Question about buying a firearm as a gift

[Lebowski]

One good buddy of mine is getting married soon, and I'm thinking of getting him and his lady a shotgun as a wedding present. The three of us have been shooting together in the past several times, and while neither of them are gun owners they always have a ton of fun and she's a good shoot with the AR and he's a great shot with my pistols. I'm thinking a shotgun would be a good gift for them. Something they can go do together, something to protect their home with, and will be an excuse for me to get to come hang out after they're married. ("Hey man, lets go shooting!") Better than a toaster, or gift cards, or whatever people normally buy.

My question is: Is this legal or would this be a textbook definition of a straw purchase? They are both legally capable of owning firearms, neither would have an issue purchasing it themselves however that sort of ruins the surprise if I give them money and tell them it must be used on a shotgun...

So, can I do this or should I look for other gift options?

 

[threedhuntr]

Not finding any code but as long as the other person is a "proper person" then you are good.

Someone will be along with a link I'm sure.

 

[Slawburger]

Form 4473
"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."

 

[Slawburger]

Here is a link from NSSF.
It suggests a gift certificate as the cleanest solution.
http://www.nssf.org/share/blastLinks/NSSFNews/2014/061814_Straw_Purchase_Retailers.htm

 

[Slawburger]

.

 

[Mgderf]

I've gifted many firearms, including giving away Crickett rifles to complete strangers here on Ingo and other sites.

You buy the firearm (pay for it), and the recipient fills out the 4473 and goes through the background check.
It doesn't matter legally who pays for it.
What counts is who picks it up from the FFL.

 

[ATM]

1. Buy gun.

2. Give your new gun away as a gift.

 

[JetGirl]

1. Buy gun.

2. Give your new gun away as a gift.

This^.

Form 4473
"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."

Because this ^.

 

[MemphisR32]

I'm assuming they are also residents of the same state your in correct? If they are not you would have to do a FFL transfer to them in the state of their residency.

 

[Lebowski]

Thanks everyone for clearing this up.

 

[warthog]

I've gifted many firearms, including giving away Crickett rifles to complete strangers here on Ingo and other sites..

Can I have a rifle too? I would accept any firearm in fact in case you already have something in mind for me.
I don't think we know each other so it is OK.
(add color to the font as needed)

 

[happs]

wish you were invited to my wedding.

 

[Paul30]

I'm assuming they are also residents of the same state your in correct? If they are not you would have to do a FFL transfer to them in the state of their residency.

Only if it is a handgun as I currently understand it. I can purchase shotguns or rifles out of state, just not handguns.

 

[Slawburger]

Only if it is a handgun as I currently understand it. I can purchase shotguns or rifles out of state, just not handguns.

From https://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons

Q: From whom may an unlicensed person acquire a firearm under the GCA?
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

 

[Slawburger]

Only if it is a handgun as I currently understand it. I can purchase shotguns or rifles out of state, just not handguns.

DIGEST OF SB94 (Updated April 12, 2011 4:37 pm - DI 84)
Purchase of firearms. Makes it a Class C felony for a person to knowingly or intentionally give false information on certain forms or offer false evidence of identity in purchasing or otherwise securing delivery of a firearm. Repeals a provision that states: (1) a resident of Indiana may purchase a rifle or shotgun in Ohio, Kentucky, Michigan, or Illinois; and (2) a resident of Ohio, Kentucky, Michigan, or Illinois may purchase a rifle or shotgun in Indiana. (This provision was enacted in 1983 in response to the federal Gun Control Act, which allowed sales of rifles and shotguns to a nonresident of a contiguous state only if both states enacted laws allowing the sales. However, this contiguous state requirement of the federal law was amended in 1986 so that firearms dealers can sell to residents of any other state if the purchase is legal under federal law and any applicable state laws.)

 

[AA&E]

wish you were invited to my wedding.

Almost worth renewing your vows..

 

[Mgderf]

Can I have a rifle too? I would accept any firearm in fact in case you already have something in mind for me.
I don't think we know each other so it is OK.
(add color to the font as needed)

I've considered doing this again here on Ingo, but finances will not allow for it presently.
Maybe in the future.
Stay tuned for further developments.