    Please remember legal advice posted here is worth every penny you are paying for it. I am not a lawyer, and even if I were, I am not YOUR lawyer.
     
  18. locutus

    locutus Well-Known Member Supporter

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    If you buy a rifle or shotgun and later (not the next day) gift that weapon to a young friend, or the son or daughter of a friend, and THERE IS NO FINANCIAL REMUNERATION, you are legal.
     
  19. unioncreek

    unioncreek New Member

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    You can gift it and it works like this. This is the way it worked for me gifting a hand gun to my 18 year old son. My brother in law is a sheriffs deputy and he said this is legal at least in MT. I buy the hand fun they run a background check on me and since its going to my son they run the check on him also. That's the only legal way for it not to be a straw purchase. He was even able to get a conceal carry permit.

    Bob
     
  20. Yunus

    Yunus New Member

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    A friend at work said they were thinking of buying a gun as a gift for someone. My suggestion was to buy a gift card to the store for 2 reasons.

    1) C3 is correct but just because you do something one way does not mean police and DA will interpret your actions the way you intended them.

    2) Guns are not easily returned and we are all very picky about the exact model and features we want. A gift card allows the person to get exactly what they want.