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Posted: 12/25/2015 8:24:53 PM EDT
A guy is trying to work a trade deal with me, but is a little hard on cash right now. One idea was that he could potentially purchase a firearm for me at a local shop. But, he's in another state.  Now, it would be for me, no selling off or anything like that. But in my mind, this still sounds like a straw man sort of thing.



Can someone confirm or deny the legality of this?
Link Posted: 12/25/2015 8:33:48 PM EDT
[#1]
Bump. Surely someone has an answer.
Link Posted: 12/25/2015 8:35:13 PM EDT
[#2]
If it smells fishy it is fishy.
Link Posted: 12/25/2015 8:35:49 PM EDT
[#3]
Not legal. Don't do it.

There is a supreme court case about this
Link Posted: 12/25/2015 8:37:24 PM EDT
[#4]
Kind of what I was thinking. He's just gonna have to come up with the money.
Link Posted: 12/25/2015 8:37:48 PM EDT
[#5]
He's hard up for money but is going to poetenially purchase a firearm....????  What am I missing......
Link Posted: 12/25/2015 8:37:55 PM EDT
[#6]
Could be legal if he bought it at his FFL, then shipped it to your FFL and you picked it from there; with both parties doing a 4473
Link Posted: 12/25/2015 8:38:09 PM EDT
[#7]
How could he purchase it if he is low on cash???? He could buy gift cards and give them to you or buy you a gun wherever he resides and send it to your local dealer.
Link Posted: 12/25/2015 8:51:20 PM EDT
[#8]
I don't believe an FFL is going to accept payment from one person but transfer the firearm to another person. It would be viewed as a straw purchase.

Also, you would be lying on question 11(a) as you are NOT the actual buyer of the firearm if I understand the original post correctly.
Link Posted: 12/25/2015 8:55:21 PM EDT
[#9]

Discussion ForumsJump to Quoted PostQuote History
Quoted:


He's hard up for money but is going to poetenially purchase a firearm....????  What am I missing......
View Quote
Credit card.

 
Link Posted: 12/25/2015 9:19:01 PM EDT
[#10]

Discussion ForumsJump to Quoted PostQuote History
Quoted:



Credit card.  
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Discussion ForumsJump to Quoted PostQuote History
Quoted:



Quoted:

He's hard up for money but is going to poetenially purchase a firearm....????  What am I missing......
Credit card.  




 
This. He really wants the pistol, and I guess he doesn't mind paying interest to get it.
Link Posted: 12/25/2015 9:24:19 PM EDT
[#11]
Have him send you Paypal or use one of those checks that the credit card company sends.
Link Posted: 12/25/2015 10:19:47 PM EDT
[#12]
Former long-term FFL here.
1. Cash is king. If he has credit; he can get a cash advance or somehow pay for the deal.
2. He could buy a gun locally to gift to someone. He can truthfully state that he is the actual buyer. But then it would have to go FFL to FFL to legally cross state lines. Way too complicated and much more expense.
3. Get cash. Keep it simple.

A "straw buyer" is when someone buys a gun for someone that is unqualified to buy it themselves. In this case; the receiving FFL would be doing a 4473 and either a state or NICS check on the recipient.
Link Posted: 12/25/2015 10:42:15 PM EDT
[#13]
Walk away swiftly!
Link Posted: 12/25/2015 11:12:20 PM EDT
[#14]
PayPal gift or run the other way.

itsatrap.gif
Link Posted: 12/25/2015 11:19:30 PM EDT
[#15]
What is the big deal? He is simply paying the money for the gun. The firearm would need to be shipped to your FFL and transferred to you LEGALLY. He would not need to fill out a 4473 as he is not actually buying the gun. Maybe he has a FFL buddy that will sell him stuff at cost? Sometimes you guys think too hard.
Link Posted: 12/25/2015 11:22:41 PM EDT
[#16]
This is not that uncommon.
1) Pay FFL for firearm and transfer fee.
2) Have FFL ship to FFL in appropriate state
3) Recipient fills out background check
4) If it clears FFL transfers firearm

Link Posted: 12/25/2015 11:28:46 PM EDT
[#17]

Discussion ForumsJump to Quoted PostQuote History
Quoted:


This is not that uncommon.

1) Pay FFL for firearm and transfer fee.

2) Have FFL ship to FFL in appropriate state

3) Recipient fills out background check

4) If it clears FFL transfers firearm



View Quote
And not at all illegal.



