I'm no lawyer, so, FWIW ...sjfcontrol wrote:So, how much time (or what other actions) must expire between the time that you buy the gun, and the time when you can sell it to someone else as a private transaction?cb1000rider wrote:That's the straw purchase distinction, absolutely.
There is no "gift" option on Form 4473.
Seems to me that if it's a gift (my money, my purchase, give it to you [as long as you are not prohibited]), it's ok. No "waiting period".
But.....
If you give me the money, and I do the 4473 in my name... that's a no-no
and....
if you "promise to repay me" and I do the 4473 in my name... also a no-no.
Basically... An honest gift is ok, a prearranged onward-sale is not.
Again... That's just my OPINION. Worth nothing to you (or me
) in court.http://www.atf.gov/files/forms/download ... 4473-1.pdf" onclick="window.open(this.href);return false;
Emphasis added...
Question 11.a. Actual Transferee/Buyer: For purposes of this form, you are
the actual transferee/buyer if you are purchasing the firearm for yourself or
otherwise acquiring the firearm for yourself (e.g., redeeming the firearm from
pawn/retrieving it from consignment, firearm raffle winner). You are also the
actual transferee/buyer if you are legitimately purchasing the firearm as a gift
for a third party. ACTUAL TRANSFEREE/BUYER EXAMPLES:
Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr.
Jones the money for the firearm. Mr. Jones is NOT THE ACTUAL TRANS-FEREE/BUYER
of the firearm and must answer “NO” to question 11.a. The licensee
may not transfer the firearm to Mr. Jones. However, if Mr. Brown
goes to buy a firearm with his own money to give to Mr. Black as a present,
Mr. Brown is the actual transferee/buyer of the firearm and should answer
“YES” to question 11.a. However, you may not transfer a firearm to any
person you know or have reasonable cause to believe is prohibited under 18
U.S.C. §922(g), (n), or (x). Please note: EXCEPTION: If you are picking
up a repaired firearm(s) for another person, you are not required to answer
11.a. and may proceed to question 11.b.