Is it a straw purchase if person A pays you for a pistol and you transfer to B?

[jthrelf]

I am sure there are legal methods for doing this. I mean, how does a parent buy a youth sized Cricket .22 for their child? The shop knows that it is not likely that the adult will be firing that Cricket. Should they refuse the sale?

A person can buy a Cabella's gift card and give to a friend saying "Happy Birthday, go get that 1911 you wanted". Cabella's gun salesman knows the gift care likely was a gift from someone else. Does that make it a straw sale?

That's a long gun and going from parent to child. Different than a handgun going brother to brother. Plus unless they're 18, the rifle is still technically the parent's even though the primary user is the child.

My wife can buy me a handgun as a gift and truthfully answer yes to the 'actual buyer' question. I can answer 'yes' to that question if I buy my PA-resident friend a rifle for his birthday. Lines are blurred with a) handguns in PA because they require transfer except between exempted family relationships and b) money exchanged i.e. not a bona fide gift.

[RockIsland]

Can you legally purchase a gun as a gift?

Is it legal for me to pay for gun, and have my wife do the pics check? What about purchasing online and having her do the check at the gun shop?

If both people are not prohibited, is a gift automatically a straw purchase?

[gghbi]

Can you legally purchase a gun as a gift?

Is it legal for me to pay for gun, and have my wife do the pics check? What about purchasing online and having her do the check at the gun shop?

If both people are not prohibited, is a gift automatically a straw purchase?

There are a lot of dealers that will only transfer on line purchases to the person addressed on the package, so having the wife do the pickup would be a no, unless it was her name on the package.

[DoomaTheMoonMan]

From range365:
“ The short answer is yes, you can buy a gun as a gift for another person under federal law—but the person being given the firearm has to be legally allowed to own one. That’s the big difference between a gift and a straw purchase. Also, you can’t receive compensation from the person being given the firearm—in other words, it has to be a gift.”

He is my brother, thus I could just hand it to him later or visa versa anyway... (with a transfer, not exempt by law)

So as one of us would’ve accepted the transfer and we both have ltcf- really no issue.

It freaks me out that all these people have guns and don’t know gun laws...

[ExFlyinguy]

From range365:
“ The short answer is yes, you can buy a gun as a gift for another person under federal law—but the person being given the firearm has to be legally allowed to own one. That’s the big difference between a gift and a straw purchase. Also, you can’t receive compensation from the person being given the firearm—in other words, it has to be a gift.”

He is my brother, thus I could just hand it to him or visa versa anyway...

WRONG!!!!!!
There is a former Cop named Abramski in Prison right now for doing what you want to do

Abramski v. United States
https://en.wikipedia.org/wiki/Abramski_v._United_States

[RockIsland]

There are a lot of dealers that will only transfer on line purchases to the person addressed on the package, so having the wife do the pickup would be a no, unless it was her name on the package.

Not saying that I've ever done anything like that before, and the FFL had no problem with it.

I haven't really seen any concrete evidence if it would be legal or not. Is it just another typical grey area/open to interpretation gun law?

Does the statute for straw purchases make any mention of prohibited individuals?

[DoomaTheMoonMan]

WRONG!!!!!!
There is a former Cop named Abramski in Prison right now for doing what you want to do

Abramski v. United States
https://en.wikipedia.org/wiki/Abramski_v._United_States

This was over state lines - Virginia to pa, also. I’d have to transfer to my brother of course. I just meant “at our leisure”. Family is only immediate as an adult (children, spouse)

[DoomaTheMoonMan]

Final point before I add anymore to this barrage of misinformation:
I am glad you all resort to no sale when you don’t know the laws.

[Exbiker]

WRONG!!!!!!
There is a former Cop named Abramski in Prison right now for doing what you want to do

Abramski v. United States
https://en.wikipedia.org/wiki/Abramski_v._United_States

Abramski lied on the federal forms. Had the original forms been filled out by the uncle with the transfer to the uncle via FFL it wouldn't have been a crime as I see it.
In the end the seller has to be comfortable with the sale or decline to sell.

[RockIsland]

WRONG!!!!!!
There is a former Cop named Abramski in Prison right now for doing what you want to do

Abramski v. United States
https://en.wikipedia.org/wiki/Abramski_v._United_States

I could be wrong, but I believe that Abramski was paid to purchase the gun for a relative. That would not be a gift.

I don't have a dog in this fight. Just looking for legal clarification if there is any.

Op shouldn't get his knickers in a knot, because the seller didn't feel comfortable doing what a lot of FFLs aren't sure is legal.

Most people aren't willing to risk federal prison on a confusing legal area.

That's not the way it should be but that's the way it is. 'Merica!