Here's one for you,

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mljdeckard

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In a part of Utah that resembles Tattooine.
I tried to buy an AR-10 stripped lower before I left the country, and I couldn't find one locally. I'm looking around now, and I'm still having a hard time finding one that might be delivered in the same timeframe I would be around to do the FFL transfer.

IF my wife has a general POA for me, can SHE complete the FFL transfer in my name?
 
IF my wife has a general POA for me, can SHE complete the FFL transfer in my name?

Yes she could. The first answer on the 4473, though, is "Are you the actual purchaser of this firearm?" To which she would have to answer no, because she is only an agent of the purchaser of the firearm. Then the 4473 and sale would get rejected. In addition, the FFL must inspect the ID documents presented by the purchaser, and the ID documents would clearly indicate that it wasn't you who was there completing the transfer.

Why can't she just buy the dang thing and give it to you as a gift?
 
mljdeckard said:
Because the actual intended owner would be someone other than herself?

So what?

Page 165 of the Federal Firearms Regulations Reference Guide published 2005 by the ATF:

http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf

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 example,
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 purchases.
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.

From the form 4473 itself (in the directions for completing the form):

Question 11.a. Actual Transferee/Buyer: For purposes of this form, you are
the actual transferee/buyer if you are purchasing the firearm for yourself or
otherwise acquiring the firearm for yourself (e.g., redeeming the firearm from
pawn/retrieving it from consignment, firearm raffle winner). You are also the
actual transferee/buyer if you are legitimately purchasing the firearm as a gift
for a third party.
ACTUAL TRANSFEREE/BUYER EXAMPLES: Mr.
Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr.
Jones the money for the firearm. Mr. Jones is NOT THE ACTUAL TRANSFEREE/
BUYER of the firearm and must answer "NO" to question 11.a. The
licensee may not transfer the firearm to Mr. Jones. However, if Mr. Brown
goes to buy a firearm with his own money to give to Mr. Black as a present,
Mr. Brown is the actual transferee/buyer of the firearm and should answer
"YES" to question 11.a. However, you may not transfer a firearm to any
person you know or have reasonable cause to believe is prohibited under 18
U.S.C. § 922(g), (n), or (x). Please note: EXCEPTION: If you are picking
up a repaired firearm(s) for another person, you are not required to answer
11.a. and may proceed to question 11.b.
 
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The rub is that an attorney-in-fact acting under authority of a general power of attorney is, by definition, acting as an agent. And the essence of a prohibited straw purchase is one person buying a gun on behalf of (as the agent or proxy for) another.

"...A straw purchase is an illegal firearm purchase where the actual buyer of the gun, ..., uses a proxy buyer....(http://www.dontlie.org/FAQ.cfm)
 
fiddletown said:
The rub is that an attorney-in-fact acting under authority of a general power of attorney is, by definition, acting as an agent. And the essence of a prohibited straw purchase is one person buying a gun on behalf of (as the agent or proxy for) another.

And that is exactly why she buys it as his wife and gives it to him as a gift... :D
 
If they are married, she is already entitled to half of his stuff anyway. Wouldn't that make her part owner anyway? My wife has purchased firearms that I shoot and vise versa. She purchased a shotgun once, didn't like it and I spend more time shooting it than her.

You' re married. Take her out to the range when you get back and build your rifle and let her shoot it. She might not WANT to 'gift' it to you:neener:
 
...she buys it ... and gives it to him as a gift...
Or sells it to him, or trades it to him in exchange for something... say... "if you take out the trash, you can have this stripped receiver".:p
 
Just a thought!

If your wife tried to purchase the gun and was refused for whatever reason then it is my understanding that all the guns you own would have to be stored at a location where your wife did not have access to them or sold!

I have never had a problem but I think my wife (even though she is a legal resident and citizen) "might", "possibly," "could happen," come up as a Foreign Devil and be refused? This would start a cascade of events that might be less than pleasing.

Gun dealer friend said always have your fiancee buy a gun. If she can't get one break off the engagement!

Kinda sounds "tongue and cheek" but he was serious! Anyone know for sure? Texas.
 
If your wife tried to purchase the gun and was refused for whatever reason then ... all the guns you own would have to be stored at a location where your wife did not have access to them or sold!
That is not at all true.
 
If your wife tried to purchase the gun and was refused for whatever reason then it is my understanding that all the guns you own would have to be stored at a location where your wife did not have access to them or sold!

Absolutely false.

Anyone know for sure?

Prohibited persons are defined in 18 USC 922 (g) quoted at the end of this post.

1. A military spouse in a state such as Washington may retain their out of state driver's license. They would be denied the purchase of a handgun or stripped lower receiver at an FFL due to lack of identification showing their true state of residence, but would not be a prohibited person.

2. A person between the ages of 18 and 21 would be denied the purchase of a handgun or stripped lower receiver at an FFL, but would not be a prohibited person.

3. People get denied by NICS many times because of identity errors when they are not prohibited persons, thus the reason for the NICS appeal process. Failing a NICS check does not make a person prohibited from possessing firearms, it only indicates that they might be prohibited.

Prohibited persons are:

(g) It shall be unlawful for any person—

(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

(2) who is a fugitive from justice;

(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;

(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));

(6) who has been discharged from the Armed Forces under dishonorable conditions;

(7) who, having been a citizen of the United States, has renounced his citizenship;

(8) who is subject to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)
(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or

(9) who has been convicted in any court of a misdemeanor crime of domestic violence,

to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
 
I hope you are correct. We were told that at the gun range by the dealer who also teaches CCW.
 
Sky:

Don't worry. This is not the first time that a gun dealer who taught CCW has disseminated bad information. A local dealer here, who instructed my wife's CCW class, pretty much encouraged me to commit a felony once. I tried to explain the law, but he wouldn't listen.
 
As in many things in life there seems to be mucho Bovine excreta. Funny, Larry being in a different county can't sell certain ammunition yet the True Value Hardware 20 miles away can. He is just a small dealer trying to stay out of entanglements. I honestly believe the feds who check his paperwork and License are more restrictive. Should be standardized for everyone and probably is but interpretations vary.
 
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