 
Link Posted: 12/25/2015 11:30:09 PM EDT
[#18]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Not legal. Don't do it.

There is a supreme court case about this
View Quote


This
Link Posted: 12/25/2015 11:32:12 PM EDT
[#19]
definitely a straw purchase. He is buying it for the sole purpose to give/transfer to you.
Link Posted: 12/25/2015 11:33:26 PM EDT
[#20]
Sounds like a variation of the fake check deposit scam but upgraded to include several violations of federal firearms laws. So goodbye to that retard, after you report him to authorities for trying to run an illegal scam.
Link Posted: 12/26/2015 1:56:40 AM EDT
[#21]

Discussion ForumsJump to Quoted PostQuote History
Quoted:
This
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Quoted:



Quoted:

Not legal. Don't do it.



There is a supreme court case about this




This
Please explain what exactly is illegal?



 
Link Posted: 12/26/2015 2:21:02 AM EDT
[#22]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Sounds like a variation of the fake check deposit scam but upgraded to include several violations of federal firearms laws. So goodbye to that retard, after you report him to authorities for trying to run an illegal scam.
View Quote


California, no explanation needed
Link Posted: 12/26/2015 2:36:38 AM EDT
[#23]
Quoted:
A guy is trying to work a trade deal with me, but is a little hard on cash right now. One idea was that he could potentially purchase a firearm for me at a local shop. But, he's in another state.  Now, it would be for me, no selling off or anything like that. But in my mind, this still sounds like a straw man sort of thing.

Can someone confirm or deny the legality of this?
View Quote

I am not a lawyer, but purchasing a gun with the intent to transfer to someone else is iffy, especially across state lines.  I wouldn't do it without a signed letter from the ATF and then I would probably reconsider.


ETA, he would be lying on question 11a.  (image from E1derful, rehosted here to keep the traffic off his photobucket account.)


Link Posted: 12/26/2015 2:41:38 AM EDT
[#24]
As long as he sends it to an FFL in your state it's perfectly legal.  If he intends to give it directly to you it's illegal.
Link Posted: 12/26/2015 2:47:57 AM EDT
[#25]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Not legal. Don't do it.

There is a supreme court case about this
View Quote

http://www.scotusblog.com/case-files/cases/abramski-v-united-states/
http://www.scotusblog.com/case-files/cases/abramski-v-united-states/
Link Posted: 12/26/2015 11:12:24 AM EDT
[#26]

Discussion ForumsJump to Quoted PostQuote History
Quoted:





http://www.scotusblog.com/case-files/cases/abramski-v-united-states/

http://www.scotusblog.com/case-files/cases/abramski-v-united-states/
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Discussion ForumsJump to Quoted PostQuote History
Quoted:



Quoted:

Not legal. Don't do it.



There is a supreme court case about this


http://www.scotusblog.com/case-files/cases/abramski-v-united-states/

http://www.scotusblog.com/case-files/cases/abramski-v-united-states/
That is straw man purchase. If this gets shipped to a FFL there is no issue.



 
Link Posted: 12/26/2015 11:17:36 AM EDT
[#27]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
definitely a straw purchase. He is buying it for the sole purpose to give/transfer to you.
View Quote


Bullshit, not a straw purchase as long as the final recipient fills out a 4473...end of story.
Link Posted: 12/26/2015 11:18:56 AM EDT
[#28]
Pose your question directly to the ATF in the form of a letter
Link Posted: 12/26/2015 11:21:04 AM EDT
[#29]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
He's hard up for money but is going to poetenially purchase a firearm....????  What am I missing......
View Quote

I have a line of credit at several places that I could use to buy merchandise to substitute for cash in a trade. It's not that crazy.

Hell, I used my Amazon store card to have an item shipped to a guy's house for a trade once.
Link Posted: 12/26/2015 11:21:20 AM EDT
[#30]
Discussion ForumsJump to Quoted PostQuote History
Quoted:  I don't believe an FFL is going to accept payment from one person but transfer the firearm to another person. It would be viewed as a straw purchase.

