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9/22/2017 12:11:25 AM
Posted: 9/28/2005 11:58:25 PM EDT
My son who is on active duty in Korea will be back in town on leave in a few weeks and has been bitten by the 1911 bug. Can he purchase it and and have me pick it up at the end of the waiting period using a Power of Attorney, since he will be back overseas at that point?

I know in the not terribly distant past it was possible because I did it when I got my Sporter during the first Gulf War. I bought it and my brother picked it up.
Link Posted: 9/29/2005 1:25:55 PM EDT
I believe gifts from parent-to-child or child-to-parent are exempt from DROS. You do the DROS and give it to him when he returns.
Link Posted: 10/3/2005 4:34:26 PM EDT
Thanks for the reply.

But only one reply? Do I gotta go out to the Legal Section in GD? oh woe, what has happened to the hive mind?
Link Posted: 10/3/2005 4:52:32 PM EDT
You can buy it then give it to him later. (or he can pay you back)

Regardless, the father-son transfer does not need to go through a DROS, however you do need to report it to DOJ (handguns only)

Report of Operation of Law or Intrafamilial Handgun Transaction
Link Posted: 10/3/2005 5:19:44 PM EDT
The same also applies to spouses. DROS not needed, handguns need to have their registered owner changed.
Link Posted: 10/4/2005 3:01:50 PM EDT
Sounds good now all we need to do is find the model he wanted. I might even have to test fire it for him a few times before he gets back PCS.

He's looking for the Springfield Armory plain jane GI MilSpec parkerized.
Link Posted: 10/4/2005 8:40:53 PM EDT
[Last Edit: 10/4/2005 8:46:13 PM EDT by Kisara]

Originally Posted By DnPRK:
I believe gifts from parent-to-child or child-to-parent are exempt from DROS. You do the DROS and give it to him when he returns.



No. Power-Of-Attorney only means your son gave you permission to do something. Notarizing it would only proove he gave you permission. But do you really think a gun store will release it to you? Unless you are the one with a background check, you won't get it. How do they know that you aren't a domestic violence suspect, a mental patient, a restrained person (restraining order), a parolee or other convicted felon... All a POA does is give your son's word that he said you can do something for him. If that worked, every Brady reject would be getting "clean" people to buy their Glocks and then get them to sign a POA... And if what DnPRk said was true, they'd all have their kids or parents buy them and them give them gifts.

Times have changed (think PC) and of all places to try this...... CA? Good luck!
Link Posted: 10/4/2005 8:57:00 PM EDT
What part of "I have done it before" wasn't clear? And your examples of illegal straw purchases are nice, but this wouldn't be a straw purchase.
Link Posted: 10/4/2005 10:15:38 PM EDT
I understood it fine. That's why I said, "Times have changed." Your POA example, by definition, is a straw purchase.


Originally Posted By PaDanby in another thread:
Oh I don't know, why don't you try thinking for a change and see if you can figure it out?



You have a reputation on this board of getting bent out of shape when people answer. You asked our opinion; if you don't like what you read here then I suggest you consult an attorney who specializes in firearms transactions. CPRA will point you in the right direction of finding one.


Link Posted: 10/5/2005 2:09:42 PM EDT
[Last Edit: 10/5/2005 2:18:03 PM EDT by PaDanby]

Originally Posted By Kisara:
I understood it fine. That's why I said, "Times have changed." Your POA example, by definition, is a straw purchase.


Originally Posted By PaDanby in another thread:
Oh I don't know, why don't you try thinking for a change and see if you can figure it out?



You have a reputation on this board of getting bent out of shape when people answer. You asked our opinion; if you don't like what you read here then I suggest you consult an attorney who specializes in firearms transactions. CPRA will point you in the right direction of finding one.





only when people make stupid answers, when people answer with the laws for State A when the question is about State B. Neither the laws or times have changed since I made the purchase. But then I guess you didn't know that either.

I bet you just loved pulling that quote out yer butt. How long have you been waiting to do that or did you go looking for it? I'm impressed.

Follow this slowly. If I bought it and then sold or gave it to him without going through a DROS THAT would be a straw purchase. Buying for somebody else is a straw purchase. Notice the question is if HE (not ME) purchases it for himself, and I use the POA to pick it up for him. Also referring to the initial question, may I point again that he is on active duty overseas, he will be returning overseas before the 30 days is up. Which means since I apparently left it out, he won't be here to pick it up. Ergo, the need for somebody else to pick it up. Hence the use of a power of attorney which is a legal document authorizing me to perform either a specific action (specific POA) or all manner of actions (general POA). In other words since I have this legal authorization to perform various act for him is it suitable to pick up the pistol. I know I left all this petty detail out because I thought it went without saying I guess not.
Link Posted: 10/5/2005 2:29:26 PM EDT
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