Is buying a gun as a gift a "straw purchase"?

[Seedy]

A thread about someone buying a handgun as a gift got me thinking about the implications of buying a gun specifically to be given as a gift.

If you mention that the gun is being bought as a gift, is an FFL required to have the recipient fill out a 4473?

Obviously if you know the recipient is not legally able to own a firearm you are committing a crime. However what about when the person IS able to own a firearm? I remember something on the last 4473 I filled out stating something about me being the person the gun was for.

What possible legal implications does buying and giving a gun as a gift entail?

 

[Buzzgun]

Buying a gun as a gift to someone who can legally own it is not a straw purchase and the person buying the gun is the one who does the paperwork.

 

[okietool]

A thread about someone buying a handgun as a gift got me thinking about the implications of buying a gun specifically to be given as a gift.

If you mention that the gun is being bought as a gift, is an FFL required to have the recipient fill out a 4473?

Obviously if you know the recipient is not legally able to own a firearm you are committing a crime. However what about when the person IS able to own a firearm? I remember something on the last 4473 I filled out stating something about me being the person the gun was for.

What possible legal implications does buying and giving a gun as a gift entail?

Let's do a test case. You buy me a Wilson Combat as a gift.

 

[Boehlertaught]

Buying a gun as a gift to someone who can legally own it is not a straw purchase and the person buying the gun is the one who does the paperwork.

Correct!

 

[Seedy]

Buying a gun as a gift to someone who can legally own it is not a straw purchase and the person buying the gun is the one who does the paperwork.

How is this different than a straw purchase?

 

[ArGyLe64]

Are you "lying for the other guy"?

 

[Boehlertaught]

A straw purchase is you , a person that can legally purchase a firearm, buying a firearm and handing it to someone that can't pass the test.

 

[TwoForFlinching]

Your money, not his, should be ok.

 

[Shootin 4 Fun]

The way I understand it, is that you can legally buy a gun as a gift for a family member but not your next door neighbor.

 

[Seedy]

Are you "lying for the other guy"?

If you say that you are buying the gun for yourself when you intend to give it as a gift (even to a legal recipient), then you would be lying.

Technically, if you are buying the gun with the intent to give it to someone doesn't the recipient have to fill out a 4473? When I've been involved with charities giving guns to people, the recipient's spouse had to "do the paperwork"...however in that case the guns were going straight from the FFL to the recipient. The guns were paid for by OSA members and the FFL owner. Obviously none of you who participated filled out any paperwork! So in this case the "givers" didn't do the paperwork, the recipient did.