Also, you would be lying on question 11(a) as you are NOT the actual buyer of the firearm if I understand the original post correctly.
View Quote


We do it all the time.  OP fills out the 4473, debtor pays for the gun.  Most of the time, it's the husband paying, but we've had a lot of wives buying their husbands deer rifles lately.
Link Posted: 12/26/2015 11:21:42 AM EDT
[#31]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
How could he purchase it if he is low on cash???? He could buy gift cards and give them to you or buy you a gun wherever he resides and send it to your local dealer.
View Quote

Or, and this is crazy, he could use a credit card to purchase the gun.
Link Posted: 12/26/2015 11:24:04 AM EDT
[#32]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
definitely a straw purchase. He is buying it for the sole purpose to give/transfer to you.
View Quote

Read a book for Christ's sake.
Link Posted: 12/26/2015 11:25:58 AM EDT
[#33]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


We do it all the time.  OP fills out the 4473, debtor pays for the gun.  Most of the time, it's the husband paying, but we've had a lot of wives buying their husbands deer rifles lately.
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:  I don't believe an FFL is going to accept payment from one person but transfer the firearm to another person. It would be viewed as a straw purchase.

Also, you would be lying on question 11(a) as you are NOT the actual buyer of the firearm if I understand the original post correctly.


We do it all the time.  OP fills out the 4473, debtor pays for the gun.  Most of the time, it's the husband paying, but we've had a lot of wives buying their husbands deer rifles lately.


So how can the OP check yes when it asks if he was the buyer if someone else is paying?
Link Posted: 12/26/2015 11:27:56 AM EDT
[#34]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
That is straw man purchase. If this gets shipped to a FFL there is no issue.
 
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Not legal. Don't do it.

There is a supreme court case about this

http://www.scotusblog.com/case-files/cases/abramski-v-united-states/
http://www.scotusblog.com/case-files/cases/abramski-v-united-states/
That is straw man purchase. If this gets shipped to a FFL there is no issue.
 


Wrong.

Read the decision.

Abramki purchased a Glock Blue Label gun from an FFL with the transfer to Abramski done usng a 4473.

Abramski then went to Pennsylvania where, with a relative, he went to a Pennsylvania-based FFL, turned the gun over to that FFL for purposes of transferring fhe gun to his relative, who completed the 4473 and passed butthe NICS check.

The core finding was that a Abramski purchased the firearm with expectation of renumeration, that is, receiving money from his relative in exchange for the gun (which Abramski purchase at a discount via the Blue Label program).

The court held that this is a straw purchase irrespective of whether the participants were legal purchasers of firearms or the sale occurred through an FFL.

If you buy a gun for someone expecting they to pay you for it, it is a straw purchase.

In the case presented by the OP, this would be a straw purchase irrespective of whether it was purchased via an FFL by both the OP and his perspective deal partner, because the other party is buying with an expectation of renumeration via the deal for another gun.

Runaway, runaway, runaway is the advice of this 01 Dealer in Firearms Other Than Destructive Devices.
Link Posted: 12/26/2015 11:31:31 AM EDT
[#35]
This is done with raffles and such.  We, (the organization doing the raffle) go to the LGS and purchases the gun w/ no transfer.  Item is marked and remains in the LGS safe until the raffle winner is ID'd.  Then raffle winner goes with winning ticket to LGS and fills out the 4473.  Once approved, gun is transferred to winner.  Perfectly legal.





I do not see the problem with purchasing and having it shipped FFL to FFL for the transferee to fill out the 4473.



Edited for grammar




 
Link Posted: 12/26/2015 1:02:04 PM EDT
[#36]

Discussion ForumsJump to Quoted PostQuote History
Quoted:
Wrong.



Read the decision.



Abramki purchased a Glock Blue Label gun from an FFL with the transfer to Abramski done usng a 4473.



Abramski then went to Pennsylvania where, with a relative, he went to a Pennsylvania-based FFL, turned the gun over to that FFL for purposes of transferring fhe gun to his relative, who completed the 4473 and passed butthe NICS check.



The core finding was that a Abramski purchased the firearm with expectation of renumeration, that is, receiving money from his relative in exchange for the gun (which Abramski purchase at a discount via the Blue Label program).



The court held that this is a straw purchase irrespective of whether the participants were legal purchasers of firearms or the sale occurred through an FFL.



If you buy a gun for someone expecting they to pay you for it, it is a straw purchase.



In the case presented by the OP, this would be a straw purchase irrespective of whether it was purchased via an FFL by both the OP and his perspective deal partner, because the other party is buying with an expectation of renumeration via the deal for another gun.



Runaway, runaway, runaway is the advice of this 01 Dealer in Firearms Other Than Destructive Devices.
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Quoted:



Quoted:


Quoted:


Quoted:

Not legal. Don't do it.



