Straw Purchases

[archie19]

IANAL and I have nothing but a poor memeory to cite but..... I am reasonably sure that one can buy a gun as a gift, an actual, common definition, gift, as opposed to a 'nudge, nudge, wink, wink' "gift". I think it might even be on the form 4473??? regarding a gift purchase. All laws must be followed when giving the gift, however.
No, a straw purchase is not only buying for a prohibited person, just ask the retired cop from I think NJ who got busted for a sfraw purchase even after transfering the glock to his uncle at an FFL.
Hopefully any incorrect info I may have provided will be corrected.....

[ExFlyinguy]

I got a good question for you internet lawyers, is it legal for a friend to buy me a rifle/pistol at the show,
because I can't make it?

I'm not a Lawyer, but my understanding is- if money changes hands, i.e. your friend buys it, and then gives it to you and you pay him the costs, that is a no-no.

see US. v Abramski

In the Abramski case, a former police officer from Virginia took advantage of a local discount to buy a gun for his uncle and later transferred it to Pennsylvania*the uncle's residence*using the appropriate federal procedure. During the purchase, Abramski falsely declared that he was purchasing the gun for himself.

Gifts are different so long as the transfer complies with the other laws i.e. in PA your friend can't give/gift you a handun.

[cdi]

I know a few FFL's.
Can't think of one that would complete the sale as described in the op.

[GOYABEAN]

[bogey1]

I'm not a Lawyer, but my understanding is- if money changes hands, i.e. your friend buys it, and then gives it to you and you pay him the costs, that is a no-no.

see US. v Abramski



Gifts are different so long as the transfer complies with the other laws i.e. in PA your friend can't give/gift you a handun.

I can't legally buy my neighbor a handgun as a gift even if we transfer it to him?

[ExFlyinguy]

I can't legally buy my neighbor a handgun as a gift even if we transfer it to him?

Beyond my ability to answer. I don't know

[Walleye Hunter]

IANAL but I seem to recall a discussion on this a few months ago and it looked like you can buy a gun for your friend but I forget the procedure.

[bogey1]

IANAL but I seem to recall a discussion on this a few months ago and it looked like you can buy a gun for your friend but I forget the procedure.

We've had one here years ago also. I'm glad people bring this subject up every once in a while.

[GunLawyer001]

While waiting for GunLawyer ....

My local FFL told me clearly that buying a gun for another person is a straw purchase regardless of whether the eventual recipient can or cannot legally own a gun. That does not seem logical in my mind.

True, it's about the actual purchaser, not prohibited persons.

I got a good question for you internet lawyers, is it legal for a friend to buy me a rifle/pistol at the show,
because I can't make it?

No, unless it's a bona fide gift. If you front the money or reimburse him and he intended that outcome, he broke the law.

I can't legally buy my neighbor a handgun as a gift even if we transfer it to him?

A bona fide gift? Yes, you can do that, as long as you comply with other laws on transfers. If he reimburses you, you broke the law.

People think it's about keeping guns away from prohibited persons. It's not. In practice, it's about tracking guns, while "registration" is still nominally prohibited at the Federal level. The cop who used his discount to get his uncle a handgun using his uncle's money, then they transferred it to the uncle via an FFL in the uncle's state, after NICS approval, was convicted of lying on the 4473, and the USSC upheld that conviction based on the wording of the statute.

[jthrelf]

The answer to the OP is YES, you can do that. No money is changing hands, it is a bona fide gift. The 4473 instructions describe this and you may answer Yes to being the actual buyer. A gift is not a straw purchase. Further, even if it's a handgun, you're covered in PA with a grandparent/grandchild transfer.

Buy the gun, merry Christmas and I hope it's one your grandson will cherish!