I am in the Army currently in Iraq.

If my Dad in the US buys a lower receiver and then gives it to me after I return to the US, Is this a "straw purchase"?

If I give my dad money to buy me a lower receiver, he purchases the receiver and gives it to me after I return, is this a "straw purchase"?

I have heard that it is not a straw purchase if both of us are legally authorized to purchase a firearm. I even heard that my dad can take a 4473 I filled out with a copy of my ID when he fills out his 4473 at time of purchase to show the dealer the sale is not intended to be a straw purchase.

What's the right answer?

Your dad is buying you a gift.  As long as you are legal, nothing keeps him from buying you a gift.

If he is the actual purchaser and intends give it to you as a gift, it is not a straw purchase.  If you give him the money, and he buys it for you, it is an illegal straw purchase.  Would either of you be charged?  Probably not; the BATF has bigger fish to fry.  There is no provision in the regulations for him to purchase using your ID.

I didn't mean to say he would use my ID when making the purchase but giving the FFL both 4473s with IDs would allow the FFL to run both our names and verify we are both ok to purchase the lower.

Anyone know what the exact wording on straw purchases says?

F

Quoted: I didn't mean to say he would use my ID when making the purchase but giving the FFL both 4473s with IDs would allow the FFL to run both our names and verify we are both ok to purchase the lower. Anyone know what the exact wording on straw purchases says?

The FFL only needs to check him

If it's a gift, it's a legal private party transaction, no different from a private sale...

Straw purchasing involves (a) the seller buying in it for profit, and/or (b) the buyer being prohibited from owning firearms....

[edited because I was on (legal) drugs last night after having 3 wiz teeth pulled)

TANGOCHASER, your father is is going to buy a lower now and give it to you as a gift when you return to the U.S.

A straw purchase occurs when you answer yes to question 12 (a) on the 4473 and are not the actual buyer of the firearm.  The violation occurs at the time you sign the form and have the firearm transfered.  It is not dependent on whether or not any third party to the transaction is prohibited from possessing firearms.  If you subsequently transfer the firearm to a prohibited person in a straw man transaction that would be an additional charge.

From the 4473:

12. Answer questions 12a through 12l by writing “yes” or “no” in the boxes to the right of the questions.

a. Are you the actual buyer of the firearm(s) listed on this form? Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm(s) to you. (See Important Notice 1 for actual buyer definition and examples.)

...............................................

1. 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.

ACTUAL 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 buyer of the firearm and must answer “no “ to question 12a. 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 buyer of the firearm and should answer “yes” to question 12a.

.................................................

I certify that the above answers are true and correct. I understand that answering “yes” to question 12a when I am not the actual buyer of the firearm is a crime punishable as a felony. I understand that a person who answers “yes” to any of the questions 12b through 12k is prohibited from purchasing or receiving a firearm. I understand that a person who answers “yes” to question 12l is prohibited from purchasing or receiving a firearm, unless the person also answers “yes” to question 13. I also understand that making any false oral or written statement, or exhibiting any false or misrepresented identification with respect to this transaction, is a crime punishable as a felony. I further understand that the repetitive purchase of firearms for the purpose of resale for livelihood and profit without a Federal firearms license is a violation of law. (See Important Notice 8.)

I appreciate the info. Thanks.

Just one more point: I believe this is legal ONLY because he is your father. An aquantance/friend/2nd cousin/work colleague etc. could NOT do this legally. At least, this is my understanding.

Correct on Poppa buying you a gift. Incorrect on the 2 I.D.s and 2 4473's

The FFL would probably go into brain freeze and call the Fienstein / Schumer JBT's

Quoted: Just one more point: I believe this is legal ONLY because he is your father. An aquantance/friend/2nd cousin/work colleague etc. could NOT do this legally. At least, this is my understanding.

As long as you are in compliance with your state law on the private transfer of firearms and you are not transferring a firearm to a prohibited person and you are both residents of the same state you can transfer a firearm as a gift to anyone.  Once again you must be the actual purchaser of the firearm you are giving as a gift to someone else.

The ONLY time you can acquire a firearm for someone else is when it is being given as a gift.

Any other time would be a straw purchase.  If you give your dad money and he buys it for you, that is a straw purchase.

If your dad says I wan to give you something as a present wen you come back, what do you want and you say AR15 lower and he then acquires it and gves it to you, not a problem.  Your father fills out 4473 as if he were the end user.

mark
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