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Gifting
- Thread starter cbrgator
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TexasRifleman
Moderator Emeritus
Well, first off, I'm not a lawyer. Second, the ATF has an FAQ on their website.
OK, disclaimers out of the way, here's my opinion. The 4473 asks if you are the "actual buyer". That is true if you intend to give the gun away and are not buying the gun to hide the identity of the person you will give it to.
If you buy it with your own money, expecting nothing in return, it's a gift and not a straw purchase as long as you are not knowingly doing this as a way to get a gun in the hands of a prohibited person.
If the person you are giving it to is a minor, you are probably making a straw purchase. Depending on their age and the laws of the state you are in a gift to someone who cannot legally possess a firearm on their own would be a straw purchase. If you have a child, the gun needs to belong to YOU, not them. You just let them shoot your gun til they are of age. That one seems to trip people up, be careful with that one.
If the person you are giving it to pays for it in any way, you are probably making a straw purchase.
That said, there have been recent threads with some interesting takes on all this.
What if I buy 200 rifles as "gifts" for the local Nazi party, or the local Klan folks. Is that still a gift? That one is up for debate. It might be technically legal, but you might fry anyway if they decide to "take the guns to town" and have a party.
Basically it's my take that if you are not giving the firearm to get around any legal restrictions you are good, but I would only do it for family members or very close friends because of the above, although outlandish, possibility of being linked to something sinister.
NSSF puts this on their dealer mailings:
OK, disclaimers out of the way, here's my opinion. The 4473 asks if you are the "actual buyer". That is true if you intend to give the gun away and are not buying the gun to hide the identity of the person you will give it to.
If you buy it with your own money, expecting nothing in return, it's a gift and not a straw purchase as long as you are not knowingly doing this as a way to get a gun in the hands of a prohibited person.
If the person you are giving it to is a minor, you are probably making a straw purchase. Depending on their age and the laws of the state you are in a gift to someone who cannot legally possess a firearm on their own would be a straw purchase. If you have a child, the gun needs to belong to YOU, not them. You just let them shoot your gun til they are of age. That one seems to trip people up, be careful with that one.
If the person you are giving it to pays for it in any way, you are probably making a straw purchase.
That said, there have been recent threads with some interesting takes on all this.
What if I buy 200 rifles as "gifts" for the local Nazi party, or the local Klan folks. Is that still a gift? That one is up for debate. It might be technically legal, but you might fry anyway if they decide to "take the guns to town" and have a party.
Basically it's my take that if you are not giving the firearm to get around any legal restrictions you are good, but I would only do it for family members or very close friends because of the above, although outlandish, possibility of being linked to something sinister.
NSSF puts this on their dealer mailings:
A straw purchase is when a buyer uses an intermediary (the "straw man") to purchase a firearm(s) from a licensed firearms dealer. The purpose is to hide the true identity of the actual purchaser of the firearm(s). Straw purchases are a felony violation of the Gun Control Act of 1968 for both the straw purchaser (who can be charged with lying on Federal Form 4473) and the actual possessor. Frequently, the actual purchaser is a prohibited person under federal law.
NavyLCDR
member
If the person you are giving it to is a minor, you are probably making a straw purchase.
Not true. The legality of the final recipient has no bearing on whether or not a straw purchase was made. Minor being person less than 18 years old, the gift would be "providing a firearm to an ineligible person", it would not be a straw purchase if no compensation traded hands for the gun.
Firearms transfer laws vary from state to state. Also gifts of firearms can only be made between in residents of the same state. In Florida, the gift would be as simple as you purchase the firearm however you choose to purchase it, you hand it to the recipient as a gift and say "Happy Birthday", "Merry Christmas", whatever and that's it.
If the person you are giving it to is a minor, you are probably making a straw purchase.
