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Posted: 4/9/2002 8:36:53 AM EDT
So I live in Utah and am a resident here. My parents live in Wyoming, where Glocks are freaking avaliable. I am 21 years of age. To avoid a transfer fee would it be legal for them to "sign" for a glock and thengive it to me? I have never really understood the laws behind signing for someone else. Like when I was 14 and got my hunting rifle, the FFL guy new exactly what t was for because he fit the scope for me and everything. I need some input.
Link Posted: 4/9/2002 8:44:32 AM EDT
Not sure about the legalities of it, but that is done around here (KS/CO) all the time. People won't have the chance to get to a gunshow so other people will buy them guns and give them to them without paperwork. Fathers to sons, Neighbors to neighbors...I don't see why it would be a problem--of course I am not a bureaocrat or a attorny. I think that it is a common practise--just not an advertised one.
Link Posted: 4/9/2002 10:28:31 AM EDT
I know this is true for rifles, someone can buy a gun and give it to you with no problems. You cannot provide the money for the transfer. Not sure on handguns though. What is going to stop you is crossing state lines. I do not know the rules for gifts. I know you cannot do a private sale of any gun across state lines, period.
Link Posted: 4/9/2002 11:06:24 AM EDT
The problem here is state lines. There is NO LEGAL person-to-person transactions across state lines for handguns. All interstate handgun transactions need to be handled by dealers. You could have your parents "buy" the gun you want and then have it shipped to your local dealer where you would pick it up in the normal fashion, ie. with the NICS and whatever else Utah requires. The only other legal way would be to have your dealer order in whatever you want.
Link Posted: 4/9/2002 11:30:55 AM EDT
Why can't he go to Wyoming, and pick it up at his parent's house next time he visits. Wouldn't that be a legal private transfer?
Link Posted: 4/9/2002 11:36:27 AM EDT
An individual may purchase a firearm as a gift. Neither Utah nor Wyoming have a registration law that denies this ability to get a firearm as a gift for someone. If you were to travel to WY and your parents had gotten you this Glock, you could take possession of it in WY and then travel back with it. Your parents could travel with it on their next visit to you. Your parents could also ship it to you on a trip to visit you (basically shipping it to themselves while traveling). The only way they could ship it across state lines to you is to involve an FFL. Short answer: No one can "sign for you". That is a straw purchase and illegal. Someone can gift one to you (See Sarah Brady of HCI fame and her gift of a hunting rifle for her son), and that IS legal. The only way to take possession of a gift gun is to physically have it handed to you. Hope this helps...
Link Posted: 4/9/2002 11:48:57 AM EDT
Why isn't a Glock available in UT? TJ
Link Posted: 4/9/2002 12:47:00 PM EDT
It is okay to purchase a long arm from a dealer in another state. But, as I understand the laws, you cannot purchase a long arm from an individual in anther state. And one flat cannot purchase a handgun from a dealer or individual except in the state in which you reside. This I know for sure. I have worked for a FFL for the past several years. Enigma can send his parents the money to purchase what he wants then have them or that dealer send the pistol to a Utah dealer for him to pick up. If his parents send it then they need to do the NICS thing. If the dealer sends it then it's never in his parents possesion and no NICS is neccessary until enigma picks it up at his dealer. If the Wyo. dealer is cool about it, enigma could probably pay for the pistol himself next time he visits if he presents that dealer with a Utah FFL copy and ask the Wyo. dealer to send it there. But he could not under any circumstance take possesion of the pistol himself.
Link Posted: 4/11/2002 6:52:23 PM EDT
Can you say "Straw" purchase? Having someone purchase a gun for you that you could not have legally purchased is a straw purchase. Do not pass go, do not collect $200, go straight to jail.
Link Posted: 4/12/2002 6:49:04 AM EDT
It is illegal for an unlicensed individual to transfer ANY firearm to an unlicensed individual who is a resident of another state. The only exception I can think of is the transfer of a firearm that is a bequest from an estate.
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