Here it is, if he does not hold an FFL, he may purchase a handgun for you as a present to you who is older than 18 but under 21. However if you pay for the purchase it will be a STRAW PURCHASE per BATFE. Regardless of the state you live in as this is federal law.
Straw Purchase?
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Bazooka Joe71
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Not that it even matters...But if your dad pays for the firearm with his own money and then he decides he doesn't want it
he can sell it to you
he can sell it to youNo it most certainly does matter.
Let me repeat:
Look folks it's about intent, NOT whether the person is prohibited under federal law, familial relationships, or sequence of events.
If a person buys a gun with the intent to obtain the gun for someone other than themselves (even if the person is not prohibited under federal law), and it's not actually a gift, then it is in fact a straw purchase. It matters not if they are father and son, and matters not if the son gives the money to dad before or after the purchase at the FFL. If dad buys the gun with the intent to get it for the son, but it's not a gift, then it is a straw purchase.
Likelihood of getting caught? Probably low, but who knows for sure. Likelihood of being prosecuted if caught? Depends on the AUSA in your district. Consequences if you are caught, prosecuted, and convicted? Felony conviction, federal probation or even jail time, and both you and dear old dad become prohibited persons under 18USC922(g)(1), and neither of you will be able to legally possess any firearms again.
That being said, I am not a lawyer, and if you want the real deal consult with an attorney who is familiar with federal and applicable state and local firearm laws.
Let me repeat:
Look folks it's about intent, NOT whether the person is prohibited under federal law, familial relationships, or sequence of events.
If a person buys a gun with the intent to obtain the gun for someone other than themselves (even if the person is not prohibited under federal law), and it's not actually a gift, then it is in fact a straw purchase. It matters not if they are father and son, and matters not if the son gives the money to dad before or after the purchase at the FFL. If dad buys the gun with the intent to get it for the son, but it's not a gift, then it is a straw purchase.
Likelihood of getting caught? Probably low, but who knows for sure. Likelihood of being prosecuted if caught? Depends on the AUSA in your district. Consequences if you are caught, prosecuted, and convicted? Felony conviction, federal probation or even jail time, and both you and dear old dad become prohibited persons under 18USC922(g)(1), and neither of you will be able to legally possess any firearms again.
That being said, I am not a lawyer, and if you want the real deal consult with an attorney who is familiar with federal and applicable state and local firearm laws.
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