Gun as a Gift

[Kythas]

I know buying a gun FOR someone else is a straw purchase and is illegal, but what about buying a gun with the intention of giving it to someone else as a gift? Anyone know the legalities of that? How would that be any different from a straw purchase?

[Express]

i thought it was okay to gift as long as the receiving party can legally purchase a firearm.

[Middle Age Russ]

I believe that you can purchase a firearm with the intent of giving it to another person, as long as the person receiving the gift is not prohibited from owing the firearm. It seems that the whole concept of "Straw Purchases" is akin to this, but I am not absolutely clear of the differences from a legal standpoint.

[speedsix]

...if the person you're transferring it to is not prohibited by state or federal law from owning it, and lives within the SAME STATE, it is legal to give them a gun...if they live in another state, the transfer must be done through an FFL in the state which they reside...with a 4473...

[seamusTX]

Long story short, if you purchase a firearm, it belongs to you. You can legally sell it or give it away five minutes later (to a resident of the same state who can legally possess a firearm).

A straw purchase is characterized by a person who cannot legally purchase a firearm soliciting another person to make the purchase. Often the purchaser is a girlfriend or relative who has not been convicted of a felony (yet).

Here is what the BATFE has to say:

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.

http://www.atf.gov/publications/downloa ... 5300-4.pdf" onclick="window.open(this.href);return false;

Though this document is dated 2005, this area of law has not changed since then.

- Jim

[Pawpaw]

I've done it twice now and both times the gun store knew I was buying as a gift.

The first time was at your local CTD, Kythas.

The second (last week) was at my LGS and the owner was the one who sold it to me.

As has been mentioned, as long as the recipient is able to possess, you're good to go!

[ChrisD]

Great question. I've been curious to this topic as well.
Thanks for the great replies.
Now I gotta go buy the Mrs a weapon & pay for some classes

[Teamless]

I would add that I have been a various gun shows, where 1 party was buying a weapon for another party. Both people were at the show, but one party had moved and told the seller that the address on the DL did not match where they actually lived.
So the other party, who's DL matched their house, offered to buy it for the other person. The seller would not allow it, knowing it was for someone else and not the person actually filling out the 4473.

I state this, not to say what is legal or not, but just be careful when you are buying it, you don't tell the wrong person that "I am buying this for this or that person", it may save you confusion, regardless that the law says that it is LEGAL to do so.

[seamusTX]

FFLs are trained to detect straw sales, and various agencies (including Michael Bloomberg's stooges) run stings. You can't blame FFLs for being cautious.

All you are obligated to do is show ID, fill out the 4473 truthfully, and hand over the money. Probably the FFL just wants to complete the sale and isn't interested in whether you are going to give the weapon to your mother-in-law or use it as a back scratcher.

- Jim

[G.A. Heath]

On the 4473 it asks if your the actual buyer of the firearm, now there is a reference there to a place on the 4473 that says you are the actual buyer if you are going to gift the firearm to another party.

[tacticool]

Take the emotion of guns out of the question and maybe it's easier to understand. If I buy a video game with my money and give it to my nephew for his birthday, I am the actual purchaser. If he gives me money to buy a game for him, I'm making the purchase on his behalf.

[seamusTX]

Are video games controlled by age? I've heard talk of something similar to movie ratings for "adult" content and violence.

I don't know anyone young enough to worry about it.

- Jim

[tacticool]

Make the example something else if that works better for you. If it's my money, I'm the actual purchaser, whether I keep it or give it away. If someone gives me money to buy something for them, I'm acting as their agent and I'm not the actual purchaser.

[seamusTX]

I'm just asking about video games. There seems to be a patchwork of state and local laws about them.

The situation is similar for alcoholic beverages. Parents can serve alcoholic beverages to their minor children, and an adult spouse can serve alcohol to a minor spouse (ABC 106.04). But you can't legally buy a keg for a bunch of kids to have a beer bash.

(I'm not for a moment suggesting that children should be getting drunk or anywhere near it. Consumption of wine with meals and during religious ceremonies is an ancient tradition.)

- Jim

[Jumping Frog]

If it's my money, I'm the actual purchaser, whether I keep it or give it away. If someone gives me money to buy something for them, I'm acting as their agent and I'm not the actual purchaser.

That is the correct answer.

Follow the money . . .