Forgive my ignorance. (straw related)


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EvilGenius
February 5, 2013, 06:28 PM
Is there a legal difference between buying a firearm as a gift and buying it secretly for someone else?

As in, are both considered "strawman" purchases or is it only one if I know that the person who'll receive it cannot legally own a firearm?

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bigfatdave
February 5, 2013, 06:41 PM
Buying a gun as a gift is NOT a "straw purchase". There is nothing wrong with buying a gun as a gift, for anyone you could legally transfer a weapon to in the first place.

Buying a gun secretly for someone else sounds like a gift, what's the difference?

Sam1911
February 5, 2013, 06:51 PM
The only time you get into a "straw purchase" is when you are agreeing to buy a firearm from a dealer in the place of the true purchaser. The usual way that's explained is to say, if they are fronting the money and you're just showing up to do the paperwork in your name, that's a straw purchase.

You can walk into a gun dealer's shop and say, "I'm buying this gun as a gift" (for husband, wife, son, dad, neighbor, best friend, worst enemy, the homeless guy down the street...whoever!) and that's perfectly legal. The ATF is very clear on that.

Actually, whether or not the recipient is a prohibited person has NOTHING to do with whether it is a straw purchase. It would make the transfer illegal, but not a straw purchase.

Sam1911
February 5, 2013, 06:53 PM
And, as it happens, we have a "STICKY" thread on this very subject for your convenience:

http://www.thehighroad.org/showthread.php?t=700331

NavyLCDR
February 5, 2013, 07:56 PM
You can walk into a gun dealer's shop and say, "I'm buying this gun as a gift" (for husband, wife, son, dad, neighbor, best friend, worst enemy, the homeless guy down the street...whoever!) and that's perfectly legal. The ATF is very clear on that.

I would not do that, though. Some FFL's are not aware that a gift is legal. It's none of their business what the purpose of the LEGAL purchase is.

Sam1911
February 5, 2013, 07:57 PM
Oh for sure! And any dealer can refuse a sale for any reason at all. So it might not be wise. However, it IS legal.

EvilGenius
February 5, 2013, 08:42 PM
The only time you get into a "straw purchase" is when you are agreeing to buy a firearm from a dealer in the place of the true purchaser. The usual way that's explained is to say, if they are fronting the money and you're just showing up to do the paperwork in your name, that's a straw purchase.

You can walk into a gun dealer's shop and say, "I'm buying this gun as a gift" (for husband, wife, son, dad, neighbor, best friend, worst enemy, the homeless guy down the street...whoever!) and that's perfectly legal. The ATF is very clear on that.

Actually, whether or not the recipient is a prohibited person has NOTHING to do with whether it is a straw purchase. It would make the transfer illegal, but not a straw purchase.

Ah, perfectly clear, thanks!

And, as it happens, we have a "STICKY" thread on this very subject for your convenience:

http://www.thehighroad.org/showthread.php?t=700331

Oops.

Thanks again though.

Sam1911
February 5, 2013, 08:53 PM
Oops.

Ha ha...no worries. We have a running joke that the best place to hide secrets is in a Sticky thread because that's the only place no one ever looks. :D

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