Straw purchase again.

[thefish]

Sorry, I tried to search.

I have a question.

Let's say I ordered a firearm to be delivered to my ffl. It is for my wife as a surprise gift. I paid with it using my credit card and on line firearm account.

Can she pick it up from the ffl and fill out the 4473?

or do I have to fill out the 4473, then gift it to her and have her fill out another 4473? And if so, can it be at the same time?

Neither of us are restricted from buying firearms.

Based on my understanding, two transfers will be required.

Thanks in advance.

 

[deadin]

Why would she need to fill out a second 4473? Does Colorado have some kind of law that requires it? If so it's even worse than the new Washington one. At least here immediate family is exempt from the "transfer" rules.

 

[JohnKSa]

This answer is based on federal law. If your state has additional restrictions then they apply. But as far as federal law goes, here's the answer.

If it is truly a gift (you are GIVING it to her, not buying it with her money or selling it to her, etc.) then you can fill out the 4473, legally answer the question on the form saying that you are the purchaser, take the gun home and GIVE it to her.

If you are buying it with her money or if she asked you to buy it for her and then sell it to her then you can not legally answer the question saying that you are the purchaser. She will have to fill out the 4473 to be legal.

 

[thefish]

Buying it with my money, giving it to her with no reimbursement.

However, CO does have a new law that all firearm sales must have a background check.

I am unclear on the gift aspect.

 

[Frank Ettin]

...CO does have a new law that all firearm sales must have a background check...

Actually, Colorado law (18-12-11 Colorado Revised Statutes) requires a background check through an FFL in the cases of almost all transfers of possession of a firearm.

The good news is the under paragraph (6)(b) of 18-12-11 the requirement for a background check does not apply to:

...(b) A transfer that is a bona fide gift or loan between immediate family members, which are limited to spouses, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles;...

 

[Davek1977]

Order the gun, fill out the form, and give the gift to her....no more complicated than that

 

[thefish]

Thanks guys. I called the ATF and they said she can pick it up and do the form. Similar as if it was won in a raffle.

Shield inbound for the wife.

 

[Frank Ettin]

OP has been answered.