Is this technically a straw purchase or a felony?

As you being 17 and therefor are ineligible to buy a firearm, having someone else fill out the paperwork with the intent of "bypassing" the law makes it a straw purchase. You might not get caught and the law might not be able to prove it, but it's still illegal.

And, by the way, a straw purchase is a felony.

Errr....no. There's a special provision for "gifts" in the straw purchase definition. You should be ok.

As long as your dad retains ownership until you are of age, and then gives it to you, it should be fine.

Only if your stepdad is the actual buyer would it be legal. You cannot buy it and pay for it yourself without incurring a straw purchase. There's a low risk that your gunbroker purchase can be traced to you but it's possible.

If it is a gift paid for with your dad's money, you are ok. He should be the one contacting the seller and making the arrangements. He can then give it to you after the seller sends it to him..

IMHO it is a straw purchase. It is your money that was used to pay for the MO. Then your step father is filling out the form. He is lying when he answers is he the actual purchaser of the firearm.

If your step father is paying for it with his money, transfering it and then giving it to you to use but still retaining ownership that is a different story.

IMHO what you are doing is illegal because you are spending your money to pay for the gun but transfering it via another individual.

This is before you even address the issue of ownership by a 17 year old.

The problem is not with your stepdad filling out the paperwork and holding the gun for you. The problem is that the OP's money is being used to buy it, so the stepdad is not the "actual purchaser" as stated in question #11.a. on the 4473.

The gun would be kept at my grandparents house locked in their safe, 40 miles away from me. Its purpose is for hunting.


IMO it doesn't make much difference if you keep it locked up 4000 miles away. The fact that your step dad is lying to the question if he is the actual purchaser of this firearm.

I am 17 with no criminal record or mental health issues

Okay but you can't legally buy a handgun from anyone in any state at 17. Why not wait a few months when you turn 18 (if your state law allows it). You waited 17 years what's a few more months.

just establishing that I wasn't some pathological killer

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Nope, just a garden-variety "Gewehr Guy"

just establishing that I wasn't some pathological killer

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Nope, just a garden-variety "Gewehr Guy"

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trying to work around the system lol.

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Just have him buy it and retain ownership until you are 18. You cannot own a gun period but depending on your state law you can posses a gun.

Whether you can use it without your parent present is based on state laws. some states allow you to hunt/target shoot without supervision as long as you are 14 and have a hunting license..

In response to your thread title,

It IS a straw purchase AND it IS a felony.

Page 165:
http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf

15. STRAW PURCHASES
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.

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What you would be doing is EXACTLY word for word what is described in that paragraph.

Is there some reason your step-dad cannot buy the gun, your step-dad sends his money to the seller, your step-dad then does the form 4473 and receives the gun? Why do YOU have to be the one to send the money and buy the rifle?

I fail to see the problem here...

-You must be 18 in order to purchase a rifle/shotgun.
-You can hunt (in VA) starting at age 12 (IIRC, or that may be when your first required to get a license)

That means you're borrowing a weapon from someone for 6 years. When I was a youth the internet didn't have Gunbroker or Buds (eBay had just come about). So when I wanted to buy a new rifle/shotgun, I saved my money, gave it to Dad, went to the LGS or Walmart, he gave the cash to the seller, he filled out the paperwork, then "gave" it to me when I got home.

I did the same thing when I bought my 1st car at 15. I couldn't title it in my name so Mom titled it in hers, and when I turned 16 I had a car to drive.

There is something about earning the money for an item and purchasing it that makes said item more valuable to the possessor.

BTW check your state laws you may be able to purchase rifles from individuals. I bought and sold a few before I turned 18.

The problem is that doing as you state (giving your money to someone else to purchase a gun for you) is a textbook example of a straw purchase.

Do I agree with the wording and intent of the law? No. Does it make sense? Not really. Do we still need to follow it? Absolutely.

Which means that yes, the situation that the OP (and yourself) have described is indeed a straw purchase and therefore a felony. Sad, but true.

Give your step dad the money, have him complete the trasaction including sending payment and filling out the 4473. Once its his he can then give it to you.

The way I see it, its no different than I taking my daughter to the gunshop, having her pick out the gun SHE wants and buying for her, its a gift.

Give your step dad the money, have him complete the trasaction including sending payment and filling out the 4473. Once its his he can then give it to you.

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One more time, THIS IS A STRAW PURCHASE.

It's really very simple. A gift must be bought and paid for with the actual buyer's own money and given to the recipient. There cannot be any exchange of money from the final recipient to the purchaser beforehand. It matters not how you or I see it - it's got everything to do with the law itself.

THIS IS A STRAW PURCHASE

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Answered. Period.