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Durkin Tactical Franklin Armory
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Posted: 4/18/2010 6:43:40 PM EDT
I want to purchase a M4 from a website using my credit card.  I am planning to keep the upper for myself and my brother is going to keep the lower.  I spoke to my FFL and he stated that it didn't matter who ordered the weapon.  He said the person who submits the paperwork when the gun arrives will have it "run" under their name.  I just want to inquire if anyone has comments on the validity of what I was told.  I don"t want any problems down the road.  My brother is legally able to purchase it on his own but doesn"t current use any type of CC/DC to make the purchase.

Thanks.
Link Posted: 4/18/2010 7:00:47 PM EDT
[#1]
Your dealer is being straight with you.  The 4473 which will be filled out will use the name and nics check of the person filling it out.



Technically the person who is purchasing the gun should be the person filling out the 4473 form, since the lower is the firearm, it should be your brother.
Link Posted: 4/18/2010 7:02:50 PM EDT
[#2]

If you make a gift of a firearm to your brother, and you are not aware of any reason why he would not be able to legally own the weapon, no problem.

If you know of some reason why he would legally not be able to purchase or own the firearm, and you buy it for him, that is a straw purchase.

Sounds like the former to me, which would be fine.
It does not matter that you knew you wanted to gift it before you purchased it.

For example if you buy a 1911 for your father for his birthday, and as far as you know he is legally allowed to own it, no problem.
Link Posted: 4/18/2010 7:06:56 PM EDT
[#3]
The other reason I want to purchase is to use my LE discount.
Link Posted: 4/18/2010 7:10:47 PM EDT
[#4]
[Your dealer is being straight with you. The 4473 which will be filled out will use the name and nics check of the person filling it out.

Technically the person who is purchasing the gun should be the person filling out the 4473 form, since the lower is the firearm, it should be your brother./quote]

So even if the purchase from the vendor is in my name, my brother can receive the gun and we can swap out uppers later?  I just don't want it to come back and bite me in the ass if it were to get stolen/lost/sold in the future.
Link Posted: 4/18/2010 7:18:10 PM EDT
[#5]
Texkaw has it correct, if you purchase the gun, and do the 4473 you can sell or 'gift' it to your brother, as long as there is no reason which would prevent your brother from owning the firearm (lower).



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