NICS / Transfer query

[RPRNY]

I just moved two days ago to another State to start a new job and I am in temporary housing waiting to find new house, sell old house etc for the family to move. I really want to buy a rifle (time sensitive) but can't have it sent to the new state because administratively I am not yet a resident. Conversely, I remain a resident of my old state for the moment.

Can I buy the rifle, have it shipped to my old state and have my wife do the NICS/4473 with my FFL. It can be her rifle for all I care. But will this fly federally or would it put my FFL in a bind?

Recap: I pay. It ships to my NY FFL. My wife who is resident there picks it up and completes 4473. It stays with her in NY until we move. Does this work or would it be deemed a straw purchase?

 

[Jorg Nysgerrig]

Question 11a would indicate no it would not work. She's not the actual buyer.

 

[Sam1911]

According to the BATFE, if you are in your new state with the intent of making a home there, you ARE a resident of that state for the purposes of buying firearms.

Now, you're going to have to convince a local FFL of that. I'd go talk to one or some and explain your situation. They'll probably want to see some corroborating paperwork, but they'll let you know which.

Having said that, if your wife wants to purchase that rifle there's no reason she can't go down to the local FFL and do so. She just can't purchase it on your behalf. She could buy it as a gift for you, though. (Of course, she can't GIVE it to you until/unless you are residents of the same state, but that will be the case eventually.)

Have her be very clear with the dealer that she's buying a rifle for you as a gift (or just have her say nothing about you at all) and she'll be fine. Perfectly legal.

 

[RPRNY]

My FFL in NY is, if not a friend, then at least someone I wouldn't want to put in a bind. I will find an FFL here or pass on the rifle.

Thanks for your advice.

 

[Sam1911]

No reason your wife can't buy it as a gift for you. But if you're going to do all the arranging and paying then it may look squirrely enough to cause someone to want to pause.

Gun deals come and go. You'll be all moved in shortly and won't have to worry about it.

Congrats on leaving NY, by the way!

 

[Frank Ettin]

The OP's question has been answered.