Why???
http://www.atf.gov/firearms/faq/faq2.htm#b14
(B14) May a parent or guardian purchase firearms or ammunition as a gift for a juvenile (less than 18 years of age)? [Back]
Yes. However, possession of handguns by juveniles (less than 18 years of age) is generally unlawful. Juveniles generally may only receive and possess handguns with the written permission of a parent or guardian for limited purposes, e.g., employment, ranching, farming, target practice or hunting.
[18 U.S.C. 922(x)]
TexasRifleman
Moderator Emeritus
Why???
Yes, you are probably right, it's not a "straw purchase", it's another crime. Same result, 3 hots and a cot.
The very thing you posted says it's "generally unlawful" concerning handguns, and state law may vary from the Federal regarding age.
Not true. The legality of the final recipient has no bearing on whether or not a straw purchase was made. Minor being person less than 18 years old, the gift would be "providing a firearm to an ineligible person", it would not be a straw purchase if no compensation traded hands for the gun.
The end result is that there still may be a crime committed, whether you want to play the word game of calling it a "straw purchase" or "illegally arming a minor" is irrelevant. It's still potentially a crime and should be discouraged very strongly.
The process of gifting a firearm can lead to a crime if one is not careful, whatever name you want to give the crime.
I probably misspoke giving it the name "straw purchase" but they both end the same way.
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The original poster didn't say anything about it being a handgun........
While it is true that a minor can't legally buy a firearm from a dealer, that does NOT mean it is illegal for him to possess a firearm.....if he can legally posses it, then it isn't against the law to give it to him......
State laws may vary......but, in my state.....
Oklahoma Law regarding possession by minors.......
While it is true that a minor can't legally buy a firearm from a dealer, that does NOT mean it is illegal for him to possess a firearm.....if he can legally posses it, then it isn't against the law to give it to him......
State laws may vary......but, in my state.....
Oklahoma Law regarding possession by minors.......
TITLE 21 § 1273. Allowing minors to possess firearms
ALLOWING MINORS TO POSSESS FIREARMS
A. It shall be unlawful for any person within this state to sell or give to any
child any of the arms or weapons designated in Section 1272 of this
title; provided, the provisions of this section shall not prohibit a parent
from giving his or her child a rifle or shotgun for participation in
hunting animals or fowl, hunter safety classes, target shooting, skeet,
trap or other recognized sporting events, except as provided in
subsection B of this section.
B. It shall be unlawful for any parent or guardian to intentionally,
knowingly, or recklessly permit his or her child to possess any of the
arms or weapons designated in Section 1272 of this title, including any
rifle or shotgun, if such parent is aware of a substantial risk that the
child will use the weapon to commit a criminal offense or if the child
has either been adjudicated a delinquent or has been convicted as an
adult for any criminal offense.
C. It shall be unlawful for any child to possess any of the arms or weapons
designated in Section 1272 of this title, except rifles or shotguns used
for participation in hunting animals or fowl, hunter safety classes,
target shooting, skeet, trap or other recognized sporting event.
Provided, the possession of rifles or shotguns authorized by this section
shall not authorize the possession of such weapons by any person who
is subject to the provisions of Section 1283 of this title. (delinquents and felons)
D. Any person violating the provisions of this section shall, upon
conviction, be punished as provided in Section 1276 of this title, and,
any child violating the provisions of this section shall be subject to
adjudication as a delinquent. In addition, any person violating the
provisions of this section shall be liable for civil damages for any injury
or death to any person and for any damage to property resulting from
any discharge of a firearm or use of any other weapon as provided in
Section 10 of Title 23 of the Oklahoma Statutes. Any person convicted
of violating the provisions of this section after having been issued a
concealed handgun license pursuant to the provisions of the Oklahoma
Self-Defense Act, may be liable for an administrative violation as
provided in Section 1276 of this title.
E. As used in this section, “child” means a person under eighteen (18)
years of age.
NavyLCDR
member
Sell it to him for $1 on a bill of sale and call it a day.
Again, WHY? Wrap up the box, put a pretty bow on it, attach a card that says Happy Birthday, Anniversary, whatever. A $1 sale with a bill of sale is no more or less legal than the gift, in Florida.
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