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9/19/2017 7:27:10 PM
Posted: 6/8/2003 7:04:28 PM EDT
I bought a pistol and gave it to a friend as a birthday present (OK - she hinted that she wanted one) - yellow paper work is all in my name... Now - I trust her implicitly, but since I no longer have control of that weapon I want to make sure that whomever keeps the records know that I no longer own it. Who do I call or notify when I've sold or no longer own a firearm that was registerd in my name??
Link Posted: 6/8/2003 7:08:17 PM EDT
Link Posted: 6/8/2003 7:08:41 PM EDT
In AZ?? I don't think they register guns there, cause if they did you would have had to have done that when you transferred the pistol to her in the first place. If you mean registered in the filling out of a 4473 form, that's not registered either. And, there is no one to call.
Link Posted: 6/8/2003 7:09:45 PM EDT
Link Posted: 6/8/2003 7:10:36 PM EDT
There are no records. This is a GOOD thing.
Link Posted: 6/8/2003 7:13:20 PM EDT
If, and only if the weapon is used in a crime, and recoevered, the ATF will likely do a trace on the weapon. The ATF will then contact you, to ask about the status of the weapon. Other than that, there is no paperwork to complete. You are just the last person to recieve the weapon in a long line of transfers. P.s. You do know what a straw purchase is right?
Link Posted: 6/8/2003 7:33:25 PM EDT
If you are really concerned, take it to an FFL and transfer it. He will put it in his book as receiving it from you, and then he will make her go through the normal paperwork. problem (if any) solved. PS...The ffl might charge a small fee.
Link Posted: 6/8/2003 7:35:24 PM EDT
Personally, I would save any and all documentation to prove that you transferred the gun. I would make a photocopy of the check, or whatever payment means, and take the down the person's drivers license number, name, address, DOB just in case. And store this info with all of the permanent firearms receipts etc.
Link Posted: 6/8/2003 7:43:04 PM EDT
Don't call anyone, The first question on that form asked if you were buying this weapon for yourself. Since you received the weapon, I assume you answered that question with a "yes"(the only "yes" answer on the form). Admitting now that you bought the weapon for someone else could be seen by some as a crime. So maybe you should get $1 from your freind.
Link Posted: 6/8/2003 8:15:44 PM EDT
What you did was to purchase a gun to give away as a gift. This is legal under Fed. Regulations. Over the past 25 years I've bought a lot of pistols, rifles and shotguns as Christmas presents for my sons and grandsons.I've given away more guns than most people own. The 4473 never leaves the gunshop anyway unless the gunshop goes out of business. It used to be legal for the shop to destroy the forms after about 5 years, but it has been raised to 20 years or so now.Plus your name goes in the log book as receiving the gun.Just make a note of what you did with the gun and save it as a permanent record. Don't mess up a good thing that you did by bothering your friend with a lot of questions about driver's license or other info
Link Posted: 6/8/2003 8:34:25 PM EDT
Personally for me, I disagree with sckoyrsht & RELOADER-BOB, what happens if that gun is involved in a crime. Guns are stolen all of the time, what happens if someone stole it from the person you sold it to, and it was involved in a murder? The authorities are going to trace it to you since you were in the chain of custody on the 4473 form. You really don't have to ask for D/L # etc I just put it out as a suggestion, but I would try to document as closely as possible whom/when you transferred the gun to another person. True you don't have to do, but CYA, its your butt thats on the line, not sckoyrsht & RELOADER-BOB.
Link Posted: 6/8/2003 8:39:08 PM EDT
Since there is no firearm registration in your state, no calls are necessary. The only time this would ever come up is if the gun is used in a crime and found, but the identity of the criminal is unknown. If that happens to this gun, then the police will probably contact you and ask about the gun, and you tell them that you gave it to X as a gift, which is perfectly legal. It couldn't hurt to have a record of the gun model and serial and contact info for X. If you were selling to a stranger, you might want to do a more formal bill of sale and get Driver's License info or something similar. But you don't need to notify anyone for any private transfer in-state. Also FWIW, it was my understanding that it is only a "straw purchase" if you intend to transfer the gun to someone you know to be ineligible to buy a gun from a dealer.
Link Posted: 6/8/2003 8:52:17 PM EDT
Originally Posted By mace: Also FWIW, it was my understanding that it is only a "straw purchase" if you intend to transfer the gun to someone you know to be ineligible to buy a gun from a dealer.
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Correct... When you answer 'are you the actual buyer' on the 4473, you are... You are buying a gun yourself, which you intend to give as a gift. An example of a 'no' would be someone asking you to buy a gun for them, and giving you the money to do it. This is what's illegal, esp if they are ineligable to purchase (Technically, even giving your friend money to pick something up for you (say at a gun show you can't quite make) is illegal too... It's just less likely to be prosecuted if both of you aren't prohibited)...
Link Posted: 6/9/2003 6:10:23 PM EDT
Originally Posted By mace: Also FWIW, it was my understanding that it is only a "straw purchase" if you intend to transfer the gun to someone you know to be ineligible to buy a gun from a dealer.
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A "straw purchase" does not need to involve an ineligble person to receive the firearm. 15. "STRAW PURCHASES" Questions have arisen concerning the lawfulness of firearms purchases from licensees by persons who use "straw purchasers" (another person) to acquire the firearms. Specifically, the actual buyer uses the straw purchaser to execute the Form 4473 purporting to show that the straw purchaser is the actual purchaser of the firearm. In some instances, a straw purchaser is used because the actual purchaser is prohibited from acquiring the firearm. That is to say, the actual purchaser is a felon or is within one of the other prohibited categories of persons who may not lawfully acquire firearms or is a resident of a State other than that in which the licensee's business premises is located. Because of his or her disability, the person uses a straw purchaser who is not prohibited from purchasing a firearm from the licensee. In other instances, neither the straw purchaser nor the actual purchaser is prohibited from acquiring the firearm. In both instances, the straw purchaser violates Federal law by making false statements on Form 4473 to the licensee with respect to the identity of the actual purchaser of the firearm, as well as the actual purchaser's residence address and date of birth. The actual purchaser who utilized the straw purchaser to acquire a firearm has unlawfully aided and abetted or caused the making of the false statements. The licensee selling the firearm under these circumstances also violates Federal law if the licensee is aware of the false statements on the form. [b]It is immaterial that the actual purchaser and the straw purchaser are residents of the State in which the licensee's business premises is located, are not prohibited from receiving or possessing firearms, and could have lawfully purchased firearms from the licensee.[/b] This article does not purport to cover sales to persons who purchase firearms with the intent of making gifts of such firearms to other persons. In instances such as this, the person making the purchase is indeed the true purchaser. There is no straw purchaser in these instances. 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. [url]http://www.atf.treas.gov/pub/fire-explo_pub/geninfo.htm[/url]
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