dbmjr1
Member
Just call around until you find a shop that will sell gift certificates.
Either outright buy him the gun or just give him the money to buy it himself.
Not to hijack the thread but is the following a straw purchase?
Hypothetically.... 20 yrs ago....
Me and a friend walk in to the same store at the same time.
I pick out a gun and he picks out his own gun. (both hand guns)
I fill out my 4473 paperwork and he fills out his own 4473.
We walk to the register and I pay for both guns in a single credit card transaction.
10 days later (waiting period), we both go to the same store at the same time,,,,,, I take possession of mine and he takes possession of his.
Is that a straw purchase?
At the gunshow a couple of weeks back, I watched a guy make a gift of a brandy new S&W MP15 to my friend. Paid for it (at the largest local FFL who owns half the show) with a credit card that was declined 3 times before it went through. My friend filled out the 4473 and was the "actual purchaser." It's irrelevant who pays for it. Joe
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 TRANS- FEREE/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.
Not in the eyes of the ATF. The person paying for the gun is the actual buyer.
The person PAYING FOR THE FIREARM is considered the "actual buyer" even if it is being bought for the immediate purpose of being given as a gift.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 TRANS- FEREE/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.
Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith.
The ATF defines “straw purchases” as the illegal purchase of a firearm by one person for another.
The test is "Is the person filling out the 4473 going to be the actual owner of the gun?"
Who pays for the gun is legally irrelevant. Now it's true that certain ways of paying for the gun may make it appear that it's a straw purchase, and I can't blame the dealer for being suspicious in the scenario the OP described. Using a pre-paid Visa card removes the appearance of a straw purchase, but the OP is still paying for the gun. However, since the nephew is filling out the 4473 and he is indeed the actual owner, it's not a straw purchase in either case.
Originally Posted by sota
...LEGALLY (folllowing all rules and regulations) buying 2* guns in my name with the explicit intent of selling 1 of those to a friend (also following all rules and regulations regarding private transfers) can not be considered a straw purchase, ...
Originally Posted by dogtown tom
...A straw purchase is not solely "buying for a prohibited person", but buying on behalf of ANYONE else.....from a licensed dealer.
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 execute the Form 4473 purporting to show that the straw purchaser is the actual purchaser of the firearm. In some instances, a straw purchaser is used because 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 categories of persons who may not lawfully acquire firearms or is a resident of a State other than that in which the licensee's business premises is located. Because of his or her disability, the person uses a straw purchaser who is not prohibited from purchasing a firearm from the licensee. In other instances, neither the straw purchaser nor the actual purchaser is prohibited from acquiring the firearm.
In both instances, the straw purchaser 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 purchaser to acquire a firearm has unlawfully 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 receiving or possessing firearms, and could have lawfully purchased firearms...
Just send the kid a prepaid card or money order and let him buy it.