important question about GF purchase.

[bowtie]

I'm new here but glad I found this forum. I posted this question on another forum but got mixed answers maybe due to the fact that each state has different gun laws.

Can my fiancee walk into my local gun store and purchase a 1911 for me? I have reason to believe she is going to try and surprise me for the holidays. I've done a little research as to what is a straw purchase but it really didn't clarify that.

I've been told as soon as she says its a gift they will refuse the sale.
I've been told its illegal.
I've been told she can do it.

Thanks for the help

 

[IncendiaryGunner]

As far as I understand, it would be a legal purchase, because she would still be the actual purchaser even though she would not be the end possessor.

If you give someone money and tell them "buy this gun for me" - you are the actual purchaser and using them as a proxy to fill out the paperwork and buy the gun - and that would be ILLEGAL.

In this case, she is the purchaser and is giving it to you as a gift - and you are not using her as a proxy to buy the firearm.

Disclaimer: I am not a lawyer... I do not work for the ATF... do not take my word for it, do more research.

 

[repeter1977]

As you stated, its different from state to state, but the main thing is, she can get one for you, as long as its legal for you to possess one. When she is filing out the form, she can tell the gun store that the is getting it from, that she is getting it for you as a present. Usually they worry about straw purchases when its looking a little shady, but when she goes in, and is upfront about it, it really helps relax the gun store employees, and then they will be more able to help her out. After all, look at it from their point of view, it could be someone trying to get them in trouble, acting shady, etc, so then it irks them, cause they just want to do business, and no one likes people looking over their shoulders like that.
I am sure some on here that own, or work at gun stores could explain it better, but its not illegal.

 

[Miles42]

It differs from State to State. Being a new resident to Indiana I can not say for certain. I know in Pa if she bought it for you as a gift she would then have to go back to the dealer or any FFL to transfer it to you. That does not seem to be the case here but can't say for sure.

 

[purple72]

Ah, and after reading the title, I thought were going to give pointers on purchasing a girlfriend. Yes, she is legal to buy and then gift it to you. Providing she can legally own a firearm.

 

[Stschil]

Ah, and after reading the title, I thought were going to give pointers on purchasing a girlfriend. Yes, she is legal to buy and then gift it to you. Providing she can legally own a firearm.

Me too....though I couldnt find any WTB: Girlfriend posts in the classifieds. I think that goes against da rulez, anyway.

 

[Bennettjh]

Ah, and after reading the title, I thought were going to give pointers on purchasing a girlfriend. Yes, she is legal to buy and then gift it to you. Providing she can legally own a firearm.

Good title because i thought you were wanting to buy a girlfriend... Seriously though I've bought a firearm as a gift to my GF and i told the gun store before i bought it and there was no trouble

 

[karl77]

talk to the counterman, pay for it (layaway) and then you go fill out the papers and walkout with it

 

[marshallartist]

No problem there. My dad bought me a shotgun a little over a year ago as a gift and there was no problem with this sort of transaction.

 

[eldirector]

It is not illegal for someone to purchase a firearm as a gift.

A straw purchase is illegal EXCEPT as a gift. This is spelled out explicitly here:
http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf on page 165, under the section for Straw Purchases (second column, half way down or so).

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.

 

[Archer]

I bought a shotgun for my dad as a gift. The question on the form asks if you are the actual purchaser of the firearm. I interpret that as, so long as someone doesn't hand you money and say "go buy this gun for me", its legal. But IANAL. I would call up your local police department and ask them.

 

[JettaKnight]

I've been told as soon as she says its a gift they will refuse the sale.

Then don't do that.

I've been told its illegal.

I've been told a lot of legal things are illegal - by people who should know better.

I've been told she can do it.

Then someone told you the right answer.

I hope she got the right answer too...

 

[Indy_Guy_77]

II would call up your local police department and ask them.

This if often times terrible advice. Many many times, they do not know the law regarding firearms. You're also apt to get an individual's OPINION.

It is not illegal for someone to purchase a firearm as a gift.

A straw purchase is illegal EXCEPT as a gift. This is spelled out explicitly here:
http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf on page 165, under the section for Straw Purchases (second column, half way down or so).

This link is the only one that really matters.

-J-

 

[bowtie]

Thanks for the help. Lol I didn't know what to put for the title

 

[PGRChaplain]

Welcome to and happy Birthday early! Go for it!

 

[lucky4034]

Ah, and after reading the title, I thought were going to give pointers on purchasing a girlfriend. Yes, she is legal to buy and then gift it to you. Providing she can legally own a firearm.

this is what I was thinking too. I was about to ask if they had a trade in program

 

[lucky4034]

This if often times terrible advice. Many many times, they do not know the law regarding firearms. You're also apt to get an individual's OPINION.

-J-

True dat... you could ask 10 cops and get 10 different answers... I had a cop tell me that I had to have a license to purchase a silencer and that it could only be used on one gun and had to remain on that gun FOREVER. He said that if I ever got caught with that suppressor not attached to the ONE GUN that I registered it, I could get in trouble.

 

[Dave Doehrman]

important question about GF purchase

Go for it. If she works out let me know where you got her and how much. I'll make sure my wife approves the expenditure before I order mine.