Connecticut Preparedness 

A community of Connecticut neighbors discussing topics important for preparedness and self-reliance.

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User avatar
By AGust82
#44405
I want to buy my friend a shotgun for a house warming/Christmas gift. He doesn't have a permit or hunting license but is record-free and otherwise completely eligible to own firearms. What would the proper procedure be for gifting a very recently purchased firearm? What triggers red flags as straw purchasing? Should I buy and own it for a certain amount of time before transferring?
User avatar
By MessEleven
#44408
Do NOT buy it. Give the guy a gift card or some cash.
User avatar
By myglimk2
#44409
Bought my cousin a 12 gauge for his house warming gift, since he doesnt own any firearms. Filled out a DPS-3c form and gave it to him.

EDIT: I bought it and waited two weeks until he got settled in his new house. He and I both then filled out a DPS-3c to transfer it to him.
Last edited by myglimk2 on Sat Nov 24, 2012 1:17 pm, edited 1 time in total.
User avatar
By Mike_Diako
#44410
What mess11 said. The first question on the 4473 form asks if you are purchasing the firearm for yourself. With this mindset, if you answered "yes" to the question you would be committing perjury and falsifying a federal document. Do yourself a favor and don't do it. If you already had the gun (long gun) in this scenario and decided you wanted to give it to him, that would be fine.
User avatar
By GreggAndrews
#44412
AGust82 wrote:I want to buy my friend a shotgun for a house warming/Christmas gift. He doesn't have a permit or hunting license but is record-free and otherwise completely eligible to own firearms. What would the proper procedure be for gifting a very recently purchased firearm? What triggers red flags as straw purchasing? Should I buy and own it for a certain amount of time before transferring?
I say buy it, shoot it, & enjoy it for awhile. If you're buying it, it's yours (pretty much along the lines of what Jeff did).

Then at a later date, you can give it to him, sell it, do whatever. Have him fill out a DPS3 to remove any doubt.
By hooligan
#44429
If i were sitting on your jury, i would say that a straw buy would be a purchase made for someone else. Doesn't really matter why,, if you buy a gun for some one other than yourself it's a straw buy. If you buy it shoot it,enjoy it for a spell, then pass it on, all good. Just my opinion, and i may be on you jury. :wink:
User avatar
By jtf650
#44434
I found the following at http://www.atf.gov/publications/downloa ... 5300-4.pdf : "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." p.165

And this from the Don't Lie for the Other Guy website:
"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." http://www.dontlie.org/FAQ.cfm

My take is this: a straw purchaser is acting on behalf of another person. A purchaser buying with the intent of making a gift is not acting on behalf of the donee, so it should not be considered a straw purchase. The next time I'm at the local gun shop I'll ask the owner how he interprets it.
User avatar
By AGust82
#44507
Thanks jtf, good find. I assumed there was some kind legal recognition of gift buying of firearms. It must happen on some kind of regular basis.
User avatar
By GixerJockey
#44541
jtf650 wrote:I found the following at http://www.atf.gov/publications/downloa ... 5300-4.pdf : "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." p.165

And this from the Don't Lie for the Other Guy website:
"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." http://www.dontlie.org/FAQ.cfm

My take is this: a straw purchaser is acting on behalf of another person. A purchaser buying with the intent of making a gift is not acting on behalf of the donee, so it should not be considered a straw purchase. The next time I'm at the local gun shop I'll ask the owner how he interprets it.
This...



My understanding from working at the gun store... a gift is a gift. Just like buying a tie for your dad for christmas. If the intended giftee is legal to own a gun, you're good.

A straw purchase is when you are buying with the intent of giving it to someone who couldn't legally purchase the gun on their own.
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