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Thread: shotgun gift
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November 16th, 2014, 10:18 AM #1
shotgun gift
the wife has been asking for a shotgun for christmas, what is the process for legally buying the shotgun and giving it to her? the main thing that comes to mind is the question on the ATF purchase form that asks if you are the actual receiver of the firearm being purchased.
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November 16th, 2014, 10:21 AM #2
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November 16th, 2014, 11:06 AM #3
Re: shotgun gift
That is fine if she has tried different models and made her decision.Or you could give her a coupon "Good for 1 free Shotgun" on Christmas then take her to your local gun shop,have her pick it out and you pick up the tab. Everybody would like a shotgun for a gift,but it is nice to pick out your own. (with a price cap,of course)
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November 16th, 2014, 11:24 AM #4
Re: shotgun gift
Based on what it says on page 4 of the form I would say that you are the legal buyer straight up.
A more in depth analysis here.
http://forum.pafoa.org/general-2/268...-gun-gift.html
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November 16th, 2014, 12:03 PM #5
Re: shotgun gift
ok thanks, so I would be the actual buyer for the form. So when it comes to actually giving it to her do I need to have an FFL do the transfer from me to her?
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November 16th, 2014, 12:35 PM #6Junior Member
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Re: shotgun gift
Neither a private sale nor a gift of a long gun in the state of pa is requiring an FFL's involvement. The moment she opens the box it is all legal for her to take ownership of the shotgun; as long as she is not a prohibited persons.
Regards, BD
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November 16th, 2014, 12:41 PM #7Active Member
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Re: shotgun gift
There is no question that under current Federal and Pa regulations you can buy any non-NFA regulated firearm and then "gift it" to your wife.
My next comment may spark debate. A debate I won't participate in because it involves a personal decision that involves how far someone wants to protect one's self and spouse from possible future problems.
So here goes: Like it or not we live in an environment that has become more hostile toward firearm owners. It is possible, maybe very possible that firearm regulations will become more stringent in the future.
Therefore you may, in the very least want to consider documenting "the transfer-gifting" to your spouse, in a dated and signed by you and your wife statement, also signed by a notary. With this the spouse can always document that transfer occurred on a certain date before any change in the law and that on that date it was legally permissible.
The question then can be asked: If your spouse picks out the firearm she wants and handles it, why not just do the "FFL to customer transfer" into her name at the point of initial sale.
Of course if you "want to make a point" and follow the law, just buy it
wrap it and hand it to her on the big day and forget the above caution.
That's not how I would handle it, but I am not you.
Best of luck with this.
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November 16th, 2014, 12:46 PM #8
Re: shotgun gift
Buy it...give it to her. Merry Christmas.
In Pa, you can also purchase a handgun and gift it to your wife.
I've bought handguns for my wife, and she has bought them for me. She has never bought me a shotgun though...
HEY HONEY, I JUST THOUGHT OF SOMETHING YOU CAN GET ME FOR CHRISTMAS!!
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November 16th, 2014, 01:39 PM #9
Re: shotgun gift
Food for thought: In many gun stores, small gun stores and large gun stores, and "big box" gun counters, if you tell them what you are doing, they will deny the sale claiming you are attempting a straw purchase.
Many folks just don't understand the law, and in many cases it is a matter of company policy.
So fill out the form as discussed in this thread, legally, and then gift the shotgun to your wife on the appropriate day, and keep your trap shut about what you're doing while standing at the counter. Although your plan is legal gun sellers (FFLs) have the right to refuse any sale for any reason, and if you make them feel uncomfortable, of if the sale, although legal, is against their store's policy, they will deny you the sale.
I have seen it happen. Followed the poor women out into the parking lot, introduced myself, and tried to explain why she was having so much trouble inside. Same deal, it was a shotgun, for her husband. One he dearly wanted and it was on sale for a really good price. She was very upset because she really wanted to get this for him and could not afford it at it's regular price.
I told her the same thing I'm telling you. I instructed her to drive to another store (which happened to be a pretty good distance away) and make the purchase, only this time say nothing about gifting it to her husband. We spent about 20 minutes in conversation and I was even able to bring up enough PA and Fed law on my phone to verify what I was saying, give her a bit of confidence. I hope she made out OK. This was 4 or 5 years ago.
So dummy-up at the counter, got it? YOU are spending YOUR money to buy a shotgun for YOU. That makes YOU the legal "purchaser/transferee". Later on you will transfer ownership of said shotgun to your wife as a gift, all LEGAL.
When you make the transfer to your wife you can do so with or without an FFL, or you can make up a receipt, or involve a notary... or not. As with many things there are pros and cons to each.While many claim to support the right, precious few support the practice.
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November 16th, 2014, 01:53 PM #10
Re: shotgun gift
Sounds good, thanks for all the info!
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