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Jumping Frog wrote: The uncle was paying for the handgun, and the nephew was buying it. Had the nephew bought the gun and gave it as a gift, there would have been no problem.
Nope, no gun registry shenanigans going on thru NICS there... Not a smidgeon!Writing for the majority, Justice Elena Kagan said the federal government's elaborate system of background checks and record-keeping requirements help law enforcement investigate crimes by tracing guns to their buyers. Those provisions would mean little, she said, if a would-be gun buyer could evade them by simply getting another person to buy the gun and fill out the paperwork.
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.
If I were going to "gift" somebody a firearm, I would purchase a gift-card for the store with the gun, for the amount of the gun (and tax), and give the gift card. Then the recipient can fill out all the paperwork and pay for his gun with your gift card.Cjwglock19 wrote:Ok, my dad has been looking to purchase a new pistol. He has had a few things happen and has held off, I have considered purchasing as a gift for his upcoming birthday. If I do this, is there a legal transaction I must do, or do I just gift it to him with all receipts?? I have never purchased a gun as a gift so I want to be sure.
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.
) in court.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.
cb1000rider wrote:That's the straw purchase distinction, absolutely.
There is no "gift" option on Form 4473.
IMPORTANT NOTICES:
For purposes of this form, you are the actual buyer if you are purchasing the firearm for yourself or otherwise acquiring the firearm for yourself (for example,
redeeming the firearm from pawn/retrieving it from consignment). You are also the actual buyer if you are acquiring the firearm as a legitimate gift for a third party.
And yet they were able to determine the particulars of this transaction without problem.sjfcontrol wrote:Nope, no gun registry shenanigans going on thru NICS there... Not a smidgeon!Writing for the majority, Justice Elena Kagan said the federal government's elaborate system of background checks and record-keeping requirements help law enforcement investigate crimes by tracing guns to their buyers. Those provisions would mean little, she said, if a would-be gun buyer could evade them by simply getting another person to buy the gun and fill out the paperwork.