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1/25/2018 7:38:29 AM
Posted: 7/17/2002 10:49:30 AM EST
Is it legal to buy a gun for somebody and then give it as "gift"? I've read BATF literature where apparently it is. But what consitutes a "gift" and what doesn't? I mean could BATF jump all over you and claim you and the recipient of the "gift" were trying to bypass NICS or state checks? How would you buy a "gift" gun without feeling BATF's wrath? CRC
Link Posted: 7/17/2002 11:06:01 AM EST
[Last Edit: 7/17/2002 11:07:39 AM EST by SBR7_11]
If you buy it (cash and carry), and give it to the receipient, it could be looked at as a "strawman" purchase. Technically, you can buy the firearm as a gift for somebody, but the gift receiver must actually pick-up the firerm themself, and do the papers in their name, and carry it out themself. [b]This is assuming you are buying at a store front/dealer.[/b]
Link Posted: 7/17/2002 3:08:41 PM EST
Originally Posted By CRC: Is it legal to buy a gun for somebody and then give it as "gift"? I've read BATF literature where apparently it is. But what consitutes a "gift" and what doesn't? I mean could BATF jump all over you and claim you and the recipient of the "gift" were trying to bypass NICS or state checks? How would you buy a "gift" gun without feeling BATF's wrath? CRC
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I dont think you will feel the ATF's wrath unless the person you give the gun to commits a crime with it. If you can trust that person to not commit a crime I dont see why there would be a problem. Remember the ATF or governments are NOT god and they cant see every single thing you do with your private properties. Even if they can there are just too many people to monitor for them to really give a crap about you. There will be problems if the other person commits a crime with that gun because then the ATF will have a reason to go after you.
Link Posted: 7/17/2002 3:54:07 PM EST
[puke]Sara Brady did it....
Link Posted: 7/17/2002 4:01:38 PM EST
IIRC, it's a "straw" purchase if the receiver was, at the time, restricted from receiving and posessing the weapon. If you bought the gun and gave it to your brother for a present (and you violated no state laws), it's legal. If your brother is a felon, or has a a background check denied, it's a "straw" purchase.
Link Posted: 7/17/2002 6:15:14 PM EST
I understand it the same as SJSAMPLE. You buy the gun and give it to someone who could have bought it themselves, it's okay. No problems. If you buy the gun and give it to someone who can't buy it, then it's a straw purchase and you've done a bad thing. Of course, you could give it to a minor and still be okay. I suppose the thought is you have the parents approval to do so.
Link Posted: 7/17/2002 6:31:05 PM EST
Originally Posted By SBR7_11: If you buy it (cash and carry), and give it to the receipient, it could be looked at as a "strawman" purchase. Technically, you can buy the firearm as a gift for somebody, but the gift receiver must actually pick-up the firerm themself, and do the papers in their name, and carry it out themself. [/b]
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The person being given the gift does NOT have to pick up the gun themselves and do the papers in their name. The person giving the goft fills out the paperwork. This is plainly stated throughout the law. The person giving the gift fills out the paperwork and then gives the gift. The person receiving the gift just has to say "Thank you!" To clarify some inaccuracies in the above text: General Information, section 16, "Straw Purchases", last paragraph of section. "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."
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