I did some reading and as long as you are using your own money than you are legally the buyer. If someone were to give you the money and tell you to buy the gun for them than you would not legally be the buyer.
I did some reading and as long as you are using your own money than you are legally the buyer. If someone were to give you the money and tell you to buy the gun for them than you would not legally be the buyer.So how is the law considering that? If I was to buy a firearm for someone, as a gift, are there any issues? I know on the 4473 there is a question about "I am the buyer of this firearm", and yes, I am the buyer, but not the end owner. I know the person I'm buying for is not a felon or mental case, but why would they put that on there other than to deter people from gifting firearms?
This is subject to your local/state laws. In Oregon you can give a person WHO CAN LEGALLY OWN A FIREARM a firearm. If you have reasonable knowledge that the person you are giving that firearm to can own it, it is fine.So how is the law considering that? If I was to buy a firearm for someone, as a gift, are there any issues? I know on the 4473 there is a question about "I am the buyer of this firearm", and yes, I am the buyer, but not the end owner. I know the person I'm buying for is not a felon or mental case, but why would they put that on there other than to deter people from gifting firearms?
If you go through the extra expense and trouble of tansferring the firearm through an FFL holder, with legal paperwork, it kinda shows that you, in fact, have some doubt. You are, in fact, putting the responsibility on the part of the FFL holder to do a background check.May not be a bad idea to do a transfer at an FFL after you gift. Yes it will cost you a few bucks, but it removes any doubt.
I think you misconstrued my comment. I'm sure he knows his friend's background and as a responsible gun owner would not do anything illegal. The doubt I was refering to would be from any authority that might question the gift. I realize some people do not approve of paper trails, but it is a consideration.If you go through the extra expense and trouble of tansferring the firearm through an FFL holder, with legal paperwork, it kinda shows that you, in fact, have some doubt. You are, in fact, putting the responsibility on the part of the FFL holder to do a background check.
No its not… Never seen it in the laws, maybe it is in your state, but its not a federal law, nor is is illegal in my state (AZ).Its actually illegal to buy a firearm and give it to someone else as a gift or otherwise, but its not enforceable. What proof is there that you own whatever gun is on your side or in your house? There's no legal registry for gun ownership, or shouldn't be.
My fiancee is the owner of all the Bersas in the house, but I call them mine. I carry one. I go to Louisiana with it on my side. Who's to say who the legal owner is or isn't?
Yes, it is. Read it for yourself:No its not… Never seen it in the laws, maybe it is in your state, but its not a federal law, nor is is illegal in my state (AZ).
It is illegal only on two counts,
A) if you know they are going to commit a crime with said firearm
B) if they cannot otherwise own a firearm (Prohibited Possessor)
Thats how I got my Glock, when I was 18, me and my mom went to Cabelas, she bought it, handed it to me, I wore it home. 100% legal.
All I read was a bunch of laws that govern what FFL license holders can and cant do, who needs a liscence, and this... (Which backs up what I was saying... )
If your statement is true, then I am relieved because all the many Bersas I own and the one I carry were purchased by my fiancee, because she has a Texas license and mine is Louisiana. Seriously, very relieved. Those guns really do mean a lot to me.None of this applies to gifting a firearm to someone who is not a prohibited possessor, or is not going to commit a crime.
You are talking about CCW licenses correct? The law you cited has nothing to do with CCW licenses.If your statement is true, then I am relieved because all the many Bersas I own and the one I carry were purchased by my fiancee, because she has a Texas license and mine is Louisiana. Seriously, very relieved. Those guns really do mean a lot to me.
The underlined points are critical. Never take some persons word on the internet without checking up on it yourself.Any shadow of doubt regarding gifting / straw purchase can be resolved
by reading the gun laws of your state ...period !
In Pennsylvania...I can buy and gift the firearm to someone in my immediate family only...if
I were to buy for a friend who then used said firearm in a crime, I would face legal ramifications.
I know this because I did the research !
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/03109.htm&Title=13&DocType=ARS13-3109. Sale or gift of firearm to minor; classification
A. Except as provided in subsection C of this section, a person who sells or gives to a minor, without written consent of the minor's parent or legal guardian, a firearm, ammunition or a toy pistol by which dangerous and explosive substances may be discharged is guilty of a class 6 felony.
B. Nothing in this section shall be construed to require reporting sales of firearms, nor shall registration of firearms or firearms sales be required.
C. The temporary transfer of firearms and ammunition by firearms safety instructors, hunter safety instructors, competition coaches or their assistants shall be allowed if the minor's parent or guardian has given consent for the minor to participate in activities such as firearms or hunting safety courses, firearms competition or training. With the consent of the minor's parent or guardian, the temporary transfer of firearms and ammunition by an adult accompanying minors engaged in hunting or formal or informal target shooting activities shall be allowed for those purposes.
No.............You are talking about CCW licenses correct?
What texas and louisiana licenses you talking about???No.............
If your statement is true, then I am relieved because all the many Bersas I own and the one I carry were purchased by my fiancee, because she has a Texas license and mine is Louisiana. Seriously, very relieved. Those guns really do mean a lot to me.
I see what happened. My apologies; I was misleading, unintentionally. My fiancee has a Texas Drivers License and I have both a Louisiana Drivers License and Concealed Handgun Permit.What texas and louisiana licenses you talking about???
Got it, laws are very confusing and are up for interpretation. The most important thing is not what they think, or what you think, but how the attorney general interprets it.I see what happened. My apologies; I was misleading, unintentionally. My fiancee has a Texas Drivers License and I have both a Louisiana Drivers License and Concealed Handgun Permit.
I'm going to PM you in a few and show you where I got that info. I actually argued YOUR point, that gifting a firearm is NOT illegal. Boy, did I make their blood boil. Give me a few minutes....
I can sell sell as many private sales as I want as long as it is a hobby and not my sole means of financial support. One ffl told me that the main difference between selling for a hobby and selling as a business is intent since an ffl dealer's intent is to make a profit but the unlicensed person's intent is to not lose too much money from selling it versus how much they paid when they first bought it.