Buying Gun A Gift vs Straw Purchase

[free]

Been a long time since I filled out a form, but I seem to recall a question along the lines of "is this a gift or for someone else?"

Can someone give me the lowdown on all that and whether a shop is likely to refuse a transfer on a gift, and how much difference is makes if the gift is for a minor (WELL under 18).

This question is with respect to my "considering a 1911" thread. I'd prefer paperwork reflect it is a gift, and naming the intended recipient, rather than me as the owner and the gift giving being "off the record", as it were.

Thanks
F

[JaySmith]

I would buy it for myself. Once it's in my possession, it's my choice what I want to do with it. Blood relatives are fine.

I think straw purchase is aimed at non-blood relatives who are prohibited persons who would not be able to pass a background check otherwise.

[free]

Well, never mind. I went and looked at the actual form and instructions. I see that in my instance, I am the actual buyer and the name of the gift recipient isn't required to be anywhere on the form, nor is there anyplace for it.

I think I answered this question (:

[sbmania]

I don't think "blood relatives" cuts it. If I recall correctly, it's father to son or the reverse, grandfather to granddaughter, husband to wife, etc. Not necessarily cousins, nephews sisters, brothers. I'm sure someone smarter than me will be along shortly to provide clarity.

[STBear]

I don't think "blood relatives" cuts it. If I recall correctly, it's father to son or the reverse, grandfather to granddaughter, husband to wife, etc. Not necessarily cousins, nephews sisters, brothers. I'm sure someone smarter than me will be along shortly to provide clarity.

Don't know about smarted than you but that's how I understand it.

[knight0334]

Under federal law: you can buy any Title I gun as a gift and give it to anyone of the same state of residence. It isn't a "straw purchase".

Under PA law:

For "Firearms"(handguns, SBS, SBR, most AOW, any cartridge gun under 26" OAL made after 1898: you can buy them with intent as a gift, but can only legally "give" them to a spouse, child, grandparent without any paperwork(except the NFA items, requiring the tax stamp transfer paperwork). Siblings, cousins, aunt/uncle, step children/parents are not exempted of the paperwork transfer - so a formal transfer is required. The "great grandparent/great grandchild"(and further in direct up/down lineage) is kinda a gray area in PA law. ..They are technically "grand" ancestors/successors, just with a "great" before the "grand".

For Rifles, Shotguns, bare receivers: you can buy them with intent as a gift and can "give" them to ANYONE that isn't otherwise a prohibited person.


Remember, you start abiding by the law at the Federal level first, then state, then local. You review the laws in that order. If you're okay at the federal level, you then look at state. If state says NO, then you have to take the extra steps of the state level to comply.

As for possession of a "firearm" by a person under 18"yo: Federal law does prohibit giving handguns to those under 18", with certain exceptions. See them at this ATF PDF: SEE ATTACHED

One is if the child has written permission from the non-prohibited parents.


For those 18yo to <21" - state law applies. You can gift/give a "firearm" to your child, no paperwork required(you should probably do a receipt for each party). Technically you can do a formal transfer thru a sheriff, but none are known to be willing to do that these days. And PICS gives a warning that the recipient is under 21yo, which will likely scare any half-willing sheriff - even though the law allows it.

[JaySmith]

According to that, I could not give a gun to my brother, but I could give it to my father, who could then give it to my brother.

[steve_010]

According to that, I could not give a gun to my brother, but I could give it to my father, who could then give it to my brother.

Sounds like you could also marry anyone you wanted and give them a gun.

[jthrelf]

You're the actual buyer if it's a bona fide gift. Don't accept any money, make it a true gift, and you're good federally. Then for state it has to be a child, spouse, grandparent, grandchild to skip the FFL transfer.

[JaySmith]

Sounds like you could also marry anyone you wanted and give them a gun.

But how married do you have to be? Do civil unions count? What about homosexual marriages? In the eyes of God you're not married until you consummate the marriage.