Give? Sell?


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dev_null
January 14, 2003, 04:13 PM
No hidden palitikal stuff here.

I have a friend who has wanted a particular model rifle, a C&R as it happens, and cannot afford it. My friend lives in another state, too far to drive.

Am I correct in thinking that I cannot buy one and give it to my friend, as falling afoul of the 'straw purchase' regs?

If so, what if I were to buy it and then sell it to my friend for, say, a dollar? Is that legal?

I have a C&R. Can I ship a long gun to my friend (who does not) directly, or would it have to go through a regular FFL?

TIA for your input...

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Greg L
January 14, 2003, 04:22 PM
If your friend is legally allowed to own a firearm then you may give it to him if you wish. You may also sell it to him for what ever you want. However make sure that you log it out of your books correctly.

As he is in another state you would have to ship the rifle to a FFL in his state to do the transfer. If your friend had a C&R then you could just ship it directly to him (FFL to FFL transfer).

That brings up a question. In the above shipping scenario would you log the rifle out of your book as going to the FFL that you shipped it to or the friend that is going to receive it?

As usual don't take what I say as legal advice... blah blah ... rules ... blah ... regulations .... blah ... :D

Greg

dev_null
January 14, 2003, 05:50 PM
Additional question:

Is there a set length of time the must pass between my purchase and me giving it to my friend, in order to avoid being viewed as a straw purchase?

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Preacherman
January 14, 2003, 10:56 PM
If you look on the Form 4473, in the Instructions on how to fill it in, you will find that you are perfectly legal if you buy a weapon as a gift for someone else, using your own money, and do the background check in your own name. This is NOT a "straw purchase" - that term only applies if you buy a gun as a "gift" for someone else using his/her money, rather than your own. So you can buy your friend this rifle without any worry about being illegal. Furthermore, if you travel to him, or he travels to you, you can give him the firearm face-to-face without violating Federal law (only handguns can't be transferred outside state-of-residence without going through an FFL: a long gun is OK).

Of course, the above only applies to Federal law: your and/or his State might have local laws that require registration of the weapon, or transfer through an FFL. You'll have to check these out for yourself.

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