Was having a conversation with some freinds last night over some frosty beverages and this topic came up and none of us were sure if it was legal or not.

 

Lets say a father wants to buy his son a handgun from a LGS for christmas, son has FPID & valid p2p. Can the father pay for the handgun on his credit card and the paperwork all be in the sons name?

Yip no problems

I've done it.

Yes, I've done it for my father. I bought him a pistol for his b'day,... I just went with him to pay. The FFL did all the paperwork in my fathers name. Should not be an issue, the person filling out the papers and getting the NICS check is going to be the owner. Whoever actually pays the FFL is not an issue.

Happens all the time. If your worried, can always buy gift cards!

Thanks guys, we were all pretty sure it wouldnt be a problem, but none of us had ever done it before, and with how f'd up the laws here you cant be too careful

It does throw up a flag to a dealer. Don't be surprised if the sale gets turned down.

I would say its better buying a gift certificate in the amount of the sale just so as to not raise any flags

It is perfectly legal to buy a firearm as a gift for somebody else.

 

What's *illegal* is buying a firearm for somebody who is a prohibited person.

It is also illegal to buy for a non-prohibited person.

 

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My LGS had no issues with it, My dad bought me my p64 this way last year.

It depends on how you present yourself and the situation.

 

- Let the dealer know ahead of time that you are doing this.

- Do not ogle over the firearm more than the acquirer.

 

It is not a gift, unless the giver is filling out the paperwork.

 

Straw Purchaser

 

BTW, I have accepted funds from another and completed the sale. But, I also have denied more for the same reason. Each situation is unique. POI, a dealer can decline any sale at anytime if he is not comfortable with the situation.

If the person getting the gun is has the appropriate permits, why does it matter where or who the money comes from? Especially with say a husband and wife. Wife picks out a gun, has the permit, hubby whips out his credit card to pay for it. I really don't see what the big deal of this is.

 

 

Also, I don't understand the straw purchase. Is it when someone buys a gun in there name and permits and gives it to someone else without legally transferring it, and no longer has the gun I'm there possession? That would be illegal in NJ as an illegal transfer anyway. It almost seems that if my wife buys a gun and puts it in my safe it would make it a straw purchase. What am I missing?

 

How could one prove a straw purchase with a husband and wife if they kept all their gun collection in one safe?

POI, a dealer can decline any sale at anytime if he is not comfortable with the situation.

 

Unless the ATF makes you complete the sale so the guns go to Mexico and turn up at crime scenes which inflate the number of guns purchased in the U.S. that are used to kill Mexicans and they use those numbers as a basis for pushing more gun control here in this country.

 

Not that it could ever happen. But if it did, a really cool name for the operation would be "Fast and Furious".

 

77777

If a gift card is not available for the gun store. Just get a prepaid Credit Card

Hmmm.. Ask my wife how many of "her" guns she has paid for.................... Wish she would pay for some of MINE!

 

Heck, sometimes I have "used" her permits to buy myself guns. Legally they are hers, they all sit in the same safes, BUT when using them I have to make sure she is present when I use one of "her" guns. We have 14 handguns sitting is safes yet because of this idiotic state we must be careful which handguns either of us take without the other person being present. Heaven help us if she took MY 686 without me being present instead of HER 686. Rediculous is an understatment!