We were told, on at least three occasions in two states, that buying with the
intention of transferring it to another person was unlawful. ...even when the
other person was in the same family. Ignorance? Maybe. Tell the FFLs.
Vermont. I was told it was federal. They told me the same thing here in
Alabama. The name on the yellow-sheet was for the end user. I mentioned,
both times how silly it was since it was perfectly legal for me to transfer it
after. ...and my wife? Oh, she was told the same thing when she said she was
going to buy one for me. Nope. No can do. I only assumed it was federal. It
couldn't be a Vermont gun law. They don't have any. ;-)
Don't listen to fools.
From the ATF publication, "Federal Firearms Regulations Reference Guide"
"An example of an illegal straw purchase 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
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."
(The above presumes the buyer has no knowledge that the eventual recipient
is prohibited from owning the weapon. That is the giftee is not a felon,
alien, non-resident, or smells funny.)
Nope. A 12-year old, under federal law, can legally OWN a gun, he just can't
buy one. This oddity shows up often when 20-year olds become police
officers. Usually, the department buys the gun for the officer.
On Jan 2, 11:35 pm, " firstname.lastname@example.org"
I think the issue here is that the law is being interpreted
in ways that were never intended. The law is designed
to prevent a straw purchase where someone is buying
a gun at the request of another. The simplest
solution is for the husband to take the wife to the gun store
and have her listed as the buyer and actually pay for it
with money that he gave her. That means that the
wife has to meet all the reqts for the purchase. Problem solved.
What's so hard about that?
I decided to go look for federal form 4473 which is the
actual form the firearms dealer must have completed
prior to purchase. The answer to the issue in question
is absolutely clear. Under federal law, it is perfectly
legal to buy a firearm as a GIFT. It is excluded as
being a straw purchase:
From the Q/A contained on the actual form:
Question lI.a. Actual Transferee/Buyer: For purposes of this fonn. you
the actual transferee/buyer if you arc purchasing the fireann for
otherwise acquiring the firearm for yourself (e.g., redeeming the
pawn/retrieving itFom consignment. firearm raffle winner). Yo~ arc
aetnal transferee/buyer if you arc legitimately purchasing the
fireanll as a gift
for a third pany. ACTUAL TRANSFEREE/BUYER EXAMPLES: Mr.
Smith asks Mr. Jones to purchase a firearm for Mr. Smifh. Mr. Smifh
Jones the money for the tirearm. Mr. Jones is NOT THE ACTUAL
BUYER of the fireanll and mnst answer "NO" to question I La. The
lkensee may not transfer the firearm to Mr. Jones. However, if Mr.
goes to buy a firearm with his own money to give to Mr. Black as a
Ivlr. Brown is the actual transferee/buyer of the firearm and should
"YES" to question ll.a. However, you may not transfer a firearm to any
person you know or have reasonable cause to believe is prohibited
U.S.c. § 922(g), (n), or (x). Please uote: EXCEPTION: If you are
up a repaired firearm(s) for another person. you are not required to
II .a. and may proceed to question I I. b.
A. It spoils the idea of a surprise gift.
B. It's totally unnecessary.
C. It may cause a divorce when the wife, under penalty of perjury, admits
she's ineligible to own a gun having formerly served time in a federal
prison for white slavery and felonious mopery (exposing oneself to a blind
I shot a bullet in the air.
It fell to ground I know not where.
First, Let me say I'm in complete agreement that doing the above is a
stupid and dangerous thing for which perpetrators should be penalized if
cought doing it.
But, maybe we should ban home swimming pools, they seem to kill more
kids than falling bullets do:
This is one of the many consequences of the liberals insistence on "open
borders", we import people from third world cultures who think this
"celebratory gunfire" is ok. This isn't something from the "redneck
south" like the anti kooks try to claim, it's entirely imported.
Actually it was probably some of my darker skinned cousins in this part
of town. It is also heard in rural areas perpetrated by my lighter
skinned cousins but out there away from town, it's much safer. The
people who handle firearms irresponsibly are of all varieties of human
but they all have one thing in common: "stupidity". ^_^
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