TexasCHLforum.com

Rex B wrote:

Jumping Frog wrote: It is illegal for someone else to give you money, you buy the firearm, and turn around give the firearm back to the person. That is a "straw purchase" and it does not matter whether the end recipient is disqualified from owning firearms or not.!

Do you have a cite for that?

A a straw purchase can occur even when the actual purchaser is not a prohibited person. The crime committed is knowingly making a false statement on the Form 4473 indicating that the straw purchaser is the actual purchaser, when that is not the case.

I've expended as much time as I am willing to spend trying to find the cite on the ATF website. If you read this case study, it makes the ATF position clear: http://www.atf.gov/training/firearms/ff ... ode-4.html" onclick="window.open(this.href);return false;

Keep in mind that a straw purchase is a purchase in which the actual purchaser uses someone else — a.k.a. the “straw person” — to purchase the firearm and complete the paperwork. Generally, the straw purchaser is used because the actual purchaser is not eligible to conduct a transaction because he or she is a felon or other prohibited person. However, a straw purchase occurs even when the actual purchaser is not a prohibited person. The crime committed is knowingly making a false statement on the Form 4473 indicating that the straw purchaser is the actual purchaser, when this is not the case. Additionally make sure you familiarize yourself and anyone who purchases a firearm as a gift with the rules associated with the ATF I 5300.2 pamphlet.

I know I have read clearer statement from the ATF in the past that basically laid this out, but cannot find the link now.

The simplest way to understand the distinction is to remember the old saying called, "Follow the money".

It is illegal for someone else to give you money, you buy the firearm, and turn around give the firearm back to the person. That is a "straw purchase" and it does not matter whether the end recipient is disqualified from owning firearms or not.

It is perfectly legal for you to use your own money, or a group of people to chip in with you, and purchase a gun as a gift. The end recipient did not provide the funds, so it is a gift and not a straw purchase. Of course, the gift must be given to someone who is legally allowed to possess firearms and ammunition.

The FFL transfer would have to be into your name for you to be the purchaser. Then you would have to transfer the firearm from yourself through an FFL in your father's state to your father.

Nice present!