There is a supreme court case about this


http://www.scotusblog.com/case-files/cases/abramski-v-united-states/

http://www.scotusblog.com/case-files/cases/abramski-v-united-states/
That is straw man purchase. If this gets shipped to a FFL there is no issue.

 




Wrong.



Read the decision.



Abramki purchased a Glock Blue Label gun from an FFL with the transfer to Abramski done usng a 4473.



Abramski then went to Pennsylvania where, with a relative, he went to a Pennsylvania-based FFL, turned the gun over to that FFL for purposes of transferring fhe gun to his relative, who completed the 4473 and passed butthe NICS check.



The core finding was that a Abramski purchased the firearm with expectation of renumeration, that is, receiving money from his relative in exchange for the gun (which Abramski purchase at a discount via the Blue Label program).



The court held that this is a straw purchase irrespective of whether the participants were legal purchasers of firearms or the sale occurred through an FFL.



If you buy a gun for someone expecting they to pay you for it, it is a straw purchase.



In the case presented by the OP, this would be a straw purchase irrespective of whether it was purchased via an FFL by both the OP and his perspective deal partner, because the other party is buying with an expectation of renumeration via the deal for another gun.



Runaway, runaway, runaway is the advice of this 01 Dealer in Firearms Other Than Destructive Devices.
So the guy trading the gun does not fill out a 4473. Simply pays for it and has it drop shipped from the distributor to the OP's ffl. He is therefore not buying the gun for himself is he? And if not, no strawman.



 
Link Posted: 12/26/2015 2:01:38 PM EDT
[#37]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Bullshit, not a straw purchase as long as the final recipient fills out a 4473...end of story.
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Quoted:
Quoted:
definitely a straw purchase. He is buying it for the sole purpose to give/transfer to you.


Bullshit, not a straw purchase as long as the final recipient fills out a 4473...end of story.

There was no mention of a second FFL in the OP.
Link Posted: 12/26/2015 2:18:00 PM EDT
[#38]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

There was no mention of a second FFL in the OP.
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
definitely a straw purchase. He is buying it for the sole purpose to give/transfer to you.


Bullshit, not a straw purchase as long as the final recipient fills out a 4473...end of story.

There was no mention of a second FFL in the OP.


One idea was that he could potentially purchase a firearm for me at a local shop


The local shop is a FFL.  The local shop will submit the 4473 for OP.   The "other" guy paying for the gun
wouldn't even need to fill out a 4473.  The 4473 is paper work for a "transfer" of the firearm.  The firearm
never transferred between the two parties, it transferred from the local gun shop (FFL) to the OP.  


Link Posted: 12/26/2015 3:32:21 PM EDT
[#39]
Discussion ForumsJump to Quoted PostQuote History
Quoted:




The local shop is a FFL.  The local shop will submit the 4473 for OP.   The "other" guy paying for the gun
wouldn't even need to fill out a 4473.  The 4473 is paper work for a "transfer" of the firearm.  The firearm
never transferred between the two parties, it transferred from the local gun shop (FFL) to the OP.  


View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Quoted:
definitely a straw purchase. He is buying it for the sole purpose to give/transfer to you.


Bullshit, not a straw purchase as long as the final recipient fills out a 4473...end of story.

There was no mention of a second FFL in the OP.


One idea was that he could potentially purchase a firearm for me at a local shop


The local shop is a FFL.  The local shop will submit the 4473 for OP.   The "other" guy paying for the gun
wouldn't even need to fill out a 4473.  The 4473 is paper work for a "transfer" of the firearm.  The firearm
never transferred between the two parties, it transferred from the local gun shop (FFL) to the OP.  



If the money comes from the other guy then the OP can't mark yes on the question that asks if he is the actual buyer.
Link Posted: 12/26/2015 3:49:28 PM EDT
[#40]
Credit cards give cash if you request it, make him do that and send you the money.
Link Posted: 12/26/2015 3:57:34 PM EDT
[#41]
he can send you money through the Venmo app, and fund it with his credit card - cost him 3%.  You can have it in your bank account tomorrow.
Link Posted: 12/26/2015 4:04:35 PM EDT
[#42]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

So the guy trading the gun does not fill out a 4473. Simply pays for it and has it drop shipped from the distributor to the OP's ffl. He is therefore not buying the gun for himself is he? And if not, no strawman.
 
View Quote


While that is a slightly different set of facts than Abramski, I think BATFE would still consider it a straw purchase because the guy buying the gun to trade is expecting remuneration in the form of the value  of that gun being applied to the value of the trade.

