Handgun as a surprise gift?

[Drew 4]

So I have been thinking about possibly buying my brother a gift. Now A) I want it to be a surprise and B) we both have FIDs and will both have P2Ps. So I

[Maksim 1,504]

So I have been thinking about possibly buying my brother a gift. Now A) I want it to be a surprise and B) we both have FIDs and will both have P2Ps. So I

[tommy3rd 132]

How is it a straw purchase if you both have a p2p? I can buy a gun today, decide I don't like it and sell it to someone else who has a p2p tomorrow.

[Maksim 1,504]

How is it a straw purchase if you both have a p2p? I can buy a gun today, decide I don't like it and sell it to someone else who has a p2p tomorrow.

 

You are purchasing a firearm with no intention of keeping it. Doesn't matter if the other person can buy it legally or not.

 

You can buy a firearm for yourself, and decide you do not like it, hell, I bought a Glock 23, shot it, and sold it a week later because it was not for me, however, I did not buy that firearm with the intention of transferring it to another person.

[Maksim 1,504]

Actually, I was wrong... at least per ATF.

 

"Where a person purchases a firearm

with the intent of making a gift of the

firearm to another person, the person

making the purchase is indeed the true

purchaser. There is no straw purchaser

in these instances. In the above example,

if Mr. Jones had bought a firearm

with his own money to give to Mr. Smith

as a birthday present, Mr. Jones could

lawfully have completed Form 4473.

The use of gift certificates would also

not fall within the category of straw purchases.

The person redeeming the gift

certificate would be the actual purchaser

of the firearm and would be properly

reflected as such in the dealer's records."

 

http://www.atf.gov/publications/downloa ... 5300-4.pdf

 

I do not know about how Jersey law looks at it, but the end user needs to have the pistol permits.

If you really want to keep it kosher and safe... buy the gun, have it sent to FFL, have her pick it up, and this way, you do not waste your pistol permit.

[tommy3rd 132]

Sounds like they both can pass background checks so they're good to go.

 

What is a straw purchase?

 

A straw purchase is an illegal firearm purchase where the actual buyer of the gun, being unable to pass the required federal background check or desiring to not have his or her name associated with the transaction, uses a proxy buyer who can pass the required background check to purchase the firearm for him/her. It is highly illegal and punishable by a $250,000 fine and 10 years in prison.

 

[Maksim 1,504]

Sounds like they both can pass background checks so they're good to go.

 

What is a straw purchase?

 

A straw purchase is an illegal firearm purchase where the actual buyer of the gun, being unable to pass the required federal background check or desiring to not have his or her name associated with the transaction, uses a proxy buyer who can pass the required background check to purchase the firearm for him/her. It is highly illegal and punishable by a $250,000 fine and 10 years in prison.

 

 

Keep reading, even if both people can legally own the gun, it can still be a straw purchase. =)

 

Ie, I give you money to buy me a gun, that is a straw purchase.

You buy me a gift, not a straw purchase.

[KpdPipes 388]

So I have been thinking about possibly buying my brother a gift. Now A) I want it to be a surprise and B) we both have FIDs and will both have P2Ps. So I

[Maksim 1,504]

15. STRAW PURCHASES

Questions have arisen concerning the

lawfulness of firearms purchases from

licensees by persons who use a "straw

purchaser" (another person) to acquire

the firearms. Specifically, the actual

buyer uses the straw purchaser to execute

the Form 4473 purporting to show

that the straw purchaser is the actual

purchaser of the firearm. In some instances,

a straw purchaser is used because

the actual purchaser is prohibited

from acquiring the firearm. That is to

say, the actual purchaser is a felon or is

within one of the other prohibited categories

of persons who may not lawfully

acquire firearms or is a resident of a

State other than that in which the licensee's

business premises is located.

Because of his or her disability, the person

uses a straw purchaser who is not

prohibited from purchasing a firearm

from the licensee. In other instances,

neither the straw purchaser nor the actual

purchaser is prohibited from acquiring

the firearm.

In both instances, the straw purchaser

violates Federal law by making

false statements on Form 4473 to the

licensee with respect to the identity of

the actual purchaser of the firearm, as

well as the actual purchaser's residence

address and date of birth. The actual

purchaser who utilized the straw purchaser

to acquire a firearm has unlawfully

aided and abetted or caused the

making of the false statements. The

licensee selling the firearm under these

circumstances also violates Federal law

if the licensee is aware of the false

statements on the form. It is immaterial

that the actual purchaser and the straw

purchaser are residents of the State in

which the licensee's business premises

is located, are not prohibited from receiving

or possessing firearms, and

could have lawfully purchased firearms

from the licensee.

An example of an illegal straw purchase

is as follows: Mr. Smith asks Mr.

Jones to purchase a firearm for Mr.

Smith. Mr. Smith gives Mr. Jones the

money for the firearm. If Mr. Jones fills

out Form 4473, he violates the law by

falsely stating that he is the actual buyer

of the firearm. Mr. Smith also violates

the law because he has unlawfully aided

and abetted or caused the making of

false statements on the form.

Where a person purchases a firearm

with the intent of making a gift of the

firearm to another person, the person

making the purchase is indeed the true

purchaser. There is no straw purchaser

in these instances. In the above example,

if Mr. Jones had bought a firearm

with his own money to give to Mr. Smith

as a birthday present, Mr. Jones could

lawfully have completed Form 4473.

The use of gift certificates would also

not fall within the category of straw purchases.

The person redeeming the gift

certificate would be the actual purchaser

of the firearm and would be properly

reflected as such in the dealer's records.

[djg0770 481]

So I have been thinking about possibly buying my brother a gift.

 

Buy her a gift certificate, or.... Pay for it, and have it sent to the FFL, and take her there for her to take possession of it.

 

If you really want to keep it kosher and safe... buy the gun, have it sent to FFL, have her pick it up, and this way, you do not waste your pistol permit.

 

:shock: :shock: :shock: :shock:

[Maksim 1,504]

I could of sworn he said mother. =P

[Drew 4]

Actually, I was wrong... at least per ATF.

 

"Where a person purchases a firearm

with the intent of making a gift of the

firearm to another person, the person

making the purchase is indeed the true

purchaser. There is no straw purchaser

in these instances. In the above example,

if Mr. Jones had bought a firearm

with his own money to give to Mr. Smith

as a birthday present, Mr. Jones could

lawfully have completed Form 4473.

The use of gift certificates would also

not fall within the category of straw purchases.

The person redeeming the gift

certificate would be the actual purchaser

of the firearm and would be properly

reflected as such in the dealer's records."

 

http://www.atf.gov/publications/downloa ... 5300-4.pdf

 

I do not know about how Jersey law looks at it, but the end user needs to have the pistol permits.

If you really want to keep it kosher and safe... buy the gun, have it sent to FFL, have her pick it up, and this way, you do not waste your pistol permit.

 

So that really seems to be the key to a gift.

 

I could of sworn he said mother. =P

 

lol no she is not really into guns

 

Thank you everyone for the info. Very informative as usual

[DirtyDigz 1,812]

Tell your brother he has to save at least one permit.

 

Talk to the FFL, find out the out-the-door price for handgun, get it ordered.

 

Put the cash for the out-the-door price in an envelope, label it "gift certificate for FFL, only to be opened by FFL".

 

Give envelope to bro, he goes to FFL, purchases handgun on his own permit, no secondary f2f transfer needed.