How to purchase a GIFT long-gun? (MI)

Status
Not open for further replies.

bigalexe

Member
Joined
Mar 14, 2009
Messages
931
Location
SE Michigan
I am wondering how exactly one would go about purchasing a new long-gun with the intent of gifting it in the state of Michigan?

Basically what I'm trying to avoid is the whole "Straw Purchase" crap, I want to buy a gun for someone else that I know can legally own a gun but don't want them to have to come fill out a bunch of paperwork. Please note this concerns purchasing a regular long-gun, factory new from an FFL. Its not an NFA Firearm, Handgun, or otherwise heavily regulated firearm.
 
Buy the gun as you would normally, as if you were buying it for yourself.

Its that simple.

If you make mention of it as a gift, all you will do is rile up a potentially undereducated counter person.
 
Why would they ask?

What ISN'T an acceptable answer?

I WANT them BOTH.

nuff said... politely of course. Feel free, but not compelled to tell them it's a gift.
 
What do I answer when he asks why I'm buying 2 of the same gun?
"Given the customer service at [fill in name of store], I think it's simply prudent."
/Bryan
 
Buying a gun as a gift is a perfectly legal transaction. First, when you answer yes on the 4473 to "are you the actual purchaser of the firearm" that is true, you are purchasing the firearm for your own use. Your use of that firearm is to gift to someone.

If you do not tell the FFL what the purpose of the gun is, let's go so far as to say even lie to the FFL, you still are not breaking the law because you have not provided any information that would mislead the dealer regarding the legality of the transaction.

18 USC 922 (a)(6) is the law in question:
(a) It shall be unlawful—
(6) for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter;
 
Ok thanks for the answers. The reason I'm asking and wasn't ready to flat out lie to the store is that the place is a local independent shop I walk into quite frequently and the guys in there are good. I didn't want to put myself or them through any unnecessary trouble.

If I was looking at buying from Meijer or a big chain outdoors store I wouldn't much care.
 
Some FFL's have funny ideas about the regulations. For instance, some may tell you that you cannot buy a gun as a gift for anyone but immediate family members. Some may try to tell you that you can't buy a handgun to give as a gift to a <21 year old (in most states where the state law does not prohibit it).

It's best to remain silent on the issue unless asked, and if your ID checks out and you pass NICS and nothing else appears out of the ordinary, it really is none of their concern why you are buying two of the same gun, ESPECIALLY if you are a regular customer.
 
It's best to remain silent on the issue unless asked, and if your ID checks out and you pass NICS and nothing else appears out of the ordinary, it really is none of their concern why you are buying two of the same gun, ESPECIALLY if you are a regular customer.

Agreed.

Trying to explain your every motive will only cause undue trouble. You're not breaking the law.
 
I bought a .22 rifle as a gift a while back and wondered the same thing. What I found out at the time was that since I was buying it as a gift, with my money for the purpose of freely giving it to him, he lives in the same state and I have no reason to believe he cannot legally own a firearm, it was completely legal.

Now gifting a firearm across state lines (or in a state where you need a permit to own or some such thing) is probably a completely different question.

My father-in-law gave me his old single shot rifle (.25 rimfire) some years ago. He lives in a neighboring state and simply sent it home with my wife when she returned from a visit.

I mentioned it on here at the time (proud of my neat new rifle, wondering where I could get ammo that hasn't been made since 1942) and some folks got all excited, saying I needed to find an FFL to do a transfer to make it legal. I thought that was absolutely insane but apparently that's the law. I did a little research on it and found that my particular rifle was made in the mid 1890's so it's legally an antique and it doesn't matter.

Added: I just saw that you said you're both in the same state, some my comments about state lines are irrelevant.
 
Right now in Texas (since we area border state) BATF is doing a lot of checking. Some multiple purchasers have received visits from agents checking for straw purchases. My local dealer will not make multiple sales. If you want two guns from him, he makes you wait a week in between. Apparently, simultaneous purchase of more than one gun obligates the dealer to report the sale both to BATF and the local sheriff. Even before the current concern over sales to Mexico, this dealer chose not to make multiple sales.
 
Status
Not open for further replies.
Back
Top