gun sale hypothetical thinker....

[jdege]

I can buy a firearm for someone else as a gift, as long as that person can legally have the firearm.

The ATF may disagree:

http://www.atf.gov/training/firearms/ffl-learning-theater/swf/toon4.html

[hoel6466]

I can buy a firearm for someone else as a gift, as long as that person can legally have the firearm.

The ATF may disagree:

http://www.atf.gov/training/firearms/ffl-learning-theater/swf/toon4.html

Right and they said that the crime that would be committed is knowingly making a false statement on the form 4473. In this case there is no form 4473 so there can be no crime????

I'd say as long as you sell the gun to someone you are legally able to then you are good to go. if you have any doubts use an FFL to make the transfer.

[TH3180]

Here's how I'm gonna handle it-

"I sold all my guns to a nice guy in Minneapolis. He said he was an engineer. He seemed to have a lot of tattoos and really like beer and old Saturday night specials. Gee officer, I have no idea what he did with them after I sold them."

This!

[Cuda66]

I can buy a firearm for someone else as a gift, as long as that person can legally have the firearm.

The ATF may disagree:

http://www.atf.gov/training/firearms/ffl-learning-theater/swf/toon4.html

You obviously haven't watched this, as a couple minutes in, it says this regarding gifts:

"A transaction is legal as long as the person who fills out the 4473 does so truthfully and completes it as the actual purchaser."

It goes on to talk about a parent-son transfer, but it also says that it could be gifted to anyone who is not a prohibited person.

If I am buying it as a gift for someone--and not as a "wink-wink" gift--I am, in fact, the actual purchaser. The giftee is not paying me for it.

[Iasca]

It isn't really a Straw Buy.
A Straw buy is where a person who can not legally have a firearm gets someone to purchase said firearm for them.

A straw buy is where ANY person purchases the firearm on behalf of another.

Not true.

I can buy a firearm for someone else as a gift, as long as that person can legally have the firearm.

That's not purchasing on behalf of another. That's buying the gun yourself and gifting it.

[Pat Cannon]

Seems to me like the only way this hypothetical situation would go bad is if the buyer is a law enforcement agent or informant setting you up. Is the Man out to get you for anything lately?

[XDM45]

Just to add fuel to the fire. I bought a handgun from a local prominent law professor who posts on another board. I was upfront telling him I was buying it for a gift for my returning Marine son. He told me "as long as it is a gift to a direct family member, it's not a straw purchase".

However, I would think that the person being given the gun would have to be someone who could legally own one.

Also, (and maybe I am a bit paranoid here, but...) I wouldn't buy a gun as a gift for someone. I would (in the case of a gift) supply the money for said purchase, but they would need to go pick out the gun for themselves and go through the deal as the actual purchaser of it themselves. Less chance of a legal mess for all involved. It's a bad idea to buy certain things for other people such as pets, clothing, weapons, etc, in my opinion.

As for selling a gun, (which is something I'll probably never do since I only have guns I want and need, not a collection of them), the gun would be transferred through an FFL dealer. I don't care who the purchaser is since I would be dealing with them through the legal process and they would need to be able to qualify for the purchase. If they have to fly in to MN from Timbucktoo to do that, that's their deal, not mine. Likewise, it's why I would only buy locally as well. If someone wants to ship a gun I'm buying to a local FFL dealer, cool. I always prefer to err on the side of extreme caution, especially when it comes to the law.

[bulletproof]

With an FFL it's pretty clear that anyone can pay for the firearm, but the transferee has to fill out the background check.