friscolatchi
Member
Can buying a firearm for someone such as significant other, friend, relative, or child be construed as a straw purchase, under the assumption that the recipient of the gift is not a felon?
Straw purchase
- Thread starter friscolatchi
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If it is a gift, ie, you are paying for it and then giving it to the other person, without getting any payment, it is not a straw purchase.
Buying a firearm for someone else, where they give you money for it or pay you back, is a straw purchase, even if they can legally buy and posses a gun.
The crime involves lying on question 12a of the form 4473: "Are you the actual buyer..."
Buying a firearm for someone else, where they give you money for it or pay you back, is a straw purchase, even if they can legally buy and posses a gun.
The crime involves lying on question 12a of the form 4473: "Are you the actual buyer..."
If you buy a gun with the intent that someone (family or not) will in turn purchase it from you, it is a straw purchase. If you take money that someone (family or not) else gave to you and purchase a gun on their behalf it is a straw purchase.
If you buy a gun with the intent to GIVE that person a gun, it is a gift, which is legal (assuming that you have no reason to believe that the recipient of your gift is a prohibited person.)
If you buy a gun with the intent to GIVE that person a gun, it is a gift, which is legal (assuming that you have no reason to believe that the recipient of your gift is a prohibited person.)
friscolatchi
Member
Thanks, that helps a lot to clarify my ignorance. Happy New Year!
Carl N. Brown
Member
The intent of Congress was to stop persons buying guns for people who were barred from buying a gun ("prohibited person" felon, etc.) The law is that the purchaser of record must be an eligible person.
The question on the form is, are you the actual purchaser of the gun.
If you buy the gun with your money to give as a bona fide gift to a person who is not barred from owning a gun, you are the actual purchaser.
If you buy the gun on behalf of another person, that is a violation of the law whether the person is eligible or is a prohibited person.
One district court has ruled that it was not a violation of the intent of congress to buy a gun on behalf of a person who could legally buy the gun themselves, but I would not want to have to argue that point in a federal appeals courts. If it gets that far, you have lost a lot even if you win.
BTW, the ATF has ruled that the holder of a state-issued medical marijuana card is a prohibited person, so you cannot buy a gun as a gift for a medical marijuana user.
The question on the form is, are you the actual purchaser of the gun.
If you buy the gun with your money to give as a bona fide gift to a person who is not barred from owning a gun, you are the actual purchaser.
If you buy the gun on behalf of another person, that is a violation of the law whether the person is eligible or is a prohibited person.
One district court has ruled that it was not a violation of the intent of congress to buy a gun on behalf of a person who could legally buy the gun themselves, but I would not want to have to argue that point in a federal appeals courts. If it gets that far, you have lost a lot even if you win.
BTW, the ATF has ruled that the holder of a state-issued medical marijuana card is a prohibited person, so you cannot buy a gun as a gift for a medical marijuana user.
medalguy
Member
Spot-on. It's worth noting again that the ultimate recipient, in the case of a straw purchase, can be legally entitled to purchase a gun by themselves. They do NOT have to be a prohibited person. Many people think that if they buy a gun for their wife/husband/girlfriend/boyfriend/etc then the purchase is OK if that person could buy it themselves. Not so. Still illegal unless it is a true gift to the recipient.
deadin
Member
How about I buy a gun for my wife and use "our" money? (Like in "hey, while your at the store, pick me up a new purse gun"...) There is no "her" money or "my" money, we are in a community property State..
JohnBT
Member
Ten years ago or so my father and I were hanging out at the local gun store and he decided it would be fun to have a newly released S&W revolver in .17 HMR. He handed me one of his numerous check books and said, "You do the paperwork."
Before I could say the words straw purchase he said, "Your name is on the account too." Yep, on the checks too. (I asked if I could buy a gun too as long as I had the check book out.
No.)
He was 80 and the small print on the forms was a pain.
JT
Before I could say the words straw purchase he said, "Your name is on the account too." Yep, on the checks too. (I asked if I could buy a gun too as long as I had the check book out.
No.)He was 80 and the small print on the forms was a pain.
JT
Art Eatman
Moderator In Memoriam
OP's question answered.
deadin, for circumstances as you've described, you're legal.
deadin, for circumstances as you've described, you're legal.
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