Gun broker question

[CharlesT]

I created a Gunbroker account so I could buy rifles, magazines,grips, etc...

I am 19, in Ohio you have to be 21 to purchase a handgun. My dad and I are looking to buy a pistol off of Gunbroker. The issue is, is that I have an account with our address already so I can't create a second one in his name because there can't be two accounts with one address.

If I purchase the pistol on Gunbroker and he pays for it will that be legal? I mean, it will be me "agreeing to purchase it" but him paying for it.

Or can I bid on it, pay for it and then he picks it up from the FFL dealer?

Arg:banghead:

 

[retDAC]

As long as he signs for it at your local FFL, everything should be kosher. It will be legally his until you are 21. The Federal law actually is to prevent "strawman" purchases wherein people with clean records purchase for those who have serious criminal/mental records. The law does not prevent legitimate: gifts, sales, trades, or other transfers.
I don't know if Ohio has any other req't regarding gifts.

 

[elcaminoariba]

I just looked at my gunbroker account, and you should just change the personal info on the gunbroker account to your dad's info so the dealer won't get unnecessarily confused when a different person comes into the store to pick it up than the person who won the auction. It wouldn't be illegal even IF a different person came into the store to buy the gun you won on an auction, but since you cannot have a handgun transferred to you via a dealer, you need to make things simple and easy by just changing the info on the gunbroker account.

 

[CharlesT]

That is a very easy solution that I did not see earlier. Thanks!!

 

[Frank Ettin]

...The Federal law actually is to prevent "strawman" purchases wherein people with clean records purchase for those who have serious criminal/mental records....

That is not correct.

The offense is violation of 18 USC 922(a)(6), making a false statement on the 4473 (specifically about who is the actual buyer), and has nothing to do with the ultimate recipient being a prohibited person.

See the ATF publication Federal Firearms Regulation Reference Guide, 2005, at page 165 (emphasis added):

15. STRAW PURCHASES

Questions have arisen concerning the lawfulness of firearms purchases from licensees by persons who use a "straw purchaser" (another person) to acquire the firearms. Specifically, the actual buyer uses the straw purchaser to execute the Form 4473 purporting to show that the straw purchaser is the actual purchaser of the firearm. In some instances, a straw purchaser is used because the actual purchaser is prohibited from acquiring the firearm. That is to say, the actual purchaser is a felon or is within one of the other prohibited categories of persons who may not lawfully acquire firearms or is a resident of a State other than that in which the licensee's business premises is located. Because of his or her disability, the person uses a straw purchaser who is not prohibited from purchasing a firearm from the licensee. In other instances, neither the straw purchaser nor the actual purchaser is prohibited from acquiring the firearm.

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...

...The law does not prevent legitimate: gifts...

Correct as to gifts (Federal Firearms Regulation Reference Guide, 2005, at page 165):

...Where a person purchases a firearm with the intent of making a gift of the firearm to another person, the person making the purchase is indeed the true purchaser....

 

[bikemutt]

We have done this before on gunbroker.com. My wife agreed to buy me a shotgun for my birthday. I found what I wanted on gunbroker.com, bid on it and won the auction. Had it shipped to my FFL. Since she was buying the gun with her money as a future gift to me, she filled out the 4473 as the buyer of the gun.

The only sad part is she put it in the closet and made me wait until my birthday, amazing I still love that woman

 

[mp510]

I am 19, in Ohio you have to be 21 to purchase a handgun. My dad and I are looking to buy a pistol off of Gunbroker. The issue is, is that I have an account with our address already so I can't create a second one in his name because there can't be two accounts with one address

Multiple accounts at one address aren't a problem- as long as they don't all belong to the same person. Just don't bid on eachothers listings.