...A gift is not bona fide if another person offered or gave the person completing this form money, service(s), or item(s) of value to acquire the firearm for him/her, or if the other person is prohibited by law from receiving or possessing the firearm. EXAMPLE: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith (who may not be prohibited).
Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT THE ACTUAL TRANSFEREE/BUYER of the firearm and must answer “no” to question 21.a. The licensee may not transfer the firearm to Mr. Jones.
However, if Mr. Jones buys the firearm with his own money to give to Mr. Smith as a gift (with no service or tangible thing of value provided by Mr. Smith), Mr. Jones is the actual transferee/buyer of the firearm and should answer “yes” to question 21.a.
Whether the actual buyer is prohibited or not is irrelevant as explained in Abramski v. United States, 573 U.S. 169 (2014). Thinking he could acquire a firearm at a discount by showing his former police identification, Abramski offered to buy a Glock 19 handgun for his uncle–an offer his uncle accepted. Abramski received a check from his uncle for $400 with “Glock 19 handgun” written on the memo line. Abramski purchased the firearm from an FFL two days later. The Supreme Court ruled that Abramski violated the GCA, section 922(a)(6), when he certified on Form 4473 that he was the “actual transferee/buyer” of the firearm listed on the form. At the time of the straw purchase, neither Abramski nor his uncle were prohibited from possessing firearms....
