TexasCHLforum.com

bmwrdr wrote:I would not buy a gun for somebody else with my name on the FFL transfer form. There is one question on the form which is worded like "do you buy the gun for yourself" which I answer with yes.
I agree with other forum members to pay for it but the firearm transfer has to be in the new owners name simply to abide the law and avoid any possible complications.
Selling a firearm I owned for a period of time is a different story but I would ask for a CHL/ LTC or if I know the buyer very well.

If you look at the back of the 4473

Question 11.a. Actual Transferee/Buyer:
For purposes of this form, a person is the actual transferee/buyer if he/she is purchasing the firearm for him/herself or
otherwise acquiring the firearm for him/herself. (e.g., redeeming the firearm from pawn, retrieving it from consignment, firearm raffle winner). A person is also the actual transferee/buyer if he/she is legitimately purchasing the firearm as a bona fide gift for a third party. A gift is not bona fide if another person offered or gave the person completing this form money, service(s), or item(s) of value to acquire the firearm for him/her, or if the other person is prohibited by law from receiving or possessing the firearm

So, you are perfectly legal buying this as a gift if a 4473 is needed. No 4473 if buying from a private party.

Wysiwyg101 wrote:As I understand it, the Straw Man law is where Person A gets Person B to purchase a firearm for them because Person A is no longer eligible to purchase a firearm. Then, Person B "sells" that firearm to Person A.

Here's the situation. I've got a friend who is eligible to purchase a firearm. He is legally allowed to do so. However, I want to purchase a firearm either from a private party (no 4473) or from an FFL to give to my friend as a gift. He's gotten me some very nice work over the last couple of years and I think it would be a nice thing to do.

The private party is leery of violating the Straw Man laws.

What say you? Would I be violating the Straw Man laws to buy, as a gift, a firearm for my friend with no thought of recompense from him?

Thanks for any and all responses to my query.

I think it's an illegal purchase as described in your first paragraph even if person A was eligible to buy the firearm. If you fill out the paperwork (4473) knowing that you are buying for someone else and then selling to them even if they are eligible to buy it than it's a straw purchase. I believe this happened with someone that bought for a relative because he was able to get a discount and then was repaid by the other relative.

On the other hand, if you buy from a private party and you are legal to buy in Texas than no paperwork needs be done (bill of sale at your discretion) and you can gift to anyone that is legal to buy in Texas without paperwork or FFL. So, if you see something on texasguntrader from a private party and buy it and give it to your wife as long as you are both able to own a gun in Texas that is a legal transaction and not a straw purchase. If you buy it from a dealer than you do the 4473 and can gift it to your wife. Or gift it to your friend whom you said was legal.

As per usual, IANAL but that's my understanding of the law.