Handgun purchase question

[bennj 215]

Good morning,

My son is looking to purchase a particular handgun. I have alerts set up to notify me online and check our vendors here daily. Being the way things are now, if I get an alert can I purchase the handgun, send to FFL, and then he would do the paperwork there with his FPID and P2P? I would think it's legit because he would be doing the paperwork under his name, etc.

 

[Greenday 323]

So essentially you want to pay for the handgun, but ownership will fall under your son?

And you are trying to skip the owning it yourself first then transferring it to your son to avoid an extra pistol permit and NICS check?

[bennj 215]

Thanks for the reply. I guess the better question would be if I purchase the gun am I deemed the owner even before the paperwork is done. I would be the one who purchases it, but he would be the one using his P2P and FPID card in doing the paperwork under his name. The whole idea being that I would be able to grab it before being sold out. He works all day and wouldn't be able to respond to purchase himself. Not trying to do anything nefarious, and I don't see it as being a straw purchase thing.

[45Doll 5,874]

No one 'owns' a gun moving between manufacturers, distributors, or FFLs, even if you've already paid for it in full. The gun is in transit to the final point of transfer and in the custody of ATF licensed operators or shippers while transiting.

You can 'order' a firearm, have it sent to an FFL, pay for it in full, and then have your son go to the FFL and be  the transferee. I have ordered and paid for firearms for my wife and daughter, and that means nothing legally. Whoever is the 'transferee' must have the proper ID, paperwork, pass the background check, and take possession. Then that person is the 'owner'.

A straw purchase would be you acting as the 'transferee', receiving the firearm, and then handing the firearm over to your son.

Note: I would add that you should advise the FFL who will transfer the firearm to your son that it's inbound, and from where and whom. If you pay for it online it will arrive in your name. (Still means nothing legally.) I have done this as well. The only thing that matters legally is the transfer from the FFL.

 

[bennj 215]

45Doll, thank you for the info. I kinda figured that would be the case, but wanted to hear from someone with first hand experience.