straw purchase?

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I'm 18 years old and would like a S&W 586 chambered in .357 for my 19th birthday. although it is legal for me to OWN a handgun, I am not allowed to purchase one. i have ask my father to buy it for me as a gift. would this be considered a straw purchase? State is WV, i have no prior convictions.
 
You can give a firearm as a gift, should be OK.

But, if you give him the money for someone to "gift" the gun to you, that would be a straw purchase.
 
Parents purchasing for children should be legal and the firearm can be gifted to you. I don't know if WV has any specific laws preventing this.

A straw purchase would be if you are a convicted felon and purposely ask your parents to buy you a gun using their name.
 
A straw purchase would be if you are a convicted felon and purposely ask your parents to buy you a gun using their name.

Wrong.:banghead::banghead::banghead:

It is still a straw purchase even if he can legally own and possess the handgun!

Page 165 of the 2005 Federal Firearms Regulations Reference Guide:

Quote:
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 from the licensee.


Parents purchasing for children should be legal...

I agree and gulogulo1970 is correct. It shouldn't break a law if your parents gift you the gun, but if you compensate them with money or anything, it is a straw purchase. This kind of harmless mistake happens every single day in this country and I've never known or heard of someone getting caught when it is as "innocent" as this, but it is still illegal.
 
>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


it is legal for me to own this firearm, i am not a felon. if i were 16 it would be different.
 
It is a gift. It is not being purchased by your dad for you in lieu of the fact that you cannot purchase the item yourself. It is being purchased because you want the item and it is your birthday. Technically speaking, your primary motivation has to be wanting a cool birthday gift and not that you want something you cannot otherwise buy legally until you turn 21. So make sure you want the gun "extra much" for your birthday just so we're sure you're legal. :neener:
 
it is legal for me to own this firearm, i am not a felon. if i were 16 it would be different.

You would have to check your state law to know of any age limits.

yeti...
Right. Covered that. But if his dad is using his money, or he pays or otherwise compensates his dad, it is a straw purchase. I don't think the OP has specified that, and really has no reason to. His question has been answered here.
 
The situation you have described is a straw sale by the letter of the law. In MI where you need to get a purchase permit the father and the son can get their purchase permits together and then there will be a double transfer of the handgun and no one ever has cried straw sale when this happens even though technically it is.
 
As in my teenage son saves up for a new rifle, and I buy it? Is that illegal?

Yep. See how this law is senseless, stupid, and unneeded?
It happens every friggin' day in this country. Honest people make this harmless mistake all the time and it never(?) gets prosecuted(unless a crime is committed with the gun and everything is exposed in an investigation). It is in fact illegal, but the reasons behind why are illogical.:(

Do you realize that your dad can buy the gun and legally loan it to you, or anyone else, indefinitely?
As I understand it, borrowing a firearm isn't affected by state lines, ages, etc. BIMBW.
 
Page 3, paragraph 1 says, "You are also the actual buyer if you are acquiring the firearm as a legitimate gift for a third party."

This presupposes that the recipient of the gift is legally allowed to own the particular weapon.

A parent buying a handgun as a gift to a child (assuming the child is of legal age to own a handgun/not prohibited from owning a handgun) is allowable.
 
I can't believe no one else mentioned this. Maybe the rest of you are more fortunate than I am. That seems like a lot of present for a 19th birthday. High School/College graduation, 21st birthday maybe, but that seems like a very extravagant 19th birthday present.
 
"because it is irrilevent?"

Irrelevant to the topic, absolutely, but not to a logical progression of threads. You are right, though. I have no place to judge.
 
Depends what money he is saving.
Allowance? (kind of a joke, around this house)
then technically it is your money.

work money?
that would make it illegal.


:D:DUnder my Dad's rules, if you lived in his house, nothing was 'yours'. If he was on a roll, he would gladly tell us, if he throws us out of the house, we should consider ourselves lucky we could leave with the cloths on our backs. Mom was a softy, she would let us know we could take one suitcase of our 'stuff' with us, we just could not use one of their suitcases.:banghead: Of course they also said if we ever got arrested, we would rot in prison before they bailed us out. We never tested their resolve.

Except for 'control' purposes, it does seem absurd that it matters who the actual purchaser is, as long as it is legal for both parties to own and buy the gun.
 
More from the FFRRG. The example of a straw purchase...

An example of an illegal straw purchase
is as follows: Mr. Smith asks Mr.
Jones to purchase a firearm for Mr.
Smith. Mr. Smith gives Mr. Jones the
money for the firearm. If Mr. Jones fills
out Form 4473, he violates the law by
falsely stating that he is the actual buyer
of the firearm. Mr. Smith also violates
the law because he has unlawfully aided
and abetted or caused the making of
false statements on the form.

Note that there is no mention of whether or not Mr. Smith can legally own the firearm. That is irrelevant.

FYI
 
Note that there is no mention of whether or not Mr. Smith can legally own the firearm. That is irrelevant.

So if Mr. Smith is a convicted felon, you think you can "gift" him a firearm? It is indeed relevant.
 
I dont think its Illegal but getting ammo is gonna be a damn pain in the ass unless your dad buys all that for you too.
 
Quote:
Note that there is no mention of whether or not Mr. Smith can legally own the firearm. That is irrelevant.
So if Mr. Smith is a convicted felon, you think you can "gift" him a firearm? It is indeed relevant.

Boy, you got it backwards or something.

Straw purchases have noting to do with gifts.
Illegality of ownership/possession is irrelevant in straw purchases.

In your mixture of the two, separate issues, you're right, you can't gift to a person prohibited of ownership/possession.

Read page 165 of the FFRRG again.
 
What if your father buys it, and doesn't really like it and decides to sell it ? What if you offer him a dollar for it, and he accepts. good deal for you right ?
 
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