For that reason I still wouldn't do it; aftet Aramski the idea of illegal "straw purchase"  became, IMO, overly broad.

But Abramski thought what he did was legal until the barred door slammed shut.
Link Posted: 12/26/2015 4:07:32 PM EDT
[#43]
It's probably smarter to stick to folks who have money or stuff to trade. His request sounds shifty.
Link Posted: 12/26/2015 5:04:47 PM EDT
[#44]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


We do it all the time.  OP fills out the 4473, debtor pays for the gun.  Most of the time, it's the husband paying, but we've had a lot of wives buying their husbands deer rifles lately.
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:  I don't believe an FFL is going to accept payment from one person but transfer the firearm to another person. It would be viewed as a straw purchase.

Also, you would be lying on question 11(a) as you are NOT the actual buyer of the firearm if I understand the original post correctly.


We do it all the time.  OP fills out the 4473, debtor pays for the gun.  Most of the time, it's the husband paying, but we've had a lot of wives buying their husbands deer rifles lately.

I didn't get the impression, perhaps incorrectly, that he was going to the other state to fill out the forms, but the other state thing would preclude that anyway, and there was no second FFL mentioned either.
Link Posted: 12/26/2015 7:39:52 PM EDT
[#45]
Don't do it.  

Chances are more than fair that someone is trying to recruit you so an example can be made.


Short story time:

Twice I've received cash offers for guns I've listed on-line from someone saying they're in New York, but I could ship the gun to an address in the Cleveland, OH area.

ATF? FBI? Cleveland PD?, Ohio B,C,I&I ? ,  Bloomberg?     Anyone's guess is as good as mine.

HELL FxxxING NO!!!!
Link Posted: 12/27/2015 2:34:36 AM EDT
[#46]
Discussion ForumsJump to Quoted PostQuote History
Quoted:  If the money comes from the other guy then the OP can't mark yes on the question that asks if he is the actual buyer.
View Quote


OP is the actual transferee/buyer b/c he's the one ending up w/ the gun.  It doesn't matter who pays for it.  OP is ending up w/ the gun - he fills out the paperwork.  OP's buddy can pay for the gun.

Abramski hung himself b/c he cashed a check from his uncle for the purchase price of the gun before he ever even bought it, then transferred it to his uncle.  BATFE had a soup to nuts documentation that it was a straw purchase.  It doesn't establish any new case law.

Link Posted: 12/27/2015 3:14:59 AM EDT
[#47]
So on the same note (kinda) how does one buy a gun for a Christmas gift or whatever? Does it make the question on the 4473 that asks if you are the actuall transferee a lie?
Link Posted: 12/27/2015 3:19:40 AM EDT
[#48]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
So on the same note (kinda) how does one buy a gun for a Christmas gift or whatever? Does it make the question on the 4473 that asks if you are the actuall transferee a lie?
View Quote

No because you are the buyer. Perfecty fine to buy a gun as a gift. Taking money from someone else is a different situation.
Link Posted: 12/27/2015 3:42:03 AM EDT
[#49]
Could be completely legal.  However I would walk because it sounds like a PITA transaction.  ymmv

Link Posted: 12/27/2015 4:08:14 AM EDT
[#50]
ATF Link

Page 166


Questions have arisen concerning the
lawfulness of firearms purchases from
licensees by persons who use a "straw
purchaser" (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.

Above paragraph does not apply to OP

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. 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.

Above paragraph does not apply to OP since the buyer is not using OP's information to fill out the form

An example of an illegal straw purchase
is as follows: Mr. Smith asks Mr.
Jones to purchase a firearm for Mr.
Smith. Mr. Smith gives Mr. Jones the
money for the firearm. If Mr. Jones fills
out Form 4473, he violates the law by
falsely stating that he is the actual buyer
of the firearm. Mr. Smith also violates
the law because he has unlawfully aided
and abetted or caused the making of
false statements on the form.

Above paragraph does not apply, as OP did not ask the buyer to buy the gun for him using OP's money.

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.

This would apply to OP.  The other guy is gifting a firearm to the OP as a form of payment.  Buyer fills out 4473 when he buys it.  As it is shipped across state lines, OP then fills out 4473 on his end.  ATF is happy...both parties completed the necessary paperwork and background checks.  OP answers YES on 4473 - 11(a) since he is the actual transferee of the firearm.  
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