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Old 02-09-2017, 08:42 PM   #1
Jose
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Default Stupid gun buying question

So my buddy's birthday is this weekend and his wife wants to buy him a 1911. If she buys him one to give to him, how does that workout? Is that considered a straw purchase? How does it work if it's a gift? And what if it's a private sale?
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Old 02-09-2017, 08:43 PM   #2
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no its not a straw purchase
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Old 02-09-2017, 08:47 PM   #3
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Cool. I've never bought a gun for another person.. Actually I have for my dad but it's been a while. Anyway thanks for clarifying that.
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Old 02-09-2017, 10:51 PM   #4
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Cool. I've never bought a gun for another person.. Actually I have for my dad but it's been a while. Anyway thanks for clarifying that.
If he's not a felon.....no issue.
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Old 02-09-2017, 11:12 PM   #5
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How's one fill out a 4473, question 11a:
Are you the actual transferee/buyer of the firearm(s) listed on this form? Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm(s) to you.

Just curious how all that works, and giving as a gift.
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Old 02-09-2017, 11:27 PM   #6
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You fill out the 4473 for yourself. You are the initial reciepent of the firearm. Gifting a gun you just bought to a family member is perfectly fine.

You aren't acquiring it on their "behalf". They have no knowledge, and even if they did - they aren't paying you for the gun, so you are still the buyer.
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Old 02-10-2017, 06:19 AM   #7
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As everyone said, it's no issue.

But, let her know that some stores that have "policies" against selling a firearm to a person that intends to give it as a gift unless they are a minor. She may want to keep that part to herself.
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Old 02-10-2017, 07:58 AM   #8
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You fill out the 4473 for yourself. You are the initial reciepent of the firearm. Gifting a gun you just bought to a family member is perfectly fine.

You aren't acquiring it on their "behalf". They have no knowledge, and even if they did - they aren't paying you for the gun, so you are still the buyer.
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Old 02-10-2017, 08:37 AM   #9
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Originally Posted by GhostTX View Post
How's one fill out a 4473, question 11a:
Are you the actual transferee/buyer of the firearm(s) listed on this form? Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm(s) to you.

Just curious how all that works, and giving as a gift.
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You fill out the 4473 for yourself. You are the initial reciepent of the firearm. Gifting a gun you just bought to a family member is perfectly fine.

You aren't acquiring it on their "behalf". They have no knowledge, and even if they did - they aren't paying you for the gun, so you are still the buyer.
THIS! I couldn't remember the exact language but this is what I was concerned about and thanks everybody for clearing that up.
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Old 02-10-2017, 08:39 AM   #10
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As everyone said, it's no issue.

But, let her know that some stores that have "policies" against selling a firearm to a person that intends to give it as a gift unless they are a minor. She may want to keep that part to herself.
Which is why I brought up the whole subject. It may look a little odd a short Mexican lady buying a full size 1911 Especially and possible from a private seller.
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Old 02-10-2017, 11:53 AM   #11
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Wife buying for husband: The gun is still 'marital' property and really belongs to both of them.
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Old 02-10-2017, 01:10 PM   #12
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Wife buying for husband: The gun is still 'marital' property and really belongs to both of them.
Good answer. Just don't want any problems since I'm going with her but I'm not buying and it's not for me. You never know if the seller is going to get antsy about anything.
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Old 02-10-2017, 01:18 PM   #13
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Good answer. Just don't want any problems since I'm going with her but I'm not buying and it's not for me. You never know if the seller is going to get antsy about anything.
She could gift you the cash, you could buy it, gift it to her so she can gift it to her husband.
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Old 02-10-2017, 01:25 PM   #14
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She could gift you the cash, you could buy it, gift it to her so she can gift it to her husband.
Yea, I wouldn't do that.
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Old 02-10-2017, 02:14 PM   #15
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Yea, I wouldn't do that.
Ya LOL!
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Old 02-12-2017, 09:07 PM   #16
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If you are giving the firearm as a gift, you are still the actual buyer. You’re in the clear there. This differs from a straw purchase, where you are also the actual buyer (or legal buyer, who then resells the gun to someone who can’t buy it).

That’s why the ATF has added the additional language in the warning about “acquiring the firearm(s) on behalf of another person.” Regarding straw purchases, form 4473 is clear. You can’t acquire a firearm “on behalf” of another person.
If you are giving the firearm as a gift, you are still the actual buyer. You’re in the clear there. This differs from a straw purchase, where you are also the actual buyer (or legal buyer, who then resells the gun to someone who can’t buy it).



The only catch I can think of Jose, is that both of them MUST reside in the same state. BTW, the ATF does not give credence to "community property" with respect to firearms. There is no "duel" ownership.

Last edited by likeitfast55; 02-12-2017 at 09:14 PM.
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Old 02-12-2017, 09:46 PM   #17
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Originally Posted by likeitfast55 View Post
If you are giving the firearm as a gift, you are still the actual buyer. You’re in the clear there. This differs from a straw purchase, where you are also the actual buyer (or legal buyer, who then resells the gun to someone who can’t buy it).

That’s why the ATF has added the additional language in the warning about “acquiring the firearm(s) on behalf of another person.” Regarding straw purchases, form 4473 is clear. You can’t acquire a firearm “on behalf” of another person.
If you are giving the firearm as a gift, you are still the actual buyer. You’re in the clear there. This differs from a straw purchase, where you are also the actual buyer (or legal buyer, who then resells the gun to someone who can’t buy it).



The only catch I can think of Jose, is that both of them MUST reside in the same state. BTW, the ATF does not give credence to "community property" with respect to firearms. There is no "duel" ownership.
Thanks Randy!
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Old 02-12-2017, 09:52 PM   #18
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Lol at duel
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Old 02-13-2017, 08:46 AM   #19
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Lol at duel
I giggled too.
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Old 02-13-2017, 01:09 PM   #20
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I giggled too.
Guilty ---- 2400 miles in the past week. I was a little weak last night.
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