Under 21 Question

[Mastiff4570]

so we can just go to the sheriff and have him transfer it to me?

[jsb889]

Who is him? your dad?

If your dad is buying the pistol for you, just tell your dad what you want and have him buy it. There is no paperwork needed and no sheriff needed when your father buys it for you.

Your dealer may not know about the law regarding parents gifting pistols to their children. You could either print that out and show him or go to another dealer.

As for a transfer at the sheriff's office, I doubt your dealer would go to the sheriff to make a sale. You could try, but I'd imagine you'd have better luck with a private seller.

[Steve in PA]

Originally Posted by BerksCountyDave

Yep just give your dad the money and tell him what gun you want and have him buy it. He can legally then "gift" it to you. And you can legally open carry.

I would not do that. A gift is a gift. Giving your dad the money in order to buy the handgun is a straw purchase, legally speaking.

[bdevil73]

Originally Posted by Steve in PA

I would not do that. A gift is a gift. Giving your dad the money in order to buy the handgun is a straw purchase, legally speaking.

I wasn't really sure about this part of it. Is it truly a straw purchase since he is legally allowed to own the gun, barring any criminal disqualifications? Maybe I don't completely understand the straw purchase. I thought that it only applied if the person you were buying the gun for was a prohibited person. Or, does it apply to any purchase where a person buys a gun for someone else?

[jsb889]

A straw purchase is when person A gives person B money to buy a gun, because they cannot do so for any reason, including underage.

The only problem with that definition in this case is that courts cannot prove the intent or where the money came from. So, even though it would legally be a straw purchase, I cannot think of how they could even prosecute it.

[Steve in PA]

Exactly. The only people who really know it was a "straw purchase" would be the father and son.

[bdevil73]

Originally Posted by jsb889

A straw purchase is when person A gives person B money to buy a gun, because they cannot do so for any reason, including underage.

The only problem with that definition in this case is that courts cannot prove the intent or where the money came from. So, even though it would legally be a straw purchase, I cannot think of how they could even prosecute it.

But he can legally purchase a firearm as long as he has a clean record and is at least 18, just not from a FFL. The transfer would have to be done through the sheriff. Being that he is not really a prohibited person, is it a straw purchase just because he can not buy it for himself from a FFL?