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Posted: 11/3/2006 7:54:56 PM EDT
Welcome  Now post pics or ETA: Very nice rifle. Now let us know how she runs! |
all depends, if she bought it, then gave it as a gift, it should be legal(if legal for him to own), but if he had her buy it for him , then yes, a straw purchase |
Sorry to change the direction of the thread but let me clarify exactly what a "straw purchase" is. Straw purchase: when one individual knowingly purchases a firearm for another individual while knowing that the other individual is prohibited from owning a firearm. Unless his wife knew that he could not own a firearm, she did nothing wrong. Even if she purchased it for herself and he picked it out (which happens ALL the time) and he is prohibited from owning it - they are fine as long as SHE retains ownership of it. There is nothing wrong with you and I meeting in a parking lot, walking into a gun shop, you looking at guns and asking questions while I twiddle my thumbs, me stepping up at the last moments and you asking me to buy the firearm, we walk out in the parking lot, you give me money, and we leave never to see each other again - AS LONG AS I HAVE NO REASON TO BELIEVE YOU ARE PROHIBITED FROM OWNING A FIREARM. This is a free country - in most states we can buy and sell firearms from each other like we would a horse saddle, gallon of milk, or whatever...we are doing nothing wrong - we are free men. When one buys for another with the knowledge that the other is prohibited...then we are talking straw purchase. BTW - very nice rifle you have. Buy ammo, shoot lots, and start saving for another! 
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Let ME clarify to YOU exactly what a straw purchase is, before you go and do something stupid like what you just provided as an example: A "straw purchase" is a situation in which a person is using a "straw purchaser"(another person) to acquire one or more firearms from a Federally licensed firearms dealer, to hide the identity of the true purchaser or ultimate possessor of the firearm/s. While it is a common way for prohibited persons to acquire firearms, it is still a straw purchase even if the person "buying" the firearm is not a prohibited person, but only wants to hide his identity. If a wife asks a husband what he wants for a gift, and he says a rifle, and she buys it of her own volition... it IS NOT a straw purchase. She is the buyer. She chose to buy it. She chose to give it as a gift. |
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What about question 12a on the form 4473: Are you the actual buyer of the firearm(s) listed on this form? Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm(s) to you. ETA: I always wondered about that question because what if I wanted to purchase a rifle to give as a gift to a family member, who I know is NOT barred by law from obtaining a firearm? I am the actual buyer, and I am just choosing to give it as a gift. I have seen some instances where girlfriends attempt to purchase handguns for their boyfriends who are prohibited by law from obtaining firearms. At least my FFL questions such purchases AND makes the boyfriend fill out the 4473. |
From the transcript of an ATF training tape:
www.atf.gov/firearms/ffrrg/transcripts/ltfour.htm OP, grrrrrreat choice! Let us know how it shoots! |
No prob on the photos, heres how to do it When you sign onto your photobucket account, under your pictures you will see three lines of text you can copy. URL Tag IMG IMG is your friend. Simply copy the board code next to IMG and paste the same code in the reply box. Your image will appear. When the message is posted/previewed. You can, of course, post multiple pictures in a single text box. Enjoy. Welcome to ARFcom, and GREAT first rifle!
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If you purchase a rifle you can give it as a gift, or sell it in a private sale. Seems like they're trying to make one big frackin gray area  |
There's nothing gray about it. If you are purchasing it for someone else who gives you the money for it, or wants you to buy it for them, it is illegal for you to fill out the 4473 and state that YOU are the actual buyer of the firearm. If YOU make a decision ON YOUR OWN to purchase a firearm to GIVE as a gift, it is perfectly legal for you to do so. It all boils down to WHO is initiating the purchase. Don't read more into it than there is. |
There we go. Asked and answered. |
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