Dang Buzz ya beat me to it !
Dang Buzz ya beat me to it !
OK, read it. Here's an interesting bit:
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It seems like the crux of the issue is what defines the "purchaser". I suppose if you are legitimately buying it as a gift with your own money it is OK.
Here is an Excerpt from The Federal Firearms Regulations Reference Guide that is generally issued to a FFL
Page 165
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 exe- cute the Form 4473 purporting to show that the straw purchaser is the actual purchaser of the firearm. In some in- stances, a straw purchaser is used be- cause 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 cate- gories of persons who may not lawfully acquire firearms or is a resident of a State other than that in which the licen- see's business premises is located. Because of his or her disability, the per- son uses a straw purchaser who is not prohibited from purchasing a firearm from the licensee. In other instances,
neither the straw purchaser nor the ac- tual purchaser is prohibited from acquir- ing the firearm.
In both instances, the straw pur- chaser 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 pur- chaser to acquire a firearm has unlaw- fully 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 re- ceiving or possessing firearms, and could have lawfully purchased firearms from the licensee.
An example of an illegal straw pur- chase 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.
Where a person purchases a firearm with the intent of making a gift of the firearm to another person, the person making the purchase is indeed the true purchaser. There is no straw purchaser in these instances. In the above exam- ple, if Mr. Jones had bought a firearm with his own money to give to Mr. Smith as a birthday present, Mr. Jones could lawfully have completed Form 4473. The use of gift certificates would also not fall within the category of straw pur- chases. The person redeeming the gift certificate would be the actual purchaser of the firearm and would be properly reflected as such in the dealer's records.
ETA***Take note that in the red section the two parties are not obviously related
Page 165
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 exe- cute the Form 4473 purporting to show that the straw purchaser is the actual purchaser of the firearm. In some in- stances, a straw purchaser is used be- cause 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 cate- gories of persons who may not lawfully acquire firearms or is a resident of a State other than that in which the licen- see's business premises is located. Because of his or her disability, the per- son uses a straw purchaser who is not prohibited from purchasing a firearm from the licensee. In other instances,
neither the straw purchaser nor the ac- tual purchaser is prohibited from acquir- ing the firearm.
In both instances, the straw pur- chaser 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 pur- chaser to acquire a firearm has unlaw- fully 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 re- ceiving or possessing firearms, and could have lawfully purchased firearms from the licensee.
An example of an illegal straw pur- chase 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.
Where a person purchases a firearm with the intent of making a gift of the firearm to another person, the person making the purchase is indeed the true purchaser. There is no straw purchaser in these instances. In the above exam- ple, if Mr. Jones had bought a firearm with his own money to give to Mr. Smith as a birthday present, Mr. Jones could lawfully have completed Form 4473. The use of gift certificates would also not fall within the category of straw pur- chases. The person redeeming the gift certificate would be the actual purchaser of the firearm and would be properly reflected as such in the dealer's records.
ETA***Take note that in the red section the two parties are not obviously related
Cool, that cleared it up perfectly. Thanks for the info.
See, that's why you shouldn't listen to me.
Just remember, That is just the federal side of it. States can tweak however they like. Also, a FFL can decide ( and properly so ) to turn away any business he does not feel is kosher. There are too many laws to know all of them off the top of your head.
I wouldn't feel bad about this one. There is SOOOO much misinformation out there on it. As an FFL it seems like you gotta use your gut to tell you what to do some times. It's never a bad scenereo to tell a customer sorry and live to deal another day
Since they make and sell youth guns and crickets specifically designed for children, I always assumed gifts had to be legal, as a 12 year old cannot purchase his own youth shotgun or what